Florida Swimming Pools

Swimming pool drownings and accidents are, tragically, a common occurrence. What begins as a relaxing day in the swimming pool with friends and family can quickly turn into a tragedy. In a few seconds a memorable outing can suddenly become a nightmare. An Experienced Florida Personal Injury Lawyer in this field will advance the costs and expenses necessary to successfully litigate these cases.

Swimming Pool Drowning Statistics

The U.S. Consumer Product Safety Commission (CPSC) reports that approximately 500 children under 5 years of age are the victims of swimming pool drownings each year. Another 3,000 children are treated in hospital emergency rooms each year for injuries associated with near-drownings. Swimming pool drownings are the second leading cause of death in the United States for that age group (after auto accidents. Of all preschoolers who are victims of a swimming pool drowning, 70 percent are in the care of one or both parents at the time of drowning and 75 percent are missing from sight for five minutes or less. A knowledgeable Florida Personal Injury Attorney in the Swimming Pool Claims subject will assist you to successfully litigate these cases.

Near-Drownings And Other Injuries

Near-drownings can result in devastating consequences for the victim. For children that survive a near-drowning, 5 percent to 20 percent suffer severe and permanent neurological disabilities since brain damage (hypoxia) generally occurs after four minutes of submersion. These life altering injuries may require a variety of medical expenses, such as surgeries, medications, and visits to specialists. In many cases the victim requires life-time medical care and assisted-living. A skilled Florida Attorney in the Swimming Pool Claims area will fight for you.

Other common injuries associated with swimming pools are diving accidents, slip and falls, and injuries from pool chemicals.

• Diving accidents account for over ten percent of the approximately 10,000 spinal injuries incurred in the United States every year. Nearly 13,000 people annually incur diving related injuries serious enough to require hospitalization. Defective products such as diving boards, lack of maintenance, negligent supervision, and lack of warning signs are common issues in determining liability.
• Wet pool decks are slippery and many people are injured after a slip and fall in these areas. Negligent supervision and the lack of warning signs are frequent liability issues.
• Pool chemicals are necessary for clean pool water, but they are also hazardous if improperly used and can severely injure a swimmer. Negligence of the pool owner or operator is the most common basis for liability.

Damage awards in a swimming pool accident claim are intended to help restore the victim physically, emotionally, mentally, and financially. In the case of a swimming pool drowning, a claim for damages is filed by the surviving beneficiaries of the victim as a wrongful death action. A professional Florida Personal Injury Attorney in this field will advance the costs and expenses necessary to successfully take legal action for you.

In general there are two main types of damages: 1) Punitive damages are intended to punish the defendant for his or her bad conduct and to act as a deterrent to prevent the defendant and others from acting the same way. 2) Compensatory or actual damages are intended to cover all the expenses caused by a swimming pool drowning or accident. Actual damage awards can include the following:

• Medical expenses. Includes bills and expenses for medication, amublance fees and services from doctors, hospitals, health care providers, related to your swimming pool accident. In the case of a swimming pool drowning, if the victim had medical expenses before dying they can be awarded to the victim's survivors.
• Funeral expenses. Costs associated with the victim's funeral and burial in a swimming pool drowning.
• Pain and suffering. This is an award to compensate the victim for past and future physical pain caused by the swimming pool accident. In a swimming pool drowning an award can be made to the victim's survivors for the pain and suffering caused by the victim's death.
• Lost inheritance. In a swimming pool drowning, the survivors of the victim may be awarded the value of a prospective inheritance the victim would have received if he or she had lived.
• Lost wages. In a swimming pool accident, this award represents the amount of money the victim would have earned from the time of the injury to the final judgment or settlement. Anticipated lost earnings and lost work benefits can also be awarded to the victim's survivors in the case of a swimming pool drowning.
• Lost earning capacity. If the injuries from a swimming pool accident have impaired the victim's ability to earn money in the future, compensation can be awarded for that loss.
• Future medical expenses. This applies to continued medical care needed as a result of a swimming pool accident or near-drowning.
• Loss of consortium. These damages apply to the loss of assistance and companionship of the spouse. Usually the spouse of the injured person makes a claim for these damages and in some cases the injured spouse will make a claim also. Parents may also recover these damages when their child is injured in a swimming pool accident and the injuries interfere with their normal family relationships.
• Loss of society and companionship. This generally occurs in wrongful death cases when the immediate family members of the victim of a swimming pool drowning make a claim for the loss of love, comfort, and companionship they would have enjoyed if the person had survived the accident.