Swimming pools are a common fixture in Florida, with many choosing to take full advantage of the year-round warm weather. Despite the fact that pools are intended for recreational use, they can become incredibly dangerous when the owner fails to adhere to safety regulations. As such, if you or a loved one were injured because of a negligent swimming pool owner, read on and reach out to our firm today to discuss your legal options with one of our Panama City slip & fall accident attorneys.

Common Causes of Swimming Pool Accidents in Florida

Swimming pool accidents can occur in a number of ways. The most common cause, however, is pool owner negligence. If a pool owner does not keep their grounds safe and someone gets injured as a result, the pool owner may be held liable.

Lack of Adequate Supervision

  • No lifeguard or responsible adult present when swimming
  • Children left unattended near a pool
  • Failure to watch inexperienced swimmers

Unsafe Pool Design or Maintenance

  • Missing, broken, or defective drain covers
  • Broken pool ladders or steps
  • Poorly marked warnings for shallow areas or no diving zones

Inadequate Pool Barriers and Safety Features

  • Missing or unlocked fencing
  • Lack of pool covers or alarms
  • Easily accessible ladder when the pool is not in use

Electrical and Equipment Hazards

  • Electrical devices placed or used near water
  • Inadequate grounding of electrical pool equipment
  • Faulty wiring or lighting fixtures

Alcohol or Drug-Related Pool Use

  • Swimming after the consumption of drugs or alcohol
  • Lack of adequate supervision when alcohol is present

Swimming Pool Safety Obligations Under Florida Law

It’s important to understand that both commercial and private pool owners have a number of legal requirements they must meet to ensure their premises are safe and avoid preventable injuries. Under Florida’s Swimming Pool Safety Act (Chapter 515), pool owners must meet the following requirements:

  • There must be a barrier of at least four feet surrounding the pool
  • All drains, covers, and safety equipment must be adequately maintained and remain in working condition
  • Guests must be warned of hazards
  • Compliance with Florida health and building codes must be followed

You should also note that, in Florida, a heightened duty of care is required when children are present near a pool.

Injuries Commonly Caused by Swimming Pool Accidents

Unfortunately, due to the nature of swimming pools, there are a number of injuries that may arise when in use, many of which can be severe or life-threatening. These include:

  • Drowning or near-drowning
  • Traumatic Brain Injuries (TBIs)
  • Severe lacerations
  • Electrical shocks
  • Spinal cord and neck injuries
  • Neurological damage
  • Broken bones or fractures

What to Do After a Swimming Pool Accident

To successfully file a claim for a swimming pool accident, you must be able to demonstrate that your injuries were a direct result of another’s negligence. It is critical to acquire as much evidence as possible to help strengthen the chances of being awarded compensation for your injuries. If you can, take the following steps after your accident:

Call 911 Immediately

  • This helps ensure that you can receive immediate medical attention
  • Also ensures formal documentation of the incident

Document the Scene

  • If you are physically able to, you should take photos and videos of:
    • The pool conditions
    • Safety features
    • Fencing (or lack thereof)
    • Signage
    • Drain covers
    • Ladder locations

Gather Witness Information

You should gather the contact information of witnesses, including:

  • Names
  • Phone numbers
  • Emails
  • Statements, if possible

Seek Immediate Medical Attention

Even if you feel okay or your injuries appear minor, ensuring you are evaluated at the accident scene or by a physician in the immediate aftermath of a pool accident in Panama City is critical. Not only can this ensure that your injuries are treated, but it also helps establish immediate medical care. This can benefit your case, as the negligent party cannot claim that your injuries were worsened by your delayed treatment or that the injuries were caused by another accident.

Refrain From Speaking with Insurance Companies

If you are contacted by an insurance company, it’s in your best interest to avoid providing a recorded statement without first consulting an attorney. Insurance companies will often contact injured individuals shortly after the accident in the hopes that they can reduce or deny liability based on statements from the injured party.

Can I Sue After a Florida Swimming Pool Accident?

If you sustained an injury due to the negligent actions of another party, you will generally be able to pursue a claim against them for negligence in Panama City.

What If the Pool Owner is a Friend or Family Member?

It’s important to understand that, even if you have a personal relationship with the owner of the pool, compensation may be the only way to cover the cost of long-term care or extensive medical bills. As such, it’s necessary to understand that:

  • Florida allows injured parties to recover compensation regardless of personal relationships with the negligent party
  • Claims for compensation are typically filed against homeowner’s insurance, not the individual

Proving Negligence in a Florida Swimming Pool Accident Case

If you or a loved one has suffered an injury caused by a negligent pool owner in Florida, it’s important to understand the elements necessary to show that the property owner’s failure constitutes negligence.

Elements of Negligence in Florida

  • The pool owner owed you a duty of care
  • The pool owner breached that duty of care
  • That duty directly resulted in your injuries
  • You suffered damages as a result of the injuries

Evidence That May Support Your Panama City Pool Injury Claim

  • Surveillance footage
  • Expert testimony
  • Medical documentation
  • Photos and videos from the scene
  • Witness statements
  • Maintenance or inspection records

Compensation Available After a Swimming Pool Injury

Depending on the circumstances of your accident and the severity of the injuries you’ve suffered as a result, you’ll find that you may be eligible for the following compensation:

  • Medical expenses
  • Future medical care
  • Physical therapy and rehabilitation
  • Pain and suffering
  • Disability
  • Scarring or disfigurement
  • Lost income
  • Reduced future earning capacity

Contact Our Experienced Florida Personal Injury Team Today

If you or a loved one has been hurt while enjoying a swimming pool in Panama City, it’s in your best interest to connect with an experienced attorney with Manuel & Thompson. Our legal team understands how difficult these matters can be to navigate on your own, which is why we will do everything in our power to assist you in recovering the justice and compensation you deserve. Contact us today to learn how we can represent you during these complex matters.