Drowning Accident Attorney
Drowning Accident Attorney Overview
Nearly every house or hotel in South Florida has a swimming pool to add to our abundant beaches. With all that water comes the risk of injury, especially with water sports or small children without supervision A drowning victim has no ability to call for help as they are struggling for air. Therefore, it takes only seconds for tragedy to strike and change lives forever. A knowledgable drowning accident attorney knows precisely how to navigate these unfortunate, catastrophic injury claims.
Sadly, drowning accidents are very common not only nationwide but here in Florida. Drowning is the third leading cause of unintentional death and accounts for seven percent of all injury related deaths worldwide. The most susceptible demographic to drowning are also our must vulnerable population: young children between 1 and 4 years old. It also happens to be the primary cause of death for most boating accidents.
Common Causes
Many cases of preventable drowning accidents involve swimming pools. They tend to happen when a pool is not adequately secured, a gate is left open, or the area is not appropriately monitored. In fact, most often these involve young children with water access. Other frequent causes of drowning accidents including:
- Lack of swim training
- Alcohol and/or drug use
- Overcrowded pools
- Lack of life saving devices or emergency equipment
- Defective design
- Noncompliance with safety and building codes
Liability for Drowning Accidents
Individual drowning victims and their families can bring suits against persons or property owners if they were negligent in leading to a victim’s drowning injuries or death. This cause of action falls under the umbrella of “premises liability” and requires that the injured party prove three things:
- The owner or manager owed the victim a legal duty of care,
- They breached that duty of care, and
- The victim suffered damages as a result of that breach.
In Florida, private swimming pools are considered “attractive nuisances,” meaning that they are a feature of a property which is likely to entice and attract children. Because of this, property and pool owners have a special duty to act reasonably and take measures to reduce the risk that their pools pose. Failure to do so is likely to result in liability for injuries suffered by children who enter their land and suffer harm as a result.
The most common way to demonstrate negligence is to prove failure to comply with Florida statutory and common law.
The Residential Swimming Pool Safety Act
There are also particular laws that apply specifically to pools. Florida has a Residential Swimming Pool Safety Act which requires 5 specific components of a private pool barrier to be legally compliant:
- A four-foot high barrier designed to prevent access by small children must be placed around the pool perimeter
- Any ladders or steps leading to the pool must also be blocked off, restricted, or secured
- Pool gates must open outwardly, be self-closing, self-latching, and the latch has to be located away from the reach of a young child
- Dwelling doors or windows cannot be used as part of the pool barrier
- The barrier must not be configured to allow access by climbing on nearby property or items
In addition, the Act requires a residential swimming pool to have at least one of the following safety features to pass final inspection:
- Pool is isolated from house by enclosure that meets pool barrier requirements
- Equipped with an approved safety cover
- All doors and windows providing access to the pool must have an exit alarm
- Every door that provides access to the pool must have a self-closing and self-latching device with a release mechanism no less than 54 inches from the floor
- Special alarms that activate upon motion sensor, pressure, sonar or laser which sound when detecting unauthorized or accidental pool access
Commercial Swimming Pool Laws
As you might expect, commercial or public swimming pools have even more stringent requirements under Florida law. They must meet safety inspections and have a valid permit in order to operate. They also must have each of these specific safety features:
- Decks and walkways at least four feet wide and slip-resistant
- Equipped with a ladder, swim-out, or step for every 75 feet of the pool’s perimeter
- Self-closing and self-latching fences that at least 4 feet high from the ground
- An anti-entrapment system
- Safe storage of chemicals to prevent access by unauthorized persons
Drowning Accident Damages
Drowning accidents can cause devastating injuries and far too often, death. They are so dangerous and impactful because even just minutes of oxygen deprivation is likely to cause permanent and life-long brain damage to the victim.
Damages for drowning cases include the following:
- Past and future medical bills,
- Past and future pain and suffering,
- Long-term nursing and rehabiliation care,
- Permanent disability,
- Lost wages,
- Loss of future earning capacity, and
- Mental anguish
In cases involving death, the victim’s family members also have certain rights at law to recover under the Wrongful Death Act.
Summary
These cases are serious and require the right representation. Drowning accident victims and their families should rely upon an attorney with experience handing these kinds of cases who knows how to navigate the law and obtain justice.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced drowning accident attorney.
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