Pool and Spa Dangers

Swimming pools and spas (better known as “hot tubs”) are everywhere in Florida. These features are prominent in waterparks, hotels, resorts and public parks. The Association of Pool and Spa Professionals estimates there are more than 1.2 million pools in the state (including 25,000 commercial pools), as well as 335,000 hot tubs.

Associates and Bruce L. Scheiner, Attorneys for the Injured, recognize that while pools and spas provide relief, relaxation and fun, they can also be extremely dangerous. In some cases, they are defectively constructed or maintained. In other instances, they aren’t appropriately marked. Our injury lawyers in Fort Myers have also seen numerous circumstances wherein pools and spas were not properly secured or supervised. Any one of these scenarios can lead to devastating consequences.

Every day in the U.S., nine people drown – and this is the No. 2 cause of accidental injury-related deaths among children between the ages of 1 and 14. For every death, there are approximately four people who suffered a serious but non-fatal swimming pool or spa accident that requires hospitalization.

Possible pool and spa dangers in Florida include:

  • Slip-and-fall injuries due to walking surfaces around or near the water with inadequate traction;
  • Lack of pool security features (i.e., fencing, gates, close adult supervision, lifeguards);
  • Electrical shock due to wires or other charged devices near the water;
  • Failure to clearly mark the depth of the pool, raising the potential for diving accidents or drowning;
  • Malfunctioning pool or spa equipment, such as drains, drain covers, filters, lights or pumps;
  • Chemical hazards or biohazards, such as chlorine gas exposure or inadequately cleaned fecal matter;
  • Improperly maintenance or cleaning of hot tubs, causing a risk of Legionnaire’s Disease due to a bacterium called Legionella that thrives in hot water environments.

If you are injured due to a spa or pool accident, our experienced injury attorneys in Fort Myers will help you determine whether you have a viable claim and how best to pursue it.

Our attorneys can help you explore damages in cases of:

  • Vacation Accidents
  • Defectively Designed and Maintained Pools
  • Residential Pool Injuries
  • Spa Injuries

Given that most drowning deaths each year involve children under the age of 5, we know how much this means to you and your family. We recognize also the complexity of these cases, which may be rooted in theories of negligence that include:

  • Premises liability;
  • Product liability;
  • Negligent maintenance/ repair;
  • Vicarious liability for negligent employees.
Premises Liability for Pool and Spa Accidents

Premises liability claims are some of the most common for pool and spa accidents. Property owners and operators owe a duty of care to those who enter, depending on the visitor’s status. This applies to commercial, public and residential property owners, but the degree of that duty of care varies.

Businesses that invite paying customers onto the property for the benefit of the business owe the highest duty of care because visitors are classified as business invitees. In these cases, the business owner has a responsibility to:

  • Inspect the site regularly for potential hazards;
  • Fix potential hazards OR;
  • Warn patrons of those hazards that are not immediately obvious.

Property owners can be liable for injuries that occur on site if they knew or should have known about them (referred to as “actual or constructive knowledge) and they failed to address the issue or warn patrons. Per F.S. 768.0755, proving constructive knowledge means showing the dangerous condition existed for such a length of time that the business should have discovered it with the exercise of ordinary care or else the condition occurred with regularity, and thus was foreseeable.

Where pool and spa injuries occur on a private residence, there still exists a duty of care to maintain a site in reasonably safe condition. Landlords, homeowners’ associations and individual homeowners can be liable for hazards on their property – including lack of gates and fencing, improperly-marked pool depths, malfunctioning pool equipment, poorly-maintained chemical balance or failure to clean. Many of these claims may be paid out through liability or homeowners’ insurance policies.

Product Liability for Pool and Spa Accidents

If it turns out the pool or spa injury was caused by some defect in the pool or equipment, you may have grounds for a product liability lawsuit.

Some examples of pool product liability claims include:

  • Pool filter defects. There have been recorded cases of pool filters that have combusted due to air compression. Shrapnel injuries were reported in some cases.

  • Drain and pump defects. When drains or pumps aren’t covered properly or they malfunction, this results in something called suction entrapment. Swimmers can become stuck underwater or their hair gets caught in the drain, resulting in serious injury.

  • Ladder and slide or diving board defects. Too-low diving boards or improperly-placed ladders can result in broken bones, head injuries, spinal cord injuries or drowning.

  • Defective heaters. In some cases, gas pool heaters have been shown to pose a carbon monoxide risk.

  • Defective floatation devices. This particularly dangerous for children, who use baby floats or “water wings.” But adult mats and tubes may also be potentially very dangerous if they don’t function as expected or promised.

Because these scenarios pose a risk of serious injury or death, it’s important to contact an experienced injury lawyer in Fort Myers who can help you explore your legal options.

800-646-1210 – Associates and Bruce L. Scheiner – Focused on Justice

Client Reviews
Bruce L. Scheiner and his team were the most friendly people I've ever met they genuinely cared about me... I highly recommend them Brooke Krause
I was really satisfied with services I received. Bruce is not only an attorney, but like family. He got me three times what I thought I would receive and was always there when I needed an answer on something. I'd say he is the best attorney I have dealt with in my 68 years. Harry Zulauf
I found working with the BLS firm to be a very good experience. They kept me informed on my case, answered all my questions, and were prompt when I needed assistance. Wendy Walker
I was in an accident and BLS was very helpful and gave a lot of support. If I had any questions, it was just a phone call away. Everyone in the office is very nice and helpful. Celeste Thompson
We had a wonderful experience with everyone here. The staff and attorneys were friendly, knowledgeable, and compassionate. They inquired about our injuries and our recovery. I would highly recommend their services! Heather Bair Daniels
I have nothing but good things to say about this law firm. I can honestly say that I am very satisfied with their work and my end results. I would absolutely recommend these set of attorneys to anyone. Thank you guys for all the hard work! Merida McDonald
BLS was incredibly helpful with my case, even during the hard challenging periods of my case Bruce & PJ were always just a call away. Even though they couldn't answer my call at that direct moment, they ALWAYS made a point to call me back. The staff at Associates and Bruce L. Scheiner were always helpful and friendly, if they didn't have the answer they would always call me back with what I needed to know. Robert Drawdy
I was in a car accident and I seen his Advertisement on TV and I was very impressed of how kind and caring he really is to others and I called them and they took my case and they were very caring and understanding .. they were right on top of everything from being to end and the staff that works in the Fort Myers office were very friendly I would recommend them to a friend or family member if in need of a attorney... Thank you for your services and you made me feel like part of your family. Christina Mauro