Everyone knows South Florida is known for its beautiful weather with hot sunny days. And Florida residents also expect to find a refreshing pool to cool off right outside their door. It’s tough to find condominium buildings without a pool. They go hand and hand, like peanut butter and jelly.
Additionally, condo residents also expect their association to provide a safe and free-of-hazard place to swim. They expect the homeowners association to provide ongoing maintenance and cleaning, part of their HOA dues they pay for every month.
Although most condo associations do their best at keeping the pool area safe, but hazards can be missed, and accidents continue to happen. So what happens if one of these Florida pool accidents caused you injuries while you were enjoying your building’s pool or visiting someone else’s condominium pool? Who is liable for the accident, and how can you prove negligence for a slip and fall pool accident?
Like any public facility, condominiums are held to the same standard. HOAs and condo associations must maintain a safe and hazard-free environment for their residents and guests. Failure to do so, and a condo resident or guest was injured at their condo pool, HOA and condo associations can be held responsible. The injured resident may be compensated for damages. These damages may include:
- medical expenses
- pain and suffering
- lost wages
- financial hardship
Whether you had a condominium slip and fall accident or suffer injuries from a pool accident, you need to prove the condo association was negligent. It may seem obvious to you and your loved ones the association is at fault, but proving negligence is not as easy as it sounds.
How to Prove Negligence in Florida for Condo pool slip and fall accidents?
Florida law states the burden of proving condo negligence is on the victim. To prove negligence, the victim must:
- Find enough admissible evidence that the condo’s behavior was a result of the accident and injuries and;
- The condo association and HOA had actual knowledge about the unsafe condition of the pool area, or they had constructive knowledge about the dangerous condition.
What evidence can I use to prove negligence for pool slip and fall accidents?
Any information you can obtain about your pool accident is considered good evidence. The more information our condo slip and fall accident lawyers can gather can only strengthen your case. This includes:
- names of witnesses
- videos as well as video surveillance from the condo association
- keep the clothes you were wearing in their original condition
- any notes or recollections you may have from what was said by staff members
- medical reports
Additionally, under Florida premises liability law, you will need to prove you were an invitee to the condo, even if you are a resident. Obtaining your condominium handbook and your closing statement will be helpful.
Duties the condominium needs to oblige by to prevent slip and fall accidents at the pool.
Pool accidents in your condominium complex can be dangerous, especially if your condo association and HOA have failed to hold up their end of the bargain and keep their grounds safe and free of hazards. Many guests and residents are injured by pool slip and fall accidents in the following areas:
- Drinking fountains
- Pool area bathroom floors
- Pool decks
- Pool cabanas
Condominium owners and HOA have a duty of care to ensure all surfaces are free of debris and cords, the bathroom area is free of water, and the use of non-slip walking surfaces are present throughout the pool and its corresponding regions. If they breach their duty of care, pool slip and fall injuries are at stake and the property owner could be responsible for your fall.
To minimize and eliminate these common slip and fall hazards, you will see most condominiums have implemented the following:
- The use of wet floor signs used throughout the pool area
- The use of handrails to assist its residents and guests near uneven surfaces and stairs
- Hire more staff to ensure proper and timely cleaning of the pool area
- Implement a frequent cleaning schedule for the bathrooms, drinking fountain, stairwells, and pool deck. These areas are mopped frequently to keep areas dry.
- The pool deck and bathrooms have been installed with a slip-resistant surface.
- Cabanas and lounge chairs are kept clear of walkways or other heavy foot traffic areas.
How can our slip and fall injury lawyers at Advocates USA help you?
Proving negligence for condo pool slip and fall accidents in Florida can be pretty tricky even when the injuries speak for themselves, and it appears to be quite obvious who is at fault for the accident. Suppose you were injured at your condo pool. In that case, you must hold the association and condominium’s owner accountable for their negligent actions. You should speak with the best slip and fall accident attorney in Florida who has years of experience with the premise liability law.
If you or a loved one has suffered from severe injuries due to a pool or condo slip and fall accident, we will help prove that the HOA or condo association failed to uphold its duty of care, and as a result of their negligence, you have suffered injuries. In addition, we will help get you the maximum compensation for your injuries.
Contact Advocates USA today for a free consultation. We are available seven days a week, 24 hours a day. You can visit our website, send us a contact form, or communicate by calling our personal injury attorneys at 1-800-872-4878. We serve Florida state from the north, south, east, and west coast. We are the attorneys for the people. When you are ready to speak to a personal injury attorney, we are prepared to take your call.