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Drowning accidents are some of the most devastating events that can happen to a family. As pool owners and swimmers, it’s important to understand how these types of accidents occur and what you can do to prevent this horrifying accident from happening to you or someone you love.
Drowning in Florida happens frequently enough, especially in the summer months when families are outside enjoying the warm weather and their backyard pools. A drowning accident lawyer in Florida can show you all of your legal options. Our team will help determine if your loved one’s death was due to negligence by the property owner or someone else.
How Does Drowning Occur?
According to the Centers for Disease Control and Prevention (CDC), there are an average of 3,536 fatal unintentional drownings each year in the United States. That’s about ten deaths each day.
Drowning occurs when a person’s head is submerged under water, and they are unable to breathe. It can happen quickly and quietly, and it can happen to anyone. The best way to prevent drowning is knowing how to swim and using life jackets when appropriate.
A few common causes of drowning accidents include:
- Not knowing how to swim
- Lack of swimming ability (aka being a weak swimmer)
- Lack of effective barriers around water (such as four-sided fencing around a pool)
- Lack of supervision
- Not wearing a life jacket
- Drinking alcohol
- Prescription medications
Who Is Most At Risk For Drowning?
According to the CDC, about half of all drowning victims are children ages 14 or younger. More than three-quarters of drowning victims are male.
Some ethnic groups experience higher drowning rates. African Americans have a higher drowning rate than whites and Hispanics. They’re 1.5 times more likely to drown than white children in pools, bathtubs, and other places with water. Indigenous groups, including Native Americans and Native Alaskans, also see an increased risk.
People with seizure disorders or a lack of motor skills are also more likely to be in a drowning accident. This can happen in both swimming pools and bathtubs.
Child Drowning Victims
Children are the most at risk for drowning and drowning-related death. The highest drowning rates belong to ages 1-4, followed by children ages 5-9. Most of these drowning accidents occur in swimming pools. In children aged 1-4, drowning is the second leading cause of accidental death. This is why life jackets are so important.
Who Can Be Held Liable For Preventable Drowning Deaths?
Unfortunately, drowning accidents happen all too often in the state of Florida. If you or a loved one has been the victim of a preventable drowning, you may be wondering who can be held liable.
First and foremost, the swimming pool owner may be held liable. If they did not take the precautions to ensure that the pool was safe, they might be found negligent. This is true for a residential pool owner, a hotel pool, or a community pool managed by a Homeowner’s Association (HOA).
Seeking Compensation After A Pool Drowning Accident With An Experienced Attorney
If you or a loved one have been the victim of a swimming pool drowning accident, you might feel confused and unsure of where to turn. An experienced attorney can help you navigate the legal process and seek the compensation you deserve.
At Denmon Pearlman, our team of dedicated personal injury attorneys has extensive experience handling swimming pool accident cases. We understand the physical, emotional, and financial toll these accidents can take on victims and their families. We will fight day and night to get you the justice and compensation you deserve.
Economic damages in swimming pool accidents can include medical bills, lost wages, and funeral expenses. If you or a loved one has been involved in a drowning accident, it is essential to speak to an experienced lawyer who can recover the compensation you deserve.
You may have incurred medical bills and lost wages while you were recovering from your injuries. Your employer may not have paid you while you were out of work, or they may have given you fewer hours than normal because you were not able to return to full-time employment after your injury. If these scenarios describe your case, an experienced lawyer can assist in helping you receive compensation for these losses as well.
Common Drowning Injuries
Common injuries from drowning include brain damage, respiratory problems, spinal cord injuries, respiratory distress syndrome, and cardiac arrest. In some cases, people who have drowned may also experience hypothermia. If you or a loved one has been injured in a drowning accident and now has a medical complication, it’s important to seek legal help as soon as possible for the injured parties.
In addition to economic damages, which are intended to compensate an accident victim for financial losses, non-economic damages may also be available. Non-economic damages are awarded for more subjective losses, such as:
- pain and suffering from drowning injuries
- emotional distress
- loss of enjoyment of life
In a drowning accident case, non-economic damages may be available to the victim or the victim’s family.
When someone else’s negligence results in a drowning accident, the victim or their family may be able to file a personal injury lawsuit. Common negligence claims in drowning accidents include failure to provide adequate supervision, failure to maintain the pool, and failure to post warning signs.
Additionally, if there were lifeguards on duty at the time of the swimming pool accident, they may also be held liable. The court would have to determine that they were not properly trained or did not take proper precautions at the public pool in question. You may be able to recover compensation for this.
When a drowning accident occurs, the first question that must be asked is whether the landowner or occupier of the premises where the drowning accident occurred can be held liable. This is typically referred to as premises liability.
To hold a landowner or occupier liable, it must be shown that they owed the victim a duty of care and that this duty of care was breached, resulting in the victim’s injuries or death. At a private pool, for example, you can hold the property owners responsible if they do not have effective barriers around the pool.
Many Florida neighborhoods have a community pool, so be sure to look for adequate signs warning of the potential dangers or risks of swimming and that your HOA properly maintains all pool equipment.
Wrongful Death Lawsuit
When a death occurs due to the negligence of another, the victim’s family may be able to file a wrongful death claim. If you have suffered the loss of a friend or loved one in a drowning accident, you should speak with a Florida wrongful death lawyer as soon as possible.
Our experienced drowning accident lawyers can help you understand your legal rights and options and can fight for the compensation you deserve.
Request a Free Drowning Accident Consultation Today
If you or a loved one have been the victim of a pool drowning accident, you may be feeling scared, confused, and overwhelmed. You may be wondering how you will pay for medical bills and other expenses related to the accident.
An experienced swimming pool & drowning accident lawyer in Florida can help you seek financial compensation for your damages. At our law firm, we have experience handling these types of cases and can fight for the compensation you deserve.
Contact the Denmon Pearlman team today for a free consultation. Our team services the Tampa, Saint Petersburg, and New Port Richey areas. Your drowning accident attorney will work to get you the maximum compensation after pool accidents in Florida.
Frequently Asked Questions
Is drowning considered an accident?
When most people think of drowning, they think of it as an accident. While that is sometimes the case, there are also times when drowning is the result of negligence on the part of the property owners. If you have been injured in a swimming pool or drowning accident, you may be able to file a personal injury claim against the responsible party.
What is a drowning accident?
If you or a loved one have been the victim of a drowning accident, you may be wondering if it was truly an accident. In many cases, drownings are preventable and the result of negligence. If you believe that someone else’s negligence caused your or a loved one’s drowning, you may be able to file a lawsuit. An experienced legal team can help you investigate your case and determine if you have a valid claim.
How long do you have to contact a lawyer after an accident in Florida?
You have up to four years to file a personal injury lawsuit in Florida. This time limit is known as the statute of limitations. If you try to file a lawsuit after this period has expired, the court will likely refuse to hear your case. There are some exceptions to this rule, but it’s best to speak with a lawyer as soon as possible after an accident.
We have your back. Whatever you might be suffering from, accidents, injuries or medical malpractice, we have you covered throughout Florida