Miami Personal Injury Lawyer Blog
A dramatic rescue occurred off the Miami coast when a helicopter pilot from the Florida Department of Fish and Wildlife Conservation Commission (FWC) intervened to protect swimmers from a suspected drunk boat driver. The incident was covered by NBC Miami, which stated that the individuals were swimming for a charity event. A boater was operating his vessel erratically as he approached the group, with no sign of stopping. The helicopter pilot flew directly in front of the boater, likely saving the swimmers’ lives with his quick action.
The story raises questions about liability, even beyond the fault of the boater. Whether your accident occurred in a public pool, a private property, or a hotel, a review of liability is a critical first step. A Miami swimming accident lawyer can explain how the following concepts apply in your case.
Swimming Accidents and Premises Liability in Miami
Premises liability laws in Florida play a significant role in swimming accident cases. Property owners have a legal duty to ensure their swimming areas are safe for visitors. This includes regular maintenance, proper signage, secure fencing, and supervision when necessary. In Miami, if a pool owner fails to uphold these safety standards and an injury occurs, they may be held liable.
Potential Parties Liable in Swimming Accident Cases
When it comes to determining liability, multiple parties may be responsible for a swimming accident in Miami. The property owner is the most obvious potential defendant, such as hotels, apartment management companies, theme park operators, and recreational facilities. Other possible liable parties include manufacturers of defective pool equipment or even lifeguards who may have been negligent in their duties.
Plus, as in the case of the recent incident involving the FWC helicopter pilot, the promoter or organizer of the charity event might be liable. The organization has a duty to hold its event in safe conditions, and it could be considered a breach of duty to put participants at risk.
Damages for Victims of Swimming Accidents in Florida: If you are injured in a swimming accident in Miami, Florida, law allows you to pursue compensation for various types of damages. Victims may be entitled to recover:
- Medical Expenses: Covering the costs of emergency treatment, surgery, hospital stays, and ongoing medical care.
- Lost Wages: Reimbursement for income lost due to time away from work while recovering from injuries.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and trauma caused by the accident. These damages cover how your injuries diminish your quality of life.
- Rehabilitation Costs: Financial help for therapy, physical rehabilitation, and long-term medical needs.
Trust a Miami Swimming Accidents Attorney for Legal Help
Under these theories of liability, you might be entitled to compensation after a swimming accident. Our experienced attorneys at Gerson & Schwartz, PA, are here to help with the legal process, so please contact us. You can call (305) 371-6000 or go online to schedule a free consultation. Our team is ready to discuss your case and help you understand your legal rights.
