With the exception of California, Florida is home to more swimming pools than any other state. Given Florida’s warm climate, this is no surprise. And although swimming pools are great for beating the Florida heat, they can also be quite dangerous. In fact, people are injured every day in swimming pool accidents. Sadly, many of these injuries are the result of negligent behavior on the part of pool owners. Luckily, if you or a loved one have been involved in a swimming pool accident in Florida, you can sue the responsible party to obtain financial compensation for your injuries. In this article, we discuss swimming pool injury lawsuits.
Deadline to File a Swimming Pool Injury Lawsuit in Florida
Following a swimming pool accident in Florida, you have four years from the date of the accident to file a lawsuit. In addition, if your loved one was killed as a result of an injury suffered in a swimming pool accident, you have two years to file a wrongful death lawsuit against the responsible party. The court will dismiss any case filed outside of these deadlines. Therefore, if you or a loved one have been involved in a swimming pool accident, you should contact a Florida personal injury attorney immediately to ensure you meet the filing deadline.
Determining Liability in a Swimming Pool Injury Case
In Florida, liability in a swimming pool injury lawsuit is determined based on the status of the person who was hurt in the accident. For purposes of determining liability, a person may be classified under one of the following categories:
- Invitee: An invitee is someone who uses a public pool. Of these three categories, invitees are owed the greatest duty of care by pool owners. The owners of public pools are required to take several steps to ensure that invitees aren’t injured while swimming.
- Licensee: A licensee is someone who has permission to use a homeowner’s private pool. Homeowners are required to warn licensees of any hazards associated with the pool that aren’t obvious.
- Trespasser: A trespasser is someone who uses a pool without the property owner’s permission. With limited exceptions, a pool owner owes no duty of care to a trespasser on his or her property.
Injured? Contact a Personal Injury Attorney Today
If you or a loved one have been injured in a swimming pool accident in Florida, you need an experienced Florida personal injury attorney in your corner. Located in Pensacola, Florida, Staples, Ellis + Associates, P.A., our experienced attorneys represent swimming pool accident victims in Northwest Florida and Escambia, Santa Rosa, Okaloosa, and Walton Counties. In addition, we handle all personal injury cases on a contingency fee basis, so you owe us nothing unless we recover damages for you. Please contact our office today to schedule a consultation with one of our talented personal injury attorneys.
Posted in: Premises Liability