Swimming pools can be a great way to unwind for family and friends. However, there is also a high risk of suffering an injury in a pool if proper precautions are not taken. When a pool injury occurs, the owner of the pool could be the party responsible for a victim’s injuries. If you were injured while swimming at a pool, you should consult with an experienced Miami swimming pool injury attorney.
Prosper Shaked Accident Injury Attorneys PA is committed to fighting for the victims of a swimming pool accident that were injured due to the negligence of a property owner. A victim should not have to bear the burden of a severe injury due to the negligent actions of a pool owner. Our firm would be pleased to provide you with the legal representation you deserve. To schedule a free legal consultation to discuss your swimming pool injury lawsuit, contact the Law Offices of Prosper Shaked at (305) 690-0244. You can also contact the firm online.
Common Causes of Swimming Pool Accidents in Miami, FL
Swimming pools are intended to be a source of fun for people of all ages. This should not discount the fact that pools can also be extremely dangerous. That is why a swimming pool owner can be held responsible for an accident that occurs on their property. The following is a list of common swimming pool accidents that can cause a severe injury.
Swimming pools should always be supervised by individuals that can swim and can react to an issue if a person or child begins to drown. However, some pool owners may cause a serious incident by failing to supervise swimmers properly. In some cases, a property owner may be subject to the attractive nuisance doctrine for lack of supervision of their pool.
Under the attractive nuisance doctrine, a landowner could be held liable if a child trespasses onto their property and sustains an injury or drowns in the landowner’s pool. Pools are considered an attractive nuisance because they can easily capture the attention of a child, and it is not an attraction that occurs within the bounds of nature.
Children trespassing onto a property with a pool should be treated as visitors, meaning the landowner should take steps to ensure their pool will not injure a child. This can be accomplished by placing a gate around the pool or a cover on top of the pool.
It is essential for a pool owner to frequently perform maintenance on a pool to ensure that it is operating as intended. Unfortunately, some pool owners will fail to maintain it and may look to cut corners instead. This can easily result in a serious accident. For example, if a diving board is not properly equipped, a diver could lose their balance and hit their head on the side of the pool.
There are other circumstances where inadequate maintenance can result in a severe accident:
- Pool drain ensnaring a victim’s limbs or clothing
- Unstable ladder used to exit and enter a pool
- Broken sections of concrete near the pool
This is not an exhaustive list. Additionally, swimming pools can also be dangerous if the chemical levels are not properly adjusted. For example, if the owner of an indoor pool uses an excessive amount of chlorine, it could cause eye injuries and various other issues.
Intoxication is another serious issue that can lead to a pool accident. If a host serves alcohol at a pool party, they could be liable if a visitor becomes overly intoxicated and sustain an injury or drowns.
These are just a few scenarios where a person could be injured while swimming. If you wish to pursue a lawsuit against the property owner responsible for your pool injury, you should continue reading and speak with an experienced Miami swimming pool injury lawyer.
Establishing Negligence for a Swimming Pool Injury Lawsuit in Miami, FL
When filing a swimming pool injury lawsuit, a plaintiff should be aware of the requirements to prove negligence in a legal claim. Specifically, a plaintiff will have to prove the following four elements to show negligence:
- The defendant owed the plaintiff a duty of care
- The defendant failed to uphold the duty of care to the plaintiff (e.g., unstable diving board)
- The plaintiff was injured as a result of the defendant’s actions
- The plaintiff sustained an injury that is compensable by a court of law
There are various forms of evidence that can help prove negligence. For example, a plaintiff can use pictures of their injuries and photos of the scene of the accident to prove their lawsuit. After negligence is established, a plaintiff can be awarded damages for their injuries.
Prosper Shaked Accident Injury Attorneys PA is here to help you claim compensation for the injuries you suffered in a swimming pool accident.
Contact Our Committed Miami Swimming Pool Injury Lawyer Today
If your loved one was injured in a swimming pool accident, contact an experienced Miami swimming pool injury lawyer today. Personal injury attorney Prosper Shaked has worked on a variety of swimming pool injury claims, and he would welcome the opportunity to represent you. To schedule a free legal consultation to discuss your swimming pool accident, contact Prosper Shaked at (305) 694-2676. You may also contact the firm online.