Swimming Pool Accidents: Who is Liable?
Miami has more than one thousand swimming pools, when you add up public pools and aquatic facilities, as well as swimming pools at schools and in private businesses like motels. Furthermore, thousands of residents have their own swimming pools.
Swimming pool accidents can lead to life-altering injuries, including permanent brain damage or paralysis. Contact Pita Weber Del Prado if you or a beloved family member was hurt in a pool accident.
When Can You Sue for a Swimming Pool Accident?
Most accidents stem from owner negligence, so accident victims usually bring a premises liability claim. Essentially, you argue the property owner owed you a duty of care but fell short. These claims are strongest when you are invited onto the premises to swim, such as by renting a room in a hotel which has a swimming pool.
Property owners must use reasonable care to protect visitors from pool hazards. They should:
- Fix or warn of slip and fall hazards. Swimming pools are watery environments, so there’s a chance anyone could slip. But the property owner could let other hazards increase the risk of slip and falling. Cracked tiles, algae growth, and poor drainage can all contribute to slip and falls. In a fall, a swimmer can strike their head and possibly land in the water.
- Provide adequate warnings. A pool owner needs to include information that swimmers and divers will find useful. For example, the pool should be labeled to tell you which is the deep end, otherwise a diver could strike the bottom of the pool.
- Protect children. Pool owners must take steps to keep children from accessing the pool. The risk is that young children who cannot swim will fall into the pool and drown. Pool owners should take certain steps to keep children out, which might include installing a fence or other barrier around the pool. Other options include alarms if the door is opened.
- Replace defective equipment. A swimmer could be injured by a defective slide or diving board. Recently, a manufacturer recalled drain covers that posed an unacceptable risk to swimmers. You might bring a lawsuit for any injury caused by pool defects.
Pool injuries are serious. Drowning is an obvious risk. But even near-drowning accidents can leave someone with life-changing anoxic brain injuries. When the brain is deprived of oxygen, cells can die and do not regrow, leading to permanent brain impairment. Other injuries include concussions, back injuries, spinal column injuries, and fractures.
Call our office to discuss whether you can file a legal claim. The process will differ depending on who owns the pool. For example, Florida victims need to take additional steps if they are hurt in a public pool.
Hire a Miami Premises Liability Accident Lawyer
Swimming pool injuries require expensive, immediate medical care, including possibly artificial respiration or time in the intensive care unit. This type of hospital care is expensive. Call our office to discuss whether you can seek compensation for lost income, pain and suffering, and other damages. A Miami premises liability accident attorney is ready to take your call.
Source:
cpsc.gov/Recalls/2026/TopHomer-Pool-Drain-Covers-Recalled-Due-to-Risk-of-Serious-Injury-or-Death-from-Entrapment-and-Drowning-Hazards-Violation-of-the-Virginia-Graeme-Baker-Pool-and-Spa-Safety-Act-Sold-on-Amazon-by-TopHomerUS
