Pools are a welcome addition to a home, especially in a city like Miami, where there are high temperatures throughout the year. However, if a property owner does not exercise caution with the maintenance of their pool, there is a high risk that a person could drown while attempting to swim in the pool. Fortunately, it is possible to hold a negligent pool owner liable for their actions. If your family member drowned in a pool accident due to a negligent property owner, contact an experienced Miami pool drowning attorney as soon as possible.
Prosper Shaked Accident Injury Attorneys PA understands the trauma of seeing a family member drown, and we are here to offer you the legal representation you need to file a claim against a negligent pool owner. You are not alone in your search for justice. To schedule a free legal consultation to discuss your potential lawsuit, contact the Law Offices of Prosper Shaked at (305) 690-0244. Our firm is also available to communicate online.
Liability for a Pool Drowning Accident in Miami
The owner of a swimming pool must always consider the possibility that a person could be injured or could drown while swimming on their property. That is why a pool owner should take steps to ensure the pool and the area around the pool is as safe as possible. If a property owner fails to take precautions while owning a pool, this could lead to a valid premises liability lawsuit.
Premises liability is an area of personal injury law that deals with a property owner’s responsibility for accidents that occur on their property. Generally, property owners have a duty to ensure that their property is free from hazards that could injure a visitor. For example, if a property owner fails to repair a ladder to enter and exit the pool, they could be liable if a visitor falls from the ladder and breaks a bone or possibly drowns. Alternatively, a property owner could also warn a visitor of a hazard to their safety.
In some cases, a property owner may owe a duty of care to a trespasser that was injured in their pool under the attractive nuisance doctrine. An attractive nuisance is a possibly dangerous object that is not considered a part of nature, and that could easily attract a child onto a person’s property. A swimming pool is regarded as an attractive nuisance because it is humanmade, and a child may enter a landowner’s property to attempt to swim.
To avoid liability under the attractive nuisance doctrine, a property owner will have to secure their pool to ensure a child cannot easily enter it and possibly drown. This means that a property owner may have to install a gate surrounding the pool or cover the pool when it is not in use. Note, however, that the attractive nuisance doctrine does not apply in situations where a child is injured by an object found in nature, like a tree.
If your child was a victim of a pool drowning on a negligent landowner’s property, you should waste no time in speaking with an experienced Miami pool drowning lawyer as soon as possible.
Filing a Wrongful Death Lawsuit After a Pool Drowning in Miami
A pool drowning is a tragic event that can substantially impact a family. If your loved one died in a pool drowning, you could file a wrongful death lawsuit against the individual or entity responsible for their death.
Under Florida’s wrongful death statute, a survivor of the victim can file suit with a court of law. Note, however, that there are only certain parties that can file a wrongful death lawsuit against another party. Specifically, only the following parties can seek compensation in a wrongful death lawsuit:
- The surviving spouse of the decedent
- Children of the decedent
- Parents of the decedent
- Blood relatives and adoptive brothers and sisters that were dependent upon the decedent for support
To prove a wrongful death lawsuit, the plaintiff will typically have to show how the defendant acted negligently. Under some circumstances, a wrongful death lawsuit may accrue due to a breach of contract.
When to File a Wrongful Death Lawsuit in Miami, FL
A potential plaintiff should also be aware that there is only a limited amount of time to file a wrongful death lawsuit in the State of Florida. This particular law is known as the statute of limitations. The statute of limitations sets the amount of time a plaintiff has to file a lawsuit with a court of law.
In Florida, a wrongful death lawsuit must be filed within two years of the date of the decedent’s death. If a plaintiff fails to file their lawsuit within two years, the lawsuit could be barred by the court. As a result, a plaintiff may be unable to seek justice for the death of their loved one.
Consult with Our Dedicated Miami Pool Drowning Lawyer to Discuss Your Potential Suit
If your family member drowned in a deadly pool accident, you should consult with an experienced Miami pool drowning lawyer today. Wrongful death lawyer Prosper Shaked has extensive experience litigating complex wrongful death lawsuits, and he would be honored to work with you. To schedule a free legal consultation to discuss your potential case, contact the Law Offices of Prosper Shaked at (305) 690-0244. You may also contact us online.