WE HAVE RECOVERED MILLIONS
OF DOLLARS FOR OUR CLIENTS
$3,400,000
Traffic Fatality
$2,150,000
Traffic Accident
$1,300,000
Motorcycle Accident
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Fatality |
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Accident |
POOL ACCIDENT ATTORNEYS IN JACKSONVILLE
With Florida having more private and public swimming pools that any other state in the nation and also having extensive waterways, it’s no surprise that we also lead the nation in swimming pool and waterway related injuries and drownings. And unfortunately, children are most often the victims. Accidents and fatalities can occur in private pools, hotel pools, water parks and waterways when proper conduct and or supervision fails, or because faulty gates, drains or other hazards endanger adults or children who enter areas that should have been restricted. And negligence by owners and those responsible for the safety, security and upkeep of these recreational areas is often the cause of these unfortunate events.
If you or a loved one have been injured or worse in a pool, water park or waterway accident, our pool accident attorneys in Jacksonville can explain the strict pool safety and premises liability laws in Florida and how they can help assure that you are properly compensated for your injuries or losses. Below is a closer look at how we help victims of pool and waterway accidents and drownings.
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Free Consultations | NO Upfront Fees
POOL ACCIDENT ATTORNEYS IN JACKSONVILLE
With Florida having more private and public swimming pools that any other state in the nation and also having extensive waterways, it’s no surprise that we also lead the nation in swimming pool and waterway related injuries and drownings. And unfortunately, children are most often the victims. Accidents and fatalities can occur in private pools, hotel pools, water parks and waterways when proper conduct and or supervision fails, or because faulty gates, drains or other hazards endanger adults or children who enter areas that should have been restricted. And negligence by owners and those responsible for the safety, security and upkeep of these recreational areas is often the cause of these unfortunate events.
If you or a loved one have been injured or worse in a pool, water park or waterway accident, our pool accident attorneys in Jacksonville can explain the strict pool safety and premises liability laws in Florida and how they can help assure that you are properly compensated for your injuries or losses. Below is a closer look at how we help victims of pool and waterway accidents and drownings.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
POOL ACCIDENT ATTORNEYS IN JACKSONVILLE
With Florida having more private and public swimming pools that any other state in the nation and also having extensive waterways, it’s no surprise that we also lead the nation in swimming pool and waterway related injuries and drownings. And unfortunately, children are most often the victims. Accidents and fatalities can occur in private pools, hotel pools, water parks and waterways when proper conduct and or supervision fails, or because faulty gates, drains or other hazards endanger adults or children who enter areas that should have been restricted. And negligence by owners and those responsible for the safety, security and upkeep of these recreational areas is often the cause of these unfortunate events.
If you or a loved one have been injured or worse in a pool, water park or waterway accident, our pool accident attorneys in Jacksonville can explain the strict pool safety and premises liability laws in Florida and how they can help assure that you are properly compensated for your injuries or losses. Below is a closer look at how we help victims of pool and waterway accidents and drownings.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
WHAT OUR CLIENTS ARE SAYING
WHAT OUR CLIENTS ARE SAYING
SPEAK WITH OUR EXPERIENCED POOL ACCIDENT ATTORNEYS IN JACKSONVILLE
If you were injured while visiting a private, commercial or public swimming pool, water park or waterway, it is important to make notes about the circumstances of the accident and the scene. If possible, taking photos or videos will also help you remember important details. It will be extremely important to document your version of events. A police report may be made as a result of a 911 call, but in many cases there is little if any formal or official documentation created. And if the property owner or manager of a commercial or public property is the only one to document what happened, their version of events will likely be skewed to avoid responsibility and liability.
When our pool accident attorneys in Jacksonville represent clients who were injured on property other than their own, there are two areas of Florida law that we use to help our clients recover compensation for their injuries and losses:
PREMISES LIABILITY
Premises liability laws in Florida refer to injuries that are the result of negligence on the part of a landowner or those responsible for the reasonable safety of anyone who visits the property, (“invitees” in legal terms). If it can be demonstrated or proven that you or your loved one’s injuries or death was due to the owner or responsible party’s failure keep all dangerous aspects and areas secured and accessible aspects and areas safe, they can be held liable for your injuries and losses. Learn more about Premises Liability.
NEGLIGENCE
Negligence laws in Florida hold people, commercial organizations and governmental departments and agencies responsible for their mismanagement, lack of proper maintenance and other failures that result in injuries or death. Our pool accident attorneys in Jacksonville are very experienced in this area of Florida law and how to prove a claim of negligence. We know what it takes to prove that you were owed a duty of care, prove that duty of care was not provided, prove that your injuries were cause by the duty of care not being provided, and finally prove that you have suffered damages as a result of your injuries or the death of a loved one.
SPEAK WITH OUR EXPERIENCED POOL ACCIDENT ATTORNEYS IN JACKSONVILLE
If you were injured while visiting a private, commercial or public swimming pool, water park or waterway, it is important to make notes about the circumstances of the accident and the scene. If possible, taking photos or videos will also help you remember important details. It will be extremely important to document your version of events. A police report may be made as a result of a 911 call, but in many cases there is little if any formal or official documentation created. And if the property owner or manager of a commercial or public property is the only one to document what happened, their version of events will likely be skewed to avoid responsibility and liability.
When our pool accident attorneys in Jacksonville represent clients who were injured on property other than their own, there are two areas of Florida law that we use to help our clients recover compensation for their injuries and losses:
PREMISES LIABILITY
Premises liability laws in Florida refer to injuries that are the result of negligence on the part of a landowner or those responsible for the reasonable safety of anyone who visits the property, (“invitees” in legal terms). If it can be demonstrated or proven that you or your loved one’s injuries or death was due to the owner or responsible party’s failure keep all dangerous aspects and areas secured and accessible aspects and areas safe, they can be held liable for your injuries and losses. Learn more about Premises Liability.
