Many Floridians enjoy backyard or public swimming pools year-round, and many apartment and condominium complexes feature retention ponds. Although these attractions can be fun, they can also be deadly. Drowning is the number one cause of death for children one to four. For every accidental drowning death, five more children require medical attention for near drowning and its catastrophic consequences.
What duty do homeowners with pools, apartment complex owners, hotels, resorts and other business owners with on-premises retention ponds owe to others? The laws are precise but differ depending on why someone is on the property. As an experienced attorney can explain, a property owner who fails to comply with them may be responsible for accidental drownings or debilitating injuries. If you were injured or lost a loved one in a swimming pool incident, a Jacksonville drowning accident lawyer at the Daniels Law Firm will work to get the compensation you deserve for your losses.
In legal terms, visitors on others’ property are either trespassers, licensees, or invitees.
Property owners do not owe a duty to adult trespassers except to refrain from intentionally harming them. However, landowners do owe a duty to child trespassers. Children’s brains generally do not recognize the danger of the many exciting things around them, like swimming pools or ponds. Under the attractive nuisance theory, a swimming pool is a hazard that could attract children, putting them in danger of injury or death. When property owners fail to safely secure a pool from trespassing children, they could be liable for any resulting injuries.
Many people pay to swim in public pools, meaning they are on the premises to benefit the owner. These visitors are invitees with the highest protection level under premises liability law. Owners must fix or warn about dangers that may not be obvious to visitors.
Licensees are social visitors, such as those attending a private pool party. Owners must warn licensees about dangers visitors may not know about. A Jacksonville attorney at our firm can further explain the premises liability rules that may apply in your drowning accident case.
Florida Residential Swimming Pool Safety Act is comprised of several statutes that pool owners must abide by or face criminal charges. These charges can be the basis of a civil lawsuit if a visitor is harmed or drowns because an unsupervised pool is not surrounded by fencing. Pool areas should also be covered or locked or feature an alarm. However, these statutes do not apply to other water found on a property, such as retention ponds. After a drowning accident in Jacksonville, you should discuss your legal rights with an attorney who knows the relevant statutes.
Loss of oxygen while underwater for several minutes starves the brain, causing catastrophic and often permanent brain damage. Near-drowning victims may suffer the following:
Many children who are hospitalized after nearly drowning experience neurological damage. These critical injuries last a lifetime. Property owners who are proven negligent should be held liable for compensating victims or their families. Our Jacksonville drowning accident lawyer will review your case and discuss your options.
In a successful drowning accident claim, an injured person or their family could recoup compensation for medical care, lost wages, emotional trauma, and other losses. When an incident is fatal, the victim’s family members are also entitled to collect compensation for final expenses and emotional distress. Failing to follow safety procedures for a backyard pool or failing to warn visitors about hazards could be grounds for a negligence lawsuit under a theory of premises liability.
It only takes a moment for a day of swimming to turn catastrophic. Accidents happen if a negligent property owner fails to lock a pool gate, set an alarm, or warn visitors about hazards on the premises. Near drownings are catastrophic for survivors and their families, and fatal accidents are even more devastating.
Call us if you or a family member were affected by a water-related accident on someone else’s property. A Jacksonville drowning accident lawyer at our firm will advocate tirelessly for the compensation you deserve. Call the Daniels Law Firm today to get started on your case.
Millicent Daniels the Peoples Attorney
