According to the Centers for Disease Control and Prevention, approximately 4,000 people drown every year. A significant number of those drownings occur in swimming pools.
While many consider a swimming pool drowning a simple accident, that doesn’t mean it couldn’t have been prevented. If a loved one drowns in a preventable pool accident, you deserve compensation for your loss.
A pool drowning attorney can determine whether you are eligible to file a claim. They can also calculate how much compensation you are likely to receive.
How a Pool Drowning Lawyer Determines Whether You Have a Strong Claim
Whether swimming in a private or a public pool, the property owner is responsible for ensuring your safety while enjoying the facilities. If the pool or surrounding areas are unsafe, you can file a lawsuit under premises liability laws.
When investigating the circumstances of your case, a pool drowning attorney will look for common negligent acts that cause accidents. Typically, property owners are considered negligent when they:
- Don’t properly maintain the area around a pool
- Allow walkways near a pool to stay wet for long periods
- Don’t properly supervise the use of the swimming pool
- Fail to put a barrier around a pool
- Fail to secure an existing barrier
Typically, drowning incidents occur for one of two reasons. Either someone slips and falls into a pool, or they cannot continue swimming while using the pool.
The former can usually be prevented if the property owner ensures the area around the pool is debris-free and regularly dried. And putting a secure fence around the pool prevents individuals from accidentally falling in when it is not in use.
The second type of accident can occur when a swimmer tires or is injured while in the pool.
Typically, the property owner can prevent this type of accident from resulting in drowning by ensuring that someone is monitoring the pool during use and can respond appropriately in an emergency.
A pool drowning lawyer will examine the property owner’s precautions to prevent these types of accidents. If those precautions were less diligent than they should have been, you could file a drowning lawsuit against the property owner.
Luckily, not all drowning incidents result in death. However, even if your loved one doesn’t die after drowning, they might still suffer long-term and potentially permanent injuries.
When a person drowns, they start to suffer from oxygen deprivation in a matter of moments. The longer they are deprived of oxygen, the more likely they will suffer permanent damage.
The brain, heart, and other organs need constant oxygen supply to function correctly. When they are deprived of that oxygen, even for just a few minutes, the victim can suffer:
- Brain damage
- Respiratory damage, including pneumonia
- Unconsciousness, which may lead to a coma
Any brain damage due to oxygen deprivation will likely result in a permanent loss of functionality. Adults may be able to adapt by receiving the proper therapy. But children are likely to suffer permanent developmental damage.
Pool drowning attorneys are familiar with these types of injuries and know how to detect them. They can also accurately determine how much medical treatment will cost to recover from or adapt to drowning injuries.
An experienced lawyer will help document any injuries and fight to recover damages appropriate to the harm suffered. For children who experienced developmental injuries or adults who may have lost the functionality they needed to make a living, this can potentially lead to millions of dollars in compensation.
Act Quickly After a Drowning Incident
Because the compensation costs for a drowning incident can be so high, you should act quickly if a loved one is injured or dies in a drowning incident. Liable property owners may respond immediately by hiding or destroying evidence of negligence. As a result, your ability to win your case could disappear in just a few days.
Furthermore, Florida has strict statutes of limitations that typically require you to file a lawsuit within two years of any harm. If you wait too long to consult with a lawyer, they may be unable to find evidence or even file a lawsuit on your behalf.
Contact a Pool Drowning Lawyer at the Schrier Law Group
If you or a loved one drowned in a swimming pool in Florida, contact our law firm right away to speak to an attorney about your legal options.