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Tampa Injury Lawyer > Blog > Personal Injury > Were You Injured in a Swimming Pool Accident? Learn More About Your Legal Rights

Were You Injured in a Swimming Pool Accident? Learn More About Your Legal Rights

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Backyard and commercial swimming pools are a common sight across the Sunshine State. This is no surprise as Florida offers some of the country’s best conditions for swimming. While swimming can obviously be both fun and refreshing, it is also important to recognize the inherent risks that come with being in and around a pool. To counteract these risks, pool owners, whether commercial or residential, must take proper precautions to protect the safety of others. The failure to do so can result in very serious injuries and even death. In the unfortunate event that you or your child has been involved in a swimming pool accident, you need to contact an experienced Tampa premises liability attorney immediately.

Florida Swimming Pool Safety Laws

In the state of Florida, all property owners have a general legal duty to keep their premises in a reasonably safe condition. This responsibility arises under the common law. If an injury occurs on the property of a business or residential homeowner, and it is determined that the presence of an unreasonable safety hazard caused the injury, the property owner can be held liable for any resulting damages. In addition to this general duty, swimming pool owners and operators are held to even higher safety standards. This is because swimming pools have the potential to be uniquely dangerous. The state of Florida has imposed the following additional legal obligations on swimming pool owners and operators:

  • State law (residential): The Residential Swimming Pool Safety Act applies to all non-commercial pools. Under this statute, residential pools must have certain safety features, including proper fencing, a secure gate and a pool safety cover.

  • State law (commercial): Florida puts heightened obligations on commercial pool owners and operators. These pools must have even more safety features, including lifeguards.

  • Local ordinances: Finally, many jurisdictions have adopted their own local laws to ensure greater pool safety. These ordinances vary by location. For reference, here are the pool safety regulations for the city of Tampa Bay.

Compensation Available for Swimming Pool Accident Victims

If a pool owner, whether commercial or residential, fails to live up to the laws, and you are injured as a result, you can hold that party liable for the full value of your losses. Depending on the specific nature of your case, our firm may be able to help you seek compensation for any of the following:

  • All of your hospital expenses, including emergency room fees;
  • Costs for rehabilitation and physical therapy;
  • Long-term disability;
  • Pain and suffering;
  • Lost income, including diminished earning capacity;
  • Disfigurement and loss of life enjoyment; and
  • In the case of drowning accidents, wrongful death damages.

Contact Our Team Today

At The Pawlowski//Mastrilli Law Group, our Tampa premises liability attorneys have extensive experience handling swimming pool accident claims. If you or a your child was injured in a swimming pool accident, please call our office today at 813-242-4404 to request a free review of your case. We take all personal injury cases on a contingency fee basis, meaning that there is no fee for our service unless we help you obtain compensation.

Resources:

municode.com/library/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE_ARTVISURE_DIV7MIST_S27-290.3SWPO

floridahealth.gov/environmental-health/swimming-pools/_documents/64E-9_FAC_Draft_Rev7_no_strike.pdf

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