NEGLIGENCE
Negligence laws in Florida hold people, commercial organizations and governmental departments and agencies responsible for their mismanagement, lack of proper maintenance and other failures that result in injuries or death. Our pool accident attorneys in Jacksonville are very experienced in this area of Florida law and how to prove a claim of negligence. We know what it takes to prove that you were owed a duty of care, prove that duty of care was not provided, prove that your injuries were cause by the duty of care not being provided, and finally prove that you have suffered damages as a result of your injuries or the death of a loved one.
THE PROTECTION THAT FLORIDA LAWS PROVIDE
Having a private pool is a must for many property owners in Florida. Yet a surprising number of pool owners allow their pools and access to their pools to become unsafe risking the safety of their visitors and even fines and jailtime. Inadequate or failing fences, gates without locks and windows and doors that allow direct access to pool areas cause far too many injuries and deaths in Florida each year.
Our pool accident attorneys in Jacksonville have extensive experience with Florida’s pool safety laws and other Florida laws that govern an invitee’s reasonable expectation of safety or the duty of care they are entitled to while on private, commercial or public property. And when we represent a client who was injured or worse in a pool accident, we use this experience to carefully evaluate the circumstances of the accident and how these laws can be applied to recover proper compensation for their injuries and losses.
While we may find that multiple Florida laws apply to a particular pool accident, in many cases, property owners purchased a property with a pool and are not aware of the “Residential Swimming Pool Safety Act” requirements and fail to meet the act’s pool safety requirements. Below are a few of the key aspects of this statute:
515.27 Residential swimming pool safety feature options; penalties.
(1)Â Â In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
(a)Â Â The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b)Â Â The pool must be equipped with an approved safety pool cover;
(c)Â Â All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
(d)Â Â All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(2)Â Â A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
515.29Â Residential swimming pool barrier requirements.
(1)Â Â A residential swimming pool barrier must have all of the following characteristics:
(a)Â Â The barrier must be at least 4 feet high on the outside.
(b)Â Â The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
(c)Â Â The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
(d)Â Â The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
(2)Â Â The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3)Â Â Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4)Â Â A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5)Â Â A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
THE PROTECTION THAT FLORIDA LAWS PROVIDE
Having a private pool is a must for many property owners in Florida. Yet a surprising number of pool owners allow their pools and access to their pools to become unsafe risking the safety of their visitors and even fines and jailtime. Inadequate or failing fences, gates without locks and windows and doors that allow direct access to pool areas cause far too many injuries and deaths in Florida each year.
Our pool accident attorneys in Jacksonville have extensive experience with Florida’s pool safety laws and other Florida laws that govern an invitee’s reasonable expectation of safety or the duty of care they are entitled to while on private, commercial or public property. And when we represent a client who was injured or worse in a pool accident, we use this experience to carefully evaluate the circumstances of the accident and how these laws can be applied to recover proper compensation for their injuries and losses.
While we may find that multiple Florida laws apply to a particular pool accident, in many cases, property owners purchased a property with a pool and are not aware of the “Residential Swimming Pool Safety Act” requirements and fail to meet the act’s pool safety requirements. Below are a few of the key aspects of this statute:
515.27 Residential swimming pool safety feature options; penalties.
(1)Â Â In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
(a)Â Â The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b)Â Â The pool must be equipped with an approved safety pool cover;
(c)Â Â All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
(d)Â Â All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(2)Â Â A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
515.29Â Residential swimming pool barrier requirements.
(1)Â Â A residential swimming pool barrier must have all of the following characteristics:
(a)Â Â The barrier must be at least 4 feet high on the outside.
(b)Â Â The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
(c)Â Â The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
(d)Â Â The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
(2)Â Â The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3)Â Â Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4)Â Â A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5)Â Â A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
THE PROTECTION THAT FLORIDA LAWS PROVIDE
Having a private pool is a must for many property owners in Florida. Yet a surprising number of pool owners allow their pools and access to their pools to become unsafe risking the safety of their visitors and even fines and jailtime. Inadequate or failing fences, gates without locks and windows and doors that allow direct access to pool areas cause far too many injuries and deaths in Florida each year.
Our pool accident attorneys in Jacksonville have extensive experience with Florida’s pool safety laws and other Florida laws that govern an invitee’s reasonable expectation of safety or the duty of care they are entitled to while on private, commercial or public property. And when we represent a client who was injured or worse in a pool accident, we use this experience to carefully evaluate the circumstances of the accident and how these laws can be applied to recover proper compensation for their injuries and losses.
While we may find that multiple Florida laws apply to a particular pool accident, in many cases, property owners purchased a property with a pool and are not aware of the “Residential Swimming Pool Safety Act” requirements and fail to meet the act’s pool safety requirements. Below are a few of the key aspects of this statute:
515.27 Residential swimming pool safety feature options; penalties.
(1)Â Â In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
(a)Â Â The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b)Â Â The pool must be equipped with an approved safety pool cover;
(c)Â Â All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
(d)Â Â All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(2)Â Â A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
515.29Â Residential swimming pool barrier requirements.
(1)Â Â A residential swimming pool barrier must have all of the following characteristics:
(a)Â Â The barrier must be at least 4 feet high on the outside.
(b)Â Â The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
(c)Â Â The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
(d)Â Â The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
(2)Â Â The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3)Â Â Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4)Â Â A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5)Â Â A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
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McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL LAW
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON LAW website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON LAW and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON LAW and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON LAW.
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL LAW
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON.