The highlight of many resort vacations in Florida is the vast array of water features, including pools, slides, splash pads, surfing simulators, and hot tubs. However, many of these fun-filled amenities can lead to tragedy when pool accidents and drownings occur. Sadly, data reported by the National Safety Council (NSC) indicates that children are most affected by these incidents. More children aged infant to 4 years old die from drowning than any other cause of death. Plus, around 6,400 children under the age of 15 are treated in hospital ERs for pool injuries every year.
For victims of all ages, it is a comfort to know that Florida personal injury laws hold careless resorts accountable for accidents involving pools, spas, and water attractions. To ensure a smooth process, it is wise to work with a Miami resort accident lawyer with experience pursuing these businesses. Some background about your rights is also useful.
Legal Claims for Pool Accidents
Though carelessness and even recklessness may be the cause of such accidents, the legal term is negligence. This theory of liability requires you to prove that the accident occurred because the resort failed to exercise reasonable care, specifically to ensure the safety of guests. Some examples of negligence by resorts include:
- Neglecting to repair broken ladders, slides, staircases, and flooring;
- Improperly installing pool equipment that causes suction and can trap swimmers underwater;
- Failing to properly staff the water attraction with lifeguards and other qualified employees; and,
- Not testing the water for parasites, bacteria, and other toxins.
Damages for Victims of Pool Accidents
If you were injured in a near-drowning or other type of pool accident, you may be entitled to damages based on your losses. You can recover medical costs, lost wages, and out-of-pocket expenses as economic damages. Plus, non-economic damages are available for pain and suffering, emotional distress, and other losses that affect your quality of life.
If you lost a loved one in a drowning, survivors have options via a Florida wrongful death case. Family members can recover damages for loss of support, education, love, guidance, and other contributions the deceased person would have provided.
How to File a Case Against a Florida Resort
With help from your lawyer, you will start the legal process by filing a claim with the resort. In a typical case, you will be dealing with an insurance company that provides liability coverage for the resort. It is often possible to settle the claim, but insurers are often unwilling to pay fairly. In such a case, you will need to file a lawsuit in court against the resort.
Discuss Options With a Miami Resort Accidents Attorney
It is a relief to know that you have rights if you or a loved one was a victim of a pool accident or drowning at a Florida resort. To learn more about the legal process, please contact Gerson & Schwartz, PA, at our offices in Miami, Fort Lauderdale, or West Palm Beach. You can set up a no-cost case review by calling (305) 371-6000 or visiting us online.