South Florida Injury Lawyer Blawg
Diving boards can be a great source of fun for children and adults alike. They are a common feature of many private and public swimming pools across Florida and the United States. Although many swimmers enjoy using the diving board without incident, the reality is that diving boards can cause serious injuries and even death. If you or someone you know has been hurt in a diving board accident, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case.
Diving is considered a collision sport, due to the impact with the water on entry. A diver entering the water from a 10-meter high diving board is traveling at almost 40 miles per hour. This speed is enough to break bones and dislocate joints. Some common diving board injuries include shoulder injuries, neck injuries, elbow injuries, back injuries, wrist or hand injuries, knee injuries, cuts, scrapes, bruises, swimmer’s ear, and more. These injuries can arise in a number of ways, including landing on other swimmers in the pool, hitting one’s head on the diving board, side of the pool, or bottom of the pool, or back and spinal cord injuries from landing on one’s back.
A number of parties may be liable for a diving board accident, including the pool owner, the diving board manufacturer, the company that installed the diving board, and the retail store that sold the diving board.
In most cases, the basis for a diving board accident will be a negligence lawsuit. Negligence is a failure to exercise reasonable care in one’s actions or omissions that causes injury to another person. To establish negligence, the plaintiff must show the following points: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care; iii) the defendant’s breach was a direct cause of the plaintiff’s harm; and iv) the plaintiff sustained quantifiable damages.
The pool owner may be liable if he or she knew or should have known that the diving board was unsafe. The diving board must have been hazardous to the extent that the risk of injury to the plaintiff was significant. The issue of whether the pool owner should have known that the diving board was unsafe ultimately comes down to whether a reasonably prudent pool owner in the same circumstances would have known that the diving board was dangerous. This could be easy to establish if the diving board was in obvious disrepair, or if there was a history of other individuals getting hurt because of the board. In such instances, the plaintiff can show that the pool owner was on notice of the hazards associated with the diving board. If there was nothing obvious, you might be able to demonstrate that the pool owner was negligent due to his or her inattentiveness regarding the safety of the diving board.
The company that installed the diving board may be liable if negligent installation was the cause of the accident. The manufacturer or seller of the diving board may be liable if a manufacturing defect or design flaw was the cause of the accident.
Diving boards can provide a lot of entertainment when they are used properly. Unfortunately, they can also be very dangerous. If you or someone close to you has been injured in a diving board accident, you should consult an experienced Miami product liability attorney. At the Law Offices of Robert Dixon, we can advocate for your rights at every step of the way in seeking the compensation you deserve for your harm. We proudly represent clients from throughout South Florida. To discuss your case in more detail, call us at 1-877-499-HURT (4878) or contact us online today.
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