With swimming pools staying open year-round in Florida, swimming—or at least lounging by the pool—is a popular pastime for residents and visitors alike. Florida reportedly has more swimming pools than any other state in the country, and it’s not hard to see why.
Unfortunately, while swimming can be enjoyable and great exercise, it can also be dangerous. Every year, we hear stories of families who are grieving the loss of loved ones in fatal swimming pool accidents. If you are mourning the loss of a loved one, it is essential that you have a clear understanding of your family’s legal rights and that you seek help from an experienced lawyer who can fight for justice on your family’s behalf.
Understanding the Causes of Fatal Swimming Pool Accidents
Fatal swimming pool accidents happen for a variety of reasons. The vast majority of them have nothing to do with victims’ swimming ability or their efforts to prioritize their safety. This is critical to keep in mind.
Seeking justice for a fatal swimming pool accident usually means dealing with the liable party’s insurance company (we discuss the parties that can be held liable for fatal accidents below). Sadly, in many cases, the insurance companies try to avoid liability by blaming victims. If the insurance companies try to blame your loved one for what happened, you should not accept this. Instead, you should hire an experienced lawyer to fight back and use the available evidence to prove what happened and who (or what company) is truly to blame.
When you hire a lawyer to represent your family, your family’s lawyer will investigate the circumstances surrounding your loved one’s death to determine what evidence is available. Your lawyer will then use this evidence to determine the precise cause of the fatal accident. Some examples of potential causes of fatal swimming pool accidents in Florida include:
Swimming Pool Construction Defects
Construction defects are alarmingly common, including those in swimming pools. From cracked and slippery pool decks to dangerous filtration systems, numerous issues resulting from improper construction can make swimming pools hazardous for people of all ages.
Inadequate Swimming Pool Maintenance
Inadequate swimming pool maintenance is a significant concern as well. If a swimming pool isn’t being properly maintained, this can create hazards including (but not limited to):
- Slippery and unsafe pool decks
- Dangerous water chemistry
- Leaves and debris that obscure swimmers below the surface
All of these hazards have the potential to cause fatal accidents, from slipping and falling into the water while unconscious to being unable to get to the surface to breathe; fatal maintenance-related swimming pool accidents are far too common.
Inadequate Supervision
Inadequate supervision is another major issue that often plays a role in fatal swimming pool accidents—especially those involving children. If a swimming pool is not adequately supervised, no one will know if a swimmer is distressed. In many cases, getting a swimmer out of the water and administering necessary emergency medical care can prevent swimming-related fatalities. But, if no one is supervising, this is not an option. This is why adequate supervision is so critical and why pool owners who fail to provide adequate supervision can often be held accountable.
Inadequate Access Restrictions or Warnings
Along with inadequate supervision, inadequate access restrictions and warnings can also lead to fatal swimming pool accidents that could—and should—have been prevented. Gates, locks, and warning signs are all highly effective tools for controlling access to unsupervised pools and informing swimmers about risks that might not be obvious to the average person. Similar to failing to provide adequate supervision, failing to implement adequate access restrictions and warnings can also warrant claims for accountability.
Failure to Comply with the Law
Many fatal swimming pool accidents result from owners’ failure to comply with the law. State laws and local ordinances establish various legal requirements for swimming pools in Florida. These include legal requirements about gates, swimming pool depths, the slope angle of swimming pool bottoms, and safety equipment. When swimming pool owners fail to comply with safety-related legal requirements, this is classified as “negligence per se,” and it can provide clear grounds for grieving family members to seek financial compensation for their loved one’s untimely death.
Understanding Liability for Fatal Swimming Pool Accidents
When you are coping with the loss of a loved one in a fatal swimming pool accident, determining the cause of the accident is one of the first steps toward asserting your family’s legal rights. One next step is deciding who (or what company) is responsible.
There are many different types of pool owners in Florida. In some cases, other entities can also be held liable for fatal swimming pool accidents. Depending on the circumstances surrounding your loved one’s untimely death, seeking justice may involve filing a claim against one (or more) of the following parties:
- Residential Pool Owner – Residential pool owners must meet all legal safety requirements for their swimming pools. If they fail to do so, they (and their insurers) can be held accountable under Florida law.
- Homeowners’ Association – Homeowners’ associations can be held liable for fatal accidents at their community swimming pools. Inadequate maintenance and various other issues can give rise to claims against homeowners’ associations in cases of wrongful death.
- Apartment or Condo Complex—Apartment and condominium complexes can also be held liable for failing to adequately maintain their pools. Inadequate supervision, inadequate access restrictions, and inadequate warnings also serve as potential grounds for grieving families to seek just compensation.
