Pool owners and operators in Florida have an obligation to maintain their pools to make sure that individuals who use the pool are not injured. Part of this obligation includes ensuring that pool chemicals are in check and the pool is sanitary at all times. If you or someone close to you has been injured in a pool chemical accident, it is important to reach out to a skilled Miami injury attorney who can assess the merits of your case.
The CDC has warned homeowners with swimming pools about the potential dangers caused by the improper use of pool chemicals. These dangers include poisoning as well as severe chemical burns from improperly used or mixed chemicals. The CDC found that injuries from pool chemicals led to nearly 5,000 preventable emergency room visits in 2012. Nearly half of these preventable injuries affected children and teenagers, and more than a third took place at home. Pool chemical injuries were the most common during the summer swim season, from Memorial Day to Labor Day, and almost half of these occurred on weekends.
Some examples of injuries caused by pool chemicals include but are not limited to:
- Chemical burns on the skin;
- Eye injuries;
- Respiratory issues;
- Bacterial infections;
- Neurological damage; or
- Gastrointestinal issues.
Pool owners and operators may be liable for pool injuries if they are considered negligent. Negligence occurs when a property owner fails to use the level of care that a reasonably prudent property owner would have used in the same or similar circumstances. Under Florida law, the level of care that a property owner must use depends on the status of the visitor. Property owner-visitor relationships fall into one of three categories: 1) invitees, 2) licensees, or 3) trespassers.
An invitee is an individual who enters the land for a business reason, such as a customer. Invitees are owed the highest duty of care. The property owner has an obligation to keep the premises safe and to warn these individuals of any hazards on them of which the property owner has knowledge or should have knowledge. In the context of pool chemical injuries, a person swimming at a hotel pool would be considered an invitee. Another example of an invitee would be a person who is using a swimming pool at a gym or country club for which he or she has paid a membership fee.
A licensee is a social guest, and a trespasser is someone who enters the land without the property owner’s express or implied permission. An attorney can examine your case and help you determine your status as a visitor as well as the duties that were owed to you.
In some cases, these injuries can have long-term effects. Victims of injuries caused by pool chemicals may be able to recover compensation for their injuries. These damages include medical expenses, rehabilitation costs, lost wages, pain and suffering, and any other losses stemming from the accident. Of course, the exact amount of compensation a plaintiff will be able to recover will vary depending on the specific facts of the case.
If you or someone you love has been injured in a swimming pool due to the pool chemicals, it is imperative that you speak to a seasoned Miami swimming pool accident attorney who can protect your rights. These injuries can be severe and have life-altering consequences. At the Law Offices of Robert Dixon, we represent clients from across South Florida. For a free consultation, call us at 1-877-499-HURT (4878) or reach out to us online today.
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