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Swimming Pool Accident Lawyer

Swimming is a popular pastime. According to the Centers for Disease Control and Prevention (CDC), it’s the fourth most popular recreational activity in the U.S. and the most popular activity for kids and teens between the ages of 7 and 17. Though fun, swimming can be dangerous. Besides drowning, there are a number of injuries that can occur in and around swimming pools. Not only can injuries happen in public and private pools, but portable pools, wave pools, and water parks as well.

If you or a loved one was injured at a swimming pool, you may be able to file a lawsuit for compensation for your injuries and damages.

Whether your injury occurred at a private pool or a public one, you should schedule a free consultation with the swimming pool accident lawyers at Heintz Law.

Common Causes of Swimming Pool Accidents

Most swimming pool accidents are the property owner or manager's fault, especially when they fail to maintain their pool to the standards required by Florida law. In some cases, the swimmer or their guardian may be at fault. As a swimmer, not putting yourself at risk will make it easier to prove the property owner or manager is at fault.

As personal injury attorneys, we often see swimming pool accidents occur as a result of:

  • Improper barriers. A fence or other barrier around a pool reduces the risk of accidental drowning, especially in children.
  • Poor swimming ability. If you don’t know how to swim, you probably shouldn’t be near a pool.
  • The location of the pool. This is mostly a problem in residential settings. If it’s easy for a child to get near a pool, they could fall in and drown.
  • Poor supervision. Inadequately trained lifeguards or pool attendants may not possess the skills to save a life. Even children using kiddie pools can drown in a few inches of water if they aren’t supervised.
  • Alcohol use. Alcohol affects your judgment and coordination. Many pools and water parks prohibit alcohol for this exact reason.
  • Poor pool maintenance. Things like cracked tile, broken glass, rickety decks, and improper use of pool chemicals could cause serious injuries and are up to the property owner or manager to maintain.
  • Defective products. Defective drains, slides, ladders, and diving boards can malfunction and hurt someone.

Swimming Pool Accident Statistics

Drowning is the most common swimming pool accident in the U.S. and is more common in children than adults.

According to the CDC, drowning is the number one cause of unintentional death in children ages 1 to 4. Children under 5 years old account for 76 percent of drownings every year.

The majority of drownings in children under 15 occurred in private or residential pools. Portable, or kiddie pools, are dangerous as well. Nine percent of pediatric deaths happened in portable pools.

Adults and children who survive drowning can face numerous medical complications that cost thousands of dollars to treat. That is why you should contact a personal injury attorney to help get your family the compensation they need.

Swimming Pool Accident Injuries

Swimming Pool Accidents

Swimming pools are places of fun and relaxation, but unfortunately, they can also be the site of serious accidents and injuries. At Heintz Law, our experienced swimming pool accident lawyers have seen firsthand the devastating consequences that can result from pool-related incidents.

Here are some common swimming pool accident injuries:

  • Slip and fall injuries
  • Broken bones
  • Broken teeth
  • Organ damage/bleeding
  • Injuries by sharp objects requiring amputation of digits or limbs (glass, broken tile, metal shards, etc.)
  • Cuts, scrapes, or bruises
  • Electrocution
  • Spinal cord injuries
  • Chemical burns (exposure to pool chemicals, chlorine, etc.)
  • Infections resulting in loss of vision and/or hearing
  • Entrapment injuries (suction from drains)
  • TBI (traumatic brain injury)
  • Wrongful death

If you or a loved one has been injured in a swimming pool accident due to negligence or unsafe conditions, it's essential to seek legal representation from a skilled swimming pool accident lawyer. At Heintz Law, we are dedicated to helping accident victims pursue justice and compensation for their injuries. Contact us today for a free consultation to discuss your case and learn how we can help you.

Responsibilities of Swimming Pool Owners

Whether private or public, pool owners must adhere to a strict set of laws to keep their property safe. There are three types of pool users, called entrants, that pool owners have to be aware of:

  • Licensees are guests at private or residential pools. Because the licensee is invited, private and residential pool owners don’t have to warn the licensee of any hazards that are not obvious.
  • Invitees are people who use public pools. The pool owners or managers are responsible for any maintenance and repairs that are required to avoid injury.
  • Trespassers are those who use pools without permission from the owner. Pool owners are not responsible for injuries incurred by trespassers. The exception is if the trespasser is a child, in which case attractive nuisance comes into play.

Public pool owners or managers must do the following in order to protect their invitees:

  • Provide supervision
  • Supply emergency rescue equipment
  • Maintain pool and deck areas, repairing when needed
  • Post signs with pool rules, warnings, or hazards

Failing to complete these steps opens the owner up to lawsuits and fines by the state.

Private pool owners must do the following in order to protect their licensees:

  • Enclose the pool with at least a 4-foot high barrier or fence that cannot be climbed over or under
  • Cover the pool with an approved cover when not in use
  • Install exit alarms on all doors and windows that provide direct access to the pool
  • Install outward-opening, self-closing, and self-latching devices on all doors with direct pool access

Failure to adhere to these rules could result in lawsuits against the private pool owner as well as a second-degree misdemeanor charge.

Types of Swimming Pool Accident Lawsuits

If the pool owner does not obey the law and someone is injured, there are a number of lawsuits they could face. Below are some of the most common lawsuits associated with swimming pool accidents:

Premises Liability

When talking about swimming pools, premises liability includes things like failing to post warnings, provide safety equipment, install fencing/alarms, or provide adequate supervision. Public and private pool owners have a responsibility to take all reasonable precautions necessary to protect their licensees or invitees. Almost all swimming pool accidents fall under premises liability.