- Hotel, Motel, or Resort—Many hotels, motels, and resorts in Florida have swimming pools—and many of them are completely unsupervised. While this does not necessarily warrant a claim for liability on its own, inadequate warnings, access restrictions, maintenance, and other similar issues can provide clear grounds for liability.
- School or Community Organization – Schools and community organizations with swimming pools can face liability on similar grounds. Hiring a lawyer to investigate as soon as possible will help ensure that your family has the evidence to prove liability.
- Gym or Fitness Center – Similar to hotels, motels, and resorts, gyms and fitness centers are commercial businesses that owe clear care duties to their customers and guests. When they breach these duties, they can—and should—be held fully accountable.
- Pool Construction Contractor – As we said above, pool construction defects are far more common than they should be. If your loved one’s death was the result of a pool construction defect, the contractor that built the pool may be liable for your family’s loss under Florida law.
- Pool Maintenance Company—Many pool owners hire maintenance companies rather than performing maintenance themselves. While this does not necessarily excuse pool owners from liability for inadequate maintenance, it can give grieving families claims against maintenance contractors who are responsible for negligent work as well.
Even these are just examples. Additionally, as discussed above, in most circumstances, filing a claim for a fatal swimming pool accident involves dealing with the liable party’s insurance company. Homeowner’s and commercial general liability (CGL) insurance policies cover swimming pool accidents. At Silva & Silva, we have extensive experience dealing with a wide range of insurers on behalf of our clients.
Understanding the Losses Grieving Families Can Seek to Recover
In all types of wrongful death cases, holding the at-fault party (or parties) accountable involves seeking financial compensation for the financial and non-financial costs of losing a loved one too soon. Under Florida law, the damages available to grieving families in wrongful death cases include compensation for:
- Any medical expenses the victim incurred before death
- Out-of-pocket costs for funeral, burial, cremation, and other expenses
- Mental pain and suffering
- Loss of companionship
- Loss of protection
- Loss of services and support
- Loss of future earnings and lost accumulation of value of the victim’s estate
While it can be difficult to place any dollar value on losing a loved one too soon, seeking justice for your loved one’s death is essential. It will help ensure that the at-fault party (or parties) don’t make the same mistake again, and it will help ensure that your family has the financial resources it needs for the future.
5 Important Steps to Take After a Fatal Swimming Pool Accident in Florida
With all of this in mind, what should you do if you have lost a loved one in a fatal swimming pool accident in Florida? Here are five essential steps to take in this scenario:
1. Hire a Lawyer to Conduct a Thorough Investigation
One of your priorities should be to hire a lawyer to conduct a thorough investigation. This is an essential step in the process, as preserving the available evidence before it disappears is critical. Your family’s lawyer will be able to send an investigator to the swimming pool where the fatal accident happened and gather evidence through various other means.
2. Work with Your Family’s Lawyer to Determine What Claim(s) to File
The available evidence will determine what claim (or claims) your family can file, but your family’s lawyer may need to rely on any information you can provide. While we know it can be difficult, working with your family’s lawyer to piece together the events leading up to your loved one’s untimely death is an essential step in the process as well.
3. Work with Your Family’s Lawyer to Calculate the Damages Your Family is Entitled to Recover
If your family has grounds to pursue a wrongful death claim, then one of the following steps will be to calculate the damages your family is entitled to recover. Here, too, working closely with your family’s lawyer is essential, as your family’s lawyer will need to have a clear and comprehensive understanding of the profound effects of your loved one’s untimely passing.
4. Prioritize Your Mental Health
While taking action to protect your family’s legal rights is essential, it is also necessary to prioritize your mental health. You are dealing with a tough situation that most people cannot imagine. As a result, ensuring you get the care you need is important.
5. Make Sure the Insurance Companies Don’t Take Advantage of You and Your Family
Finally, you must also ensure the insurance companies don’t take advantage of you and your family. Unfortunately, this is a very real possibility. By hiring an experienced lawyer to deal with the insurance companies on your family’s behalf, you can help ensure that your family has the best chance of holding the at-fault party (or parties) accountable.
Contact Silva & Silva for a Free, No-Obligation Consultation Today
If you need to know more about filing a wrongful death claim after a fatal swimming pool accident in Florida, we offer our sincere condolences, and we strongly encourage you to get in touch. To speak with an experienced lawyer at Silva & Silva about your family’s legal rights for free, call 305-445-0011 or tell us how we can reach you online today.