Vero Beach Swimming Pool Accident Lawyers

Vero Beach, FL

Vero Beach Swimming Pool Accident Lawyers

Florida is known as the Sunshine State. It isn’t unsurprising, then, that Florida has the highest number of residential pools in the country. According to one survey, there are approximately 1.59 million residential pools in Florida, or roughly 1 pool for every 14 residents.

While swimming is a great way to cool off, swimming pools also present certain risks, like slips and falls, electrocution, diving board accidents, and drownings. If you are hurt at a public or private swimming pool, you may be able to file a lawsuit against the pool’s owner. Our Vero Beach personal injury lawyers can work with you to help you recover compensation for your medical bills, pain and suffering, lost wages, and other losses.

Based in Vero Beach, Gould Cooksey Fennell represents accident victims throughout Florida’s Treasure Coast. We offer skilled legal representation for a range of personal injury claims, including car accidents, child injuries, medical malpractice, and swimming pool accidents. 

Contact our law firm today to schedule a free initial consultation with a Vero Beach swimming pool accident attorney.

Types of Swimming Pool Accidents

Swimming pools are the perfect place to relax, have fun, and get some exercise. But swimming pools are also full of potential dangers, both inside and outside of the water.

There are several potential hazards in and around swimming pools. Accidents may be caused by:

  1. Wet, slippery surfaces or poorly maintained decking, which may cause slips and falls
  2. Inadequate signage to warn about potential risks (such as diving into shallow water)
  3. Lack of supervision, particularly for younger children 
  4. No fences or locking gates to limit access to the pool, which may lead to drownings and other accidents
  5. Defective equipment, including filters, drains, drain covers, and diving boards.

 

A swimming pool accident can often result in serious or fatal injuries. In fact, according to the American Red Cross, an estimated 4,000 people die each year from unintentional drownings. Drowning is the leading cause of death for children aged 1 to 4, as well as for adults and children with autism spectrum disorder. 

There are many nonfatal injuries that are also associated with swimming pool accidents. Near-drownings (or non-fatal drownings) occur when a person breathes in water while underwater. This can cause oxygen deprivation, leading to brain injury, lung damage, and other impairments.

Other common injuries associated with swimming pool accidents include broken bones from slips and falls on slick deck surfaces and neck and spinal cord injuries from diving accidents. Any of these injuries can lead to long-term, permanent disabilities that may require a lifetime of medical treatment and care. Our Vero Beach swimming pool accident attorneys can help analyze your claim to ensure that all of your losses are accounted for in a personal injury claim.

Can You File a Personal Injury Claim for a Florida Swimming Pool Accident?

If you are hurt in a swimming pool accident, you may be able to file a lawsuit against the at-fault party. A premises liability lawsuit can be brought against the owner or occupier of a property where a person suffered an injury due to negligence. In a pool accident case, you might bring a claim against:

  • A homeowner of the private pool where the accident occurred;
  • The renter or the landlord of a property with a private pool;
  • The owner of a private or commercial pool, such as a homeowner’s association, a gym, a hotel, a campground, or an apartment complex; or 
  • A government entity responsible for a community, school, or municipal pool.

 

To win a premises liability claim against the property owner/occupier (defendant), the injury victim (plaintiff) must prove the following elements:

  1. The defendant owed you a duty of care;
  2. The defendant violated that duty of care in some way;
  3. The plaintiff suffered an injury; and
  4. The injury was caused by the defendant’s failure to meet the duty of care.

 

A duty of care arises when there is a dangerous condition on the property and the owner either knows or should know about the danger. The relationship between the property owner and the injury victim defines the duty of care. Property owners have a limited duty of care to trespassers, but a much higher duty to licensees (such as social guests) and the highest duty towards invitees (people on the property for a business purpose).

For example, consider a case where an apartment complex maintains a pool for residents to use. The property managers failed to schedule routine maintenance for the pool and did not notice that the springs on the diving board were broken. If a tenant uses the diving board and suffers an injury, the owner of the apartment complex and the property managers could potentially be held liable for their losses.

Premises liability cases can be complex, particularly in situations where the dangerous condition may not have been obvious. Our Vero Beach swimming pool accident lawyers will investigate your claim to build the strongest possible claim for compensation against the at-fault property owner or other party.

