Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned.
A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.
Defective Pool Equipment in Swimming Pool Accidents
There are countless components to both in-ground and above-ground pools, and any of them could cause serious injury to a victim if defective. One detail that may be uncovered by the investigation into the recent drowning accident is the pool’s drainage system. A single-drain pool incorporates powerful pumps that may create so-called “suction entrapment.” Basically, the pump draws in any physical object and spins it into a vortex. An adult’s hand or foot could be sucked in, and some equipment is strong enough to capture a small child’s entire body. The victim is held underwater, leading to drowning.
Other defects in pool-related equipment may include:
- Pool ladders with loose or shaky rungs;
- A water slide with a shallow lip;
- Pool safety covers that can trap a person who slips underneath;
- Lighting that can lead to electrocution; and,
- Many more.
Holding Manufacturers Accountable for Defective Products
Many personal injury cases are based upon negligence, but there is another option for liability when a defective product causes injury or death. With a strict liability case, you do not need to show that the manufacturer was at fault in producing a dangerous item. Instead, a victim must prove that the product was unreasonably hazardous because of the flaw, and that this was the direct cause of the injuries.
There are three types of defects that could be to blame when it comes to swimming pool accidents:
- Design flaws, which involve mistakes in developing the product’s blueprint;
- Manufacturing errors that only impact certain lots of a product; and,
- Labeling errors, which usually involve a failure to warn of the product’s inherent dangers.
Our Miami Swimming Pool Accidents Lawyers Will Assist With Your Claim
To learn more about your rights and remedies, please contact Gerson & Schwartz, PA to speak to a swimming pool accidents attorney. We can set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL to discuss details and next steps.