Product Liability

This lawsuit is filed when the pool itself, or equipment in and around the pool, causes an injury. If this is the case, you may be able to sue the manufacturers, retailers, or distributors of the defective product.


You can claim that the pool owner or manager was negligent in certain circumstances. For instance, if a diving board is improperly installed and injures someone. Another example would be if the pool owner or manager hired a lifeguard who lacked the training and certifications required to adequately protect swimmers.

Attractive Nuisance

Young children who don’t understand the risks associated with pools cannot be held liable for their actions. Under the attractive nuisance doctrine, pool owners must exercise extreme caution and ensure that no child could get into their pool without supervision. For an attractive nuisance lawsuit in Florida to be valid, the following must be true:

  • The injury must occur on property where the owner knows or should know that children are likely to trespass
  • The owner knows this likelihood has the potential to cause injury or death
  • The child or children are too young to understand the risks of swimming pools
  • The cost of making the pool inaccessible to children is low when compared to the potential risk for harm

Whether any of the above forms of liability are present or not, assumption of risk is one situation in which the swimmer, or their parent or guardian, could be held responsible for the accident or injury.

Assumption of risk occurs when the swimmer knows there is no lifeguard on duty. It is even more relevant if there are “swim at your own risk” or “no lifeguard on duty” signs posted at the pool. If this is the case, a judge or jury could argue that the swimmer was warned of the risks of swimming unsupervised and did it anyway. This could make the swimmer partially, if not totally, responsible for their injuries and expenses.

Contact a Florida Swimming Pool Accident Attorney

If you or your child was injured in a swimming pool accident, the personal injury attorneys at Heintz Law can help. Our personal injury attorneys have helped victims from Bradenton, Sarasota, and all over Florida get compensation for their damages and medical expenses after a swimming pool injury. Call us to schedule your free consultation at 941-748-2916.

Swimming Pool Accident Lawyer FAQs

What should I do if I've been injured in a swimming pool accident?

If you've been injured in a swimming pool accident, the first priority is to seek medical attention for any injuries. Once you've received medical care, it's essential to document the accident scene, gather contact information from witnesses, and report the incident to the property owner or manager. Finally, contact our experienced swimming pool accident lawyers at Heintz Law for a free consultation to discuss your legal options.

Who can be held liable for a swimming pool accident?

Liability for a swimming pool accident may fall on various parties, including the property owner, pool maintenance companies, lifeguards, manufacturers of defective pool equipment, or other negligent parties.

What damages can I recover in a swimming pool accident lawsuit?

Victims of swimming pool accidents may be entitled to recover various types of damages, including medical expenses, lost wages, pain and suffering, emotional distress, rehabilitation costs, and future medical care. Our attorneys will assess the full extent of your damages and work tirelessly to ensure you receive fair compensation for your injuries.

How long do I have to file a swimming pool accident lawsuit?

In Florida, the statute of limitations for filing a personal injury lawsuit, including swimming pool accident cases, is generally two years from the date of the accident. However, it's crucial to act promptly and consult with our attorneys as soon as possible to preserve your legal rights and gather evidence to support your claim.

What if I signed a liability waiver before using the swimming pool?

Signing a liability waiver does not necessarily prevent you from pursuing compensation for injuries sustained in a swimming pool accident. In many cases, liability waivers may be challenged if they are found to be overly broad, ambiguous, or against public policy.

Can I still pursue a claim if I was partially at fault for the swimming pool accident?

Florida follows a comparative negligence system, which means that your compensation may be reduced if you were partially at fault for the accident. However, you may still be entitled to recover damages as long as you were not primarily responsible for the incident. Our attorneys will advocate for your rights and work to minimize any allegations of comparative negligence.

How much does it cost to hire a swimming pool accident lawyer at Heintz Law?

At Heintz Law, we understand that accident victims may be facing financial hardships, which is why we offer our services on a contingency fee basis. This means that you don't pay any upfront costs, and we only collect a fee if we successfully recover compensation for you. Our initial consultations are also free, so you have nothing to lose by reaching out to us for help.

What sets Heintz Law apart from other personal injury firms?

At Heintz Law, we have a proven track record of success in handling swimming pool accident cases and securing substantial compensation for our clients in the state of Florida. Our attorneys are dedicated advocates for accident victims and provide personalized attention and compassionate support throughout the legal process.

How long does it take to resolve a swimming pool accident case?

The timeline for resolving a swimming pool accident case can vary depending on factors such as the complexity of the case, the extent of your injuries, and the willingness of the opposing parties to negotiate a fair settlement. Our attorneys will work diligently to resolve your case as efficiently as possible while ensuring that you receive maximum compensation for your injuries.

Do I need to go to court for a swimming pool accident lawsuit?

While many swimming pool accident cases are resolved through out-of-court settlements, some may require litigation if a fair settlement cannot be reached. Our attorneys are skilled negotiators and trial lawyers who are prepared to advocate for you in court if necessary. We will explain your options and guide you through every step of the legal process with care and professionalism.


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905 6th Avenue West
Bradenton, FL 34205

Phone: 941-748-2916
Fax: 941-746-4281
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2033 Main St, Ste 406
Sarasota, FL 34237

Phone: 941-238-0093
Fax: 941-746-4281
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