How Much Is a Swimming Pool Accident Case Worth?

Premises liability claims, including for swimming pool accidents, are typically covered by an insurance policy. Depending on the property, a claim might be paid by a homeowner’s, renter’s, or commercial liability policy. However, even when liability is clear, insurance companies often balk at paying injury victims the compensation that they deserve for their injuries.

Generally, plaintiffs in a personal injury case may be able to recover money for all of their losses. This may include compensation for their economic damages, such as property damage, lost wages, reduced earning capacity, medical bills, and future medical care. They may also recover money for their non-economic damages, including pain and suffering, scarring, disfigurement, emotional distress, and loss of enjoyment of life. In cases involving intentional or reckless conduct, punitive damages may also be awarded.

Insurance companies often focus heavily on economic damages because they are easier to prove. They use a formula to determine non-economic damages by multiplying the total economic damages by a number that is based on what they believe to be the severity of the injuries. This calculation often leaves accident victims without sufficient money to cover their losses.

Insurers often use other tactics to reduce the amount that they pay to accident victims (which increases their own profits). For example, an insurance adjuster may approach you after a swimming pool accident and ask you to give a statement, sign some paperwork, or accept a settlement offer. Talking to an adjuster or signing anything could lead to you getting far less money than you are entitled to under the law.

For example, the insurance company may use your statement to argue that you were partially at fault for the accident. Under Florida’s comparative negligence laws, admitting fault may result in your recovery being reduced. Alternatively, if you accept a lowball settlement offer from the adjuster, you will be required to give up your right to sue. If you discover later that your injuries were more serious than you thought, you won’t be able to pursue legal action.

The value of any personal injury case depends on multiple factors, including the severity of your injuries, the likelihood that you will make a full recovery, the insurance coverage available, and whether liability is clear. The best way to get maximum compensation for your swimming pool accident is by working with a lawyer. As soon as possible after an accident, you should schedule a free initial consultation with a Vero Beach personal injury attorney.

A lawyer is obligated to represent your best interests. Their goal is to recover as much money as possible for you, as quickly as possible. They will thoroughly analyze and investigate your case to help you get the best outcome. Your attorney will also protect you from unscrupulous insurance companies so that you get the compensation that you deserve.

Insurance companies are in business to make money. Their goal in your case is directly opposed to your own: they want to resolve the claim for the lowest possible amount. If you want to get top dollar for your swimming pool accident, you should always seek legal representation from a seasoned Vero Beach swimming pool accident lawyer.

Hurt at a Swimming Pool? Give Us a Call.

Swimming pool accidents can cause lasting physical and emotional harm. Survivors often grapple with anxiety and depression. They may also struggle with the financial impact of this type of accident. Our law offices will advocate for you and help you get the compensation that you need to move forward with your life.

At Gould Cooksey Fennell, we work hard to help our clients get maximum compensation for their losses. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. We will protect your interests and fight to get you every penny that you deserve for your injuries. To learn more or to schedule a free initial consultation with a Vero Beach swimming pool accident lawyer, give our law firm a call at 772-758-9595 or fill out our online contact form.

LP-Car-Accident-Icon-Medical

Detailed Medical Knowledge

LP-Car-Accident-Icon-Tech.

Cutting-Edge Technology

Modern Trial Techniques

FREE CHILD INJURY CONSULTATION

  • No Fee Until We Win
  • $150M+ in Recent Personal Injury Verdicts & Settlements
  • U.S. News & World Report Best Law Firms for 10 Consecutive Years

Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.

PERSONAL INJURY LAW SERVICES

HELPFUL CONTENT

WHY CHOOSE US

OVER 65 YRS OF LEGAL EXPERTISE

$150M+

Recent Personal Injury Verdicts & Settlements

REQUEST A CALL WITH A PERSONAL INJURY LAW PROFESSIONAL

Name(Required)
This field is for validation purposes and should be left unchanged.

* Our attorneys and staff value your privacy and will not share your personal information with any third-party entities.

LegalElite-290x212
Super Lawyers logo
Av Martindale-Hubbel Lawyer Ratings logo
The Florida Bar Board Certified logo
The National Top 100 Trial Lawyer seal
REQUEST A CALL

* Our attorneys and staff value your privacy and will not share your personal information with any third-party entities.