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Personal Injury Lawyer Miami FL 

Personal Injury Lawyer Miami FL Pool owners have a duty to reasonably maintain the pool and keep up with repairs so that invitees are safe to use that pool. Invitees are known as patrons of the pool, whether it is free or they have to pay an admission fee. Whether the pool owner is a private company or a municipality or other government agency, they can be held responsible if an invitee is injured due to the negligence of the pool owner. If you or your child sustained an injury in this way, a personal injury lawyer in Miami FL from Needle & Ellenberg, P.A. can examine your case at no charge during a free consultation. Call us today to find out more.

Those who use a pool that is located on private property are called ‘licensees.’ If there are dangers that are not visible or obvious to the average swimmer, the pool owner has a duty to warn licensees of these dangers. For example, if there is little to no water in the pool, they must post signs and use other methods to make it clear that the pool is not safe to use. A commonly accepted method is to use secure fencing and a locked gate in additional to prominently placed warning signs. If the pool owner was negligent in these efforts, contact our personal injury lawyer in Miami FL immediately.

The pool owner is not responsible for the duty of care by a trespasser other than not intentionally causing harm to the trespasser. These rules do not necessarily apply if a child is the trespasser. If you or your child were injured while swimming or visiting a public pool and have reason to believe that the facility’s owner is at fault, contact us. Our personal injury lawyer in Miami FL from Needle & Ellenberg, P.A. to discuss the particulars of your case and determine the best way to proceed.

Attractive Nuisance Doctrine

Pool owners have an obligation to keep their pool safe from children who may not be able to understand the dangers of drowning. The attractive nuisance doctrine states that the pool owner must practice reasonable care to protect children who trespass on their property. To prove that the owner of the pool was guilty under the attractive nuisance doctrine, your personal injury lawyer in Miami FL from Needle & Ellenberg, P.A. will need to prove the following:

  • The owner of the pool knew that children were likely to trespass on their property.
  • The owner did not reasonably care for, and maintain, the safe condition of the pool.
  • Children were not able to realize the danger or risk of the pool due to a lack of sufficient preventative measures on the part of the pool owner.
  • The owner was aware of the dangers that their pool could pose for children trespassing on their property and possibly using the pool.

The Court will also look at the age of the injured child to determine whether or not the owner of the pool did enough to warn even the youngest of trespassers. After a careful review of your case, your personal injury lawyer in Miami FL from Needle & Ellenberg, P.A can determine if the defendant meets those criteria.

Liability Issues for Pool Owners

Sometimes, an accident is simply an accident and nobody else can be held responsible. For example, pool water will collect in areas around the pool itself and be slippery. If someone slips and falls in a pool area, it might be their own fault.

However, a pool owner does need to place appropriate warning signage for any hidden obstructions, such as a shallow diving area. In addition, a pool that is open to guests or invitees must make a life preserver available and keep the pool area in good working order.

Contact Needle & Ellenberg, P.A. to schedule a free consultation with a personal injury lawyer Miami FL residents rely on if you or your child was injured due to a pool owner’s negligence.

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