People often fail to realize that a homeowner is as liable as the owner of a commercial property for a visitor’s injuries or death. In other words, a premises liability case can be filed against a homeowner the same way it could be filed against a hotel or other establishment when someone gets injured at their premises.
Swimming Pool Accidents
Swimming pool drownings are among the most common sources of premises liability cases against homeowners in South Florida. With warm weather almost all year, Florida (specially South Florida) is a place where many homes have swimming pools. Of course, not all accidental swimming pool drownings or near drownings will bring about a premises liability case. For example, the recent accidental drowning of a toddler in what appears to be his own backyard pool in South Miami is unlikely to become one. However, had it been someone else’s child, the homeowner may have had to face civil liability in court.
We Are All Potential Victims
Unfortunately, an accidental drowning in a swimming pool can happen to people of all ages. Of course, an unattended toddler or a small child is more likely to drown in a backyard swimming pool, but they are not the only victims. For example, when teenagers engage in rough playing in a pool, injuries tend to happen. If the homeowner allowed the dangerous behavior of these teenagers to continue and someone got seriously injured, the parents of the injured child may have a cause of action for negligence against that homeowner.
Some people hesitate to bring legal action against a homeowner under circumstances similar to those described above due to family ties or friendship. However, please note that a true friend or a family member should encourage you to file suit knowing that their insurance company is liable, and understanding that your injured child will not get the quality of medical services or the rehabilitation needed without the homeowner’s carrier paying for the care and treatment. Moreover, please note that your initial hesitation to bring a claim will allow for the insurance company to gain an unfair advantage against you by being able to promptly gather evidence that would otherwise be lost or destroyed, interview witnesses while the event in question is still fresh in their minds, etc.
Your homeowner family member or friend should understand that and if they care for you as much as your hesitation shows you care for them, they should in fact support your action. You are not trying to recover money from them: you are trying to recover money from their insurance company. That is why they have been paying liability insurance for so many years and why the law requires them to continue doing so. The lawyers at Greenberg Stone and Urbano have handled many such cases and in each and every case the family member or friend being sued has understood the reason for the lawsuit and the benefit their insurance provided to the injured child.
If you or a loved one has been seriously injured or if a loved one lost his or her life while visiting a commercial or a residential property, you should immediately contact a law firm experienced in handling these cases. The Miami Dade County Premises Liability Law Offices of Greenberg Stone and Urbano has throughout the years represented many clients involved in premises liability cases, traumatic brain injuries and serious personal injuries. Visit our website to learn more about our firm and contact us today for a free consultation.