Miami Swimming Pool Accident Attorneys
Advocates for Those Injured by Improper Supervision, Poor Maintenance and Unsecured Pools
While swimming pools offer a source of recreation and exercise, they can also pose a serious hazard when homeowners fail to use proper fencing or lock gates to secure the pool. Our Miami swimming pool accident attorneys know how public pools may be overrun with kids and understaffed with lifeguards so that there is inadequate detection of distressed swimmers especially during the busy summer months. Whether a pool is owned by a public entity, private homeowner or Florida resort, the safety of swimmers can be endangered when lifesaving equipment falls into disrepair or pool drain covers are missing. When those who own or operate a swimming pool fail to act prudently by providing adequate supervision, security barriers and maintenance, the promise of fun and recreation offered by a swimming pool can become a life-threatening hazard that threatens serious injury and wrongful death.
Our Florida swimming pool accident lawyers have over three decades of experience handling serious injury cases involving pool and spa accidents. Our Miami personal injury law firm has obtained multi-million dollar verdicts and settlements for many of our clients because our attorneys have over 100 years of combined experience handling serious personal injury cases. We recognize the importance of thorough preparation, meticulous legal research, well respected pool industry experts, aggressive negotiation and tenacious advocacy. When people suffer brain damage in near drowning incidents or the tragic loss of a loved one in a drain entrapment accident, we work diligently to help our client hold those whose negligent conduct caused the tragedy accountable and to obtain the compensation our clients deserve.
Common Miami Swimming Pool Accidents
Because we have experience representing clients in a range of pool accidents, our South Florida swimming pool injury attorneys are qualified to handle the following types of cases:
· Drowning Wrongful Death Claims
· Near Drowning Accidents Resulting in Impaired Brain Function
· Drain Entrapment Accidents
· Diving Board Head, Neck and Spinal Injuries
· Fractures and Broken Bones Caused by a Fall
When adequate care is not exercised around a pool, drowning incidents and other pool and jacuzzi accidents can happen in a wide range of settings including residential pools, luxury resorts, apartment complexes, public pools, motels/hotels and water parks. A broken lock on a gate or distracted lifeguard or neighbor can result in the fatal drowning of a child in less than five minutes of time and less than two inches of water.
Non-swimmers and children are especially at-risk of suffering severe injury caused by insufficient supervision, drain entrapment or faulty enclosures. The Centers for Disease Control and Prevention (CDC) report that more than 3,300 people die annually in drowning incidents. Children are the most common victims of these fatal accidents with drowning constituting the second leading cause of death for children between the ages of one and fourteen. The CDC estimates that for every drowning incident, there are four incidents that result in near drowning submersions that require hospitalization. Because of the deprivation of oxygen to the brain, fifty percent of children who continue to require CPR after reaching the hospital suffer significant neurological damage resulting in permanent impairment of mental and/or physical functioning.
Basis for Florida Swimming Pool Wrongful Death and Personal Injury Claims
Because swimming pools pose a special risk for kids, there is a legal doctrine that often provides special protection to kids who wander onto property where a pool is present even without express or implied permission. While a full explanation of the attractive nuisance doctrine is beyond the scope of this discussion, a land owner may be held liable for a dangerous condition on the his or her premises that presents an unreasonable risk of harm to children because children’s age and lack of maturity may prevent them from appreciating such a risk. A swimming pool or hot tub provide the classic example of an attractive nuisance that essentially amount to an attractive “trap” for unsuspecting kids.
There are many forms of negligence that may result in a swimming pool accident that causes catastrophic brain injuries or wrongful death that may be committed by a variety of parties including property owners, manufacturers of pool equipment, pool installers, property management companies, lifeguards, public entities operating public pools and others. Some of the most common types of negligence that may cause a fatal drowning or other severe debilitating injury around a pool and spa include:
· Improper installation of a pool enclosure and/or pool cover
· Drain covers that have been lost or not properly maintained
· Jacuzzis and hot tubs that are not covered
· Failure to lock the gate of a swimming pool enclosure
· Lifeguards that are distracted or not properly trained
· Lack of adult supervision of kids around a pool
· Substandard safety procedures and practices in waterparks
· Missing or poorly maintained lifesaving equipment
· Pools that lack a fence and gate that meets building code and safety standards
· Defective flotation devices and inflatable pool toys
· Failure to supply a lifeguard
Monetary Recovery in Miami-Dade Pool & Jacuzzi Accident Claims
If you or a close family member suffers serious injury or a loved one dies in a Miami pool accident, this type of accident often leads to life-altering injuries that cause permanent disability and that necessitate long-term supportive care. The cost associated with the intense treatment, rehabilitation and supportive care that accompanies a brain injury caused by oxygen deprivation can be staggering. Depending on the unique circumstances of your Florida pool or spa accident, our experienced Miami pool accident attorneys may be able to seek compensation for some or all of the following:
· Costs associated with medical treatment, rehabilitation and long-term nursing care
· Pain and suffering
· Emotional distress
· Diminished quality of life
· Lost salary, commission, wages and benefits
· Future impaired earning capacity
· Loss of companionship and services of a spouse
· Funeral/burial expenses (wrongful death)
· Punitive damages
Our Miami pool accident injury lawyers understand that our clients are beloved parents, children, siblings, grandparents and more to their loved ones. We handle the case of each client we represent with the compassion, diligence and dignity that loved ones expect when someone they love is injured or dies. We work with experts and investigators to develop persuasive legal arguments and compelling evidence so that we can seek the best outcome for our clients. Our Managing Partner Stewart G. Greenberg has been voted one of South Florida's top rated lawyers by the Miami Herald and recognized by his peers and Judges as a top litigator.
Our experienced Miami pool injury attorneys at Greenberg, Stone & Urbano offer a free consultation so that we can evaluate your claim and explain your rights and legal options. We encourage you to schedule an initial consultation at no charge by contacting us at either 305-595-2400 or (888) 499-9700 or submitting a case inquiry form. We look forward to talking to you and providing assistance with your legal needs!