Injured in a FL Swimming Pool Accident? How to File a Claim

Swimming pools are a staple of Florida life, offering a refreshing escape from the heat. However, they can also pose significant risks. Slip-and-falls, diving accidents, and drownings are just a few of the potential hazards of swimming pools.

You may be entitled to compensation if you or a loved one has been injured in a swimming pool accident. This guide will walk you through the essential steps to filing a claim for a swimming pool injury in Florida.

Understanding Liability in Swimming Pool Accidents

Under state law, swimming pool owners are responsible for maintaining a safe environment. Whether the pool is located at a private residence, hotel, or public facility, the owners must take reasonable steps to ensure the safety of those who use the pool. The failure to do so can result in liability if someone is injured.

Common causes of swimming pool accidents include:

Lack of proper supervision. This is particularly relevant in cases involving children.

Inadequate fencing or barriers. Florida law requires certain safety features to prevent unauthorized access to pools.

Defective pool equipment. Faulty drains, broken ladders, or other equipment can lead to severe injuries.

Slippery surfaces. Wet pool decks can create slip-and-fall hazards.

Improper maintenance. Unclean or chemically imbalanced water can cause health problems.

If your accident resulted from any of these issues, you might have a case for a personal injury claim. It is, however, essential to know that Florida follows the comparative negligence rule.

This means if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For instance, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. Because the percentage of fault can be highly subjective, you must work with an experienced attorney who can help minimize your level of fault.

Steps Floridians Should Know to File a Claim

1. Seek Immediate Medical Attention. Your health is the top priority. Even if your injuries seem minor, seeing a doctor as soon as possible is important. Not only does this ensure your well-being, but it also provides documentation of your injuries, which is crucial for your claim.
2. Document the Accident. Collect as much evidence as possible. Take photographs of the accident scene, your injuries, and any hazardous conditions that may have contributed to the accident. If there were witnesses, get their contact information. Their testimony could be valuable in proving liability.
3. Report the Incident. Report the accident to the management or owner if it occurred at a public or commercial pool. This creates an official record of the incident. If the accident happened at a private residence, inform the homeowner.
4. Consult with a Personal Injury Attorney. Navigating a swimming pool injury claim can be complex, especially when dealing with serious injuries. An experienced Florida personal injury attorney can help you understand your rights and guide you through the process. They will evaluate your case, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.
5. File a Claim. Your attorney will help you file a claim against the responsible party. This typically involves submitting a demand letter to the pool owner’s insurance company outlining the damages you seek. Damages may include medical expenses, lost wages, pain and suffering, or, in worst-case scenarios, wrongful death.

Do not pay for someone else’s mistake. If you or a loved one is harmed in a pool accident due to another’s negligence, fight back to protect your rights and help reduce the chances of this kind of injury happening to anyone else.