swimming pool injuries

Published on: July 18, 2023

Legal Liability for Florida Swimming Pool Accidents

Fort Myers Florida swimming pool accidents Here in South Florida, swimming pools are a way of life. Unfortunately, they can also be the cause of death and serious injury. Florida swimming pool accidents result in hundreds of drownings each year – many of them children.

While pools can be a ton of fun, understanding the inherent dangers can go a long way toward keeping pool-goers alert, particularly when kids or other vulnerable populations are in close proximity.

Residential pools – of which there are well over 1.1 million in Florida – are the site of 60 percent of all drownings in the Sunshine State. Still, resorts, water parks, hotels, apartment complexes, and condo associations are common sites as well. Individuals and entities can be held legally liable for drownings or other injuries if there is evidence they failed to provide proper maintenance, signage, security/fencing, or supervision.

Kids under 5 are at the highest risk of drowning deaths. It doesn’t take more than a minute or two. The vast majority of young kids who drown in Florida are out of sight for no more than 5 minutes – and 70 percent of those weren’t expected to be anywhere near a pool at the time it happened.

In addition to drowning, other types of Florida swimming pool accidents include: Continue reading

Published on: April 29, 2022

Do Homeowners’ Insurance Policies Cover Florida Swimming Pool Injuries?

by Leland Garvin

Florida swimming pool injury Home swimming pools are nearly as common in Florida as alligators (1.2 million versus 1.3 million). Interestingly swimming pools are actually much more dangerous. Florida swimming pool injuries and deaths over the last 20 years far exceeded those caused by alligator attacks. In fact, drowning is the No. 1 cause of death for children under 4, and Florida consistently reports more swimming pool drowning deaths than anywhere else in the nation.

As our Cape Coral injury lawyers can explain, homeowners’ insurance policies often DO cover damages arising from swimming pool injuries. However, that doesn’t mean claims will be easy or straightforward. At the very least, having a knowledgeable injury attorney review the details of the policy can be helpful. Where serious injuries are involved, you don’t want to take your chances trying to negotiate with an insurance company on your own; as we often tell clients, if insurance companies always did the right thing we would be out of a job. These days insurance companies are much more concerned about making a profit for their shareholders than they are concerned about taking care of their policy holders who face lawsuits after a serious injury on their property.

Examples of swimming pool injuries include:

Traumatic brain injury. TBI occurs when there is blunt force trauma to the head. In and around swimming pools, TBI typically is the result of falling. Misjudging a dive, running on wet tile, and horseplay are catalysts for falls that can result in a TBI.
Electrocution. Electricity and water is a dangerous combo, but there are often many electrical devices near Florida pools. Many devices manufactured these days are designed to be water-resistant with little chance of water contact resulting in a shock. However, pool lights and other equipment – particularly in older pools – have been associated with electrocution dangers in swimming pools. Faulty wiring or defective lighting equipment can cause electrical currents to surge through the water, posing a very dangerous situation for swimmers.
Spinal cord injuries. Spinal cord injuries can occur in and around swimming pools most often in diving accidents. They can also be caused in slip-and-fall incidents.
Drowning. Drowning is one of the most common – and serious – accidents that can occur in swimming pools. Young children are most often the victims, though adults aren’t immune either. Drowning can occur when pools are not sufficiently secure to prevent kids young enough to swim from entering. Drowning can also befall a strong swimmer if there are electrical currents in the water.

Published on: February 11, 2020

Tourist Injury Lawsuits Against Theme Park Possible After Electric Shocks at Water Attraction

by Leland Garvin

Fort Myers tourist injury lawyer Federal job site safety regulators declined to fine an Orlando water park after closing an investigation into a series of electric shocks sustained by guests and workers earlier this year, but personal injury lawsuits could still be filed if any guests were hurt. Five lifeguards were reportedly hospitalized and several visitors were shocked, but media reports do not indicate anyone suffered a serious or lasting injury.

Florida theme parks are a significant draw in the Sunshine State, and owners/operators owe their guests a substantial duty of care to ensure they are not faced with unreasonable danger.

In this case, guests and lifeguards at Universal Studios’ Volcano Bay water park reported feeling the shocks – in the water and on the wet pavement near it – for hours before the park shut down.

The Occupational Safety and Health Administration (OSHA) concluded the danger arose from a grounding rod that was mistakenly driven through an electrical conduit way back when the park was being constructed. This led to damage to the electrical wiring, resulting in an electrical current being fed through the ground – ultimately reaching water and wet ground surfaces. Electrical readings on the sidewalk’s edge of the water measured between 20 and 30 volts of electricity.

Even 2nd graders know water-plus-electricity is a dangerous combination. This can be true even at relatively low voltage. As explained by The Ohio State University’s Department of Physics, the body’s actual resistance to an electric shock depends on the point of contact (where on the body it happens) and the condition of the skin (whether it’s wet or dry). That is why a 75-volt shock can be just as deadly as a 750-volt shock. Continue reading

Published on: June 11, 2019

Drowning Lawsuits in Southwest Florida

by Leland Garvin

More than 3 classrooms of children drown every year in Florida.

It’s a sobering reminder of the dangers posed by the water around us, particularly when it comes to small children. Whether visiting the ocean, a local water park or a backyard swimming pool, South Florida is one of the nation’s most dangerous locations for drowning. With more than 1 million swimming pools, Florida has a long history of litigation when it comes to claims involving drowning or near-drowning incidents. swimming-pool-1224450-300x225

Fort Myers injury attorneys know small children face the highest risks. Drowning is the leading cause of accidental death for children younger than 4. Hundreds of others suffer near-drowning injuries each summer, which can result in permanent disability, including memory problems and learning disabilities.

While residents and guests face year around risks in Florida, the period between Memorial Day and Labor Day offers the warmest waters and therefore sees the most boating and drowning accidents.