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Chlorine Swimming Pool Lawsuit

Get help with recovering fair compensation to make you whole again. Learn your rights, the responsibilities of pool operators and the steps for recovering compensation.

In this article, we’ll break down:

Public pool operators, including hotels, have a duty to ensure the safety of their guests and visitors. That duty includes managing the chlorine levels in their pools, spa, and hot tubs.

However, when that duty is breached, and a victim is injured, then a victim is entitled to receive compensation for his or her injuries, which commonly includes severe skin irritation, permanent scarring, eye injuries, severe respiratory issues, and other related health effects.

If after making a written demand to the responsible party(s), a victim is unable to settle their matter for fair compensation, then a lawsuit may be necessary to recover compensation to make the victim whole again.

Understanding Which Chlorine Injuries Are Recoverable and Common Causes at Public Pools, Spas, and Hot Tubs

Chlorine is commonly used in swimming pools to prevent the growth of harmful bacteria in the water. However, improper chlorine management in hotels and other public pools and spas can create dangerous conditions.

Chlorine injuries can manifest in various forms and may include:

  • Severe skin burns, permanent scarring, and other serious long-term skin conditions (permanently dry and cracking skin or hypersensitivity to sun exposure)
  • Eye injuries and vision impairment
  • Severe respiratory issues from inhalation
  • Other long-term health effects of chlorine exposure

When skin or eyes are exposed to high chemical levels, serious injuries can occur. Severe skin burns, resulting in permanent scarring and other serious skin conditions, are among the most visible. Prolonged or high-concentration chlorine exposure can cause chemical burns, disfiguring marks, and pain. Eye injuries and vision impairment are also significant concerns.

Inhalation of chlorine fumes can trigger severe respiratory issues, leading to conditions like asthma exacerbation and long-term lung damage. Chlorine exposure may contribute to other long-term health effects, including increased sensitivity to respiratory irritants and other persistent medical problems. Inhaling chlorine gas or accidentally swallowing over-chlorinated water can lead to respiratory distress, gastrointestinal problems, and even death.

These injuries often stem from common, preventable causes, which may include:

  • Improper chemical handling by staff
  • Errors in measuring or mixing chemicals, leading to dangerously high chlorine levels
  • Malfunctioning or poorly maintained pool, spa, and hot tub systems which can disrupt the delicate chemical balance, resulting in hazardous conditions
  • Failing to uphold safety standards, neglecting to test chemical levels, failing to train staff, or not warning guests of potential hazards.

Recognizing these causes and understanding the resulting injuries are vital steps in pursuing a chlorine swimming pool lawsuit.

Legal Basis for Filing a Chlorine Swimming Pool Lawsuit

To succeed in a chlorine exposure lawsuit under Florida law, a victim must prove the four elements of negligence:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages or injury

Each element plays a crucial role in proving liability and recovering compensation for your injuries.

Duty of Care: First, you must demonstrate that the party who caused your injury owed you a duty of care. This means they had an obligation to act reasonably to prevent harm. In the context of public pools and spas, operators have a duty of care to their guests and visitors. They must maintain safe facilities, ensuring proper chemical balance and adherence to Florida’s health and safety standards.

Breach of Duty: Second, you must prove that the operator breached this duty. This breach occurs when they fail to uphold the required standards, leading to improper chlorine exposure. Examples include neglecting to regularly test and adjust chlorine levels during summer months or on days with high traffic, failing to maintain equipment, failing to adequately train staff in chemical handling, or neglecting to warn guests about potential chlorine hazards.

Causation: Third, you must establish a direct link between the operator’s breach of duty and your injuries, known as causation. This means demonstrating that the excessive chlorine levels, resulting from the operator’s negligence, directly caused your injuries. This requires showing that your injuries would not have occurred but for the operator’s failure to maintain safe conditions.

Damages: Finally, you must prove that you suffered actual damages or injuries due to the chlorine exposure. This element confirms that you experienced tangible harm, such as skin burns, respiratory problems, or other health issues, as a direct result of the operator’s negligence. Establishing these four elements is essential for a successful chlorine exposure lawsuit in Florida.

Who May Be Liable?

As stated above, a chlorine exposure lawsuit hinges on proving negligence. Public pool and spa operators have a legal obligation to provide safe facilities for their guests, which includes maintaining proper chlorine levels. This duty extends to all guests and other invitees, ensuring their well-being and safety. (In some limited circumstances, even trespassers can be protected.)

Liability in a chlorine exposure lawsuit can fall upon several parties. Pool owners and operators are primarily responsible for maintaining safe conditions. However, equipment manufacturers can be liable if faulty equipment caused the issue. Similarly, maintenance companies may be held responsible if their negligent service contributed to the hazardous chlorine levels. Identifying all liable parties is essential for a successful claim.

Florida Laws and Regulations Applicable to Chlorine Usage at Public Pools, Spas, and Hot Tubs

Florida maintains stringent regulations regarding chlorine usage in public swimming pools, spas, and hot tubs, designed to protect the health and safety of individuals. These regulations are primarily outlined in Chapter 64E-9 of the Florida Administrative Code, which provides detailed requirements for public pools, including:

  • Acceptable pH ranges
  • Chemical balance
  • Filtration and circulation systems
  • Frequency of water testing
  • Operator certification

The code also includes rules for closing the pool or spa if standards are not met.

What Is a Public Pool?

The statutory law and administrative rules apply to public swimming pools. In order for a chlorine injury victim to know if he or she is protected by these regulations, it’s important to know what Florida law defines as a public swimming pool. According to Florida Statute 514:

“A public swimming pool or public pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses.”

The key here is if a victim uses a public swimming pool, and the laws and regulations related to the operation and maintenance of a public pool aren’t followed, then that failure is considered evidence of negligence. Meaning, a victim’s ability to prove the pool operator breached its duty of care is easier to achieve.

Note: The Florida Department Health has a web page discussing the sanitation and safety standards it adopted for public swimming pools. Included are links to videos about pool chlorine safety (see the “Chemical Safety” tab).

Steps for Recovering Compensation: Making a Demand, Filing a Lawsuit

If you’ve suffered injuries due to excessive chlorine exposure in a Florida pool, then taking immediate and thorough steps is crucial for protecting your rights and maximizing any recovery of your damages.

  1. First and foremost, a victim should seek immediate medical attention. Prompt treatment is vital, not only for your health but also to establish that you are clearly injured. Be truthful with your medical provider about your medical history, as accurate records are essential for proving the extent of your injuries as well as helping to establish yourself as a truthful and honest person. Obtain copies of your medical records and bills, as they will serve as critical evidence in determining the amount of your damages.
  2. Take photos and videos of the injury and the pool area, capturing the conditions that led to the incident. Collect contact information from any witnesses. Additionally, ask the pool operator to create an incident report, which can provide valuable documentation.
  3. Gather evidence. This includes photos, medical records, pool maintenance records, witness statements, video surveillance, and expert testimony. Pool maintenance records are particularly important, as they may show a pattern of negligence. Expert testimony, such as from a pool chemical specialist, can help explain the effects of improper chlorine levels.
  4. Once medical treatment is complete, accurately determine the extent of your injuries and the amount of compensation necessary to make you whole again. This includes assessing medical expenses, the care you received, lost wages, and your pain and suffering (keep a daily diary of how your life has been affected by your injuries). Identify all responsible parties, including the pool and business operator, maintenance company, or equipment manufacturer.
  5. Send a demand letter to the responsible party or their insurance company, including all relevant facts, medical records, medical expenses, and the amount demanded, with supporting exhibits.
  6. Pre-lawsuit settlement negotiations. These negotiations often lead to a resolution without the need to file a lawsuit and go through the sometimes arduous judicial process.

When Should a Lawsuit Be Filed?

If a fair settlement cannot be reached, a lawsuit should be filed which must occur before the statute of limitations deadline. During litigation, the parties will conduct discovery, which includes taking depositions, sending interrogatories to the parties and requests for admissions, all with the goal of proving the pool owner, operator, maintenance company, or equipment manufacturer was negligent.

However, if a lawsuit is filed, then the court will typically order mediation during litigation before a trial commences. Mediation allows both parties to attempt to reach a settlement with the assistance of a neutral third party.

Law Tip: According to Florida law, all verbal communications between parties during mediation are confidential and protected from disclosure, with certain exceptions. See: Florida Statute 44.405, which is known as the Mediation Confidentiality and Privilege Act.

Types of Compensation a Victim of Chlorine Exposure Can Recover

If you’ve suffered injuries due to excessive chlorine exposure in a public pool, you may be entitled to recover various forms of compensation. These damages aim to address both the financial and emotional burdens you’ve endured. A public pool operator or hotel’s liability for a chlorine related injury requires compensating a victim for economic and non-economic damages, including:

  • Medical expenses (current and future)
  • Lost wages or reduced earning capacity
  • Pain and suffering
  • Emotional distress

Case Example: Notable Chlorine Injury Lawsuit

Settlements and verdicts in chlorine injury lawsuits can vary significantly based on the injuries and circumstances of the case. In one significant case from South Carolina, a resort settled a federal lawsuit for $26 million after a three-year-old suffered severe chlorine burns in the resort swimming pool. The resort’s pool operator had falsified chlorine level records, and tests revealed dangerously high chlorine levels.

Note: Finding precise details on specific, individual chlorine injury lawsuit settlements in Florida, (meaning, cases that settled before a jury is asked to decide the outcome of the case), can be challenging due to privacy concerns and settlement confidentiality agreements. The reason is likely, in part, related to not wanting to have this information freely available on the internet.

Why Does It Matter That Your Attorney Has Experience Filing a Chlorine Swimming Pool Lawsuit?

An attorney’s experience in chlorine swimming pool lawsuits is vital for understanding:

  • How pool operators and insurers approach these claims, including settlement negotiation tactics;
  • Knowing which experts to hire, like pool chemical specialists and pool equipment operators, to establish the duty of care owed to victims and to prove a breach of those duties;
  • Understanding pool equipment maintenance, testing, and safety standards under Florida’s complex administrative regulations regarding chlorine usage at public pools; and
  • Knowing how to expertly navigate these lawsuits including being a specialist in proving the amount of compensation necessary to make a victim whole again. (Note: Only a Florida Bar Board Certified Civil Trial Lawyer, like Alan Sackrin, can make a claim as to being an expert or a specialist for issues related to civil trials.)

If you or a loved one has suffered harm in a public swimming pool or hot tub due to chlorine exposure and you have questions about dealing with a claim or an insurance adjuster, a good piece of advice is to speak with a personal injury lawyer who has spent years evaluating injury facts, applying the law, and effectively asking juries to render a favorable verdict. Most personal injury lawyers who meet these criteria, like Alan Sackrin, will offer a free initial consultation to answer your questions and explain the law.

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Do you have questions about a chlorine injury at a public pool? Then please feel free to send Alan an email or call him now at (954) 458-8655. Doing so will put you in contact with an attorney who has for years represented local and out-of-state guests hurt in Orlando, Miami, Tampa, Fort Lauderdale hotels and other hotels throughout Florida.

To learn more about Alan and his qualifications, see his About Me page.