As summer quickly approaches, water safety becomes more important than ever. According to the National Drowning Prevention Alliance (NDPA) and the Center for Disease Control and Prevention (CDC), drowning takes the lives of 3,500 to 4,000 people each year, and there are approximately 8,000 nonfatal drownings each year. Additionally, drowning is the leading cause of unintentional injury-related death in children ages one to four.
How to Prevent Drowning?
For every child who dies from drowning, another eight children are taken to the hospital for treatment for a non-fatal drowning. With 23% of child drownings happening during a family gathering near a pool, it is important to understand the surroundings and your environment. The lack of barriers around pools and other natural waters is a leading contributing factor in the majority of drowning deaths. With preparation and attention, many of these childhood drownings and near-drownings can be prevented.
According to the CDC and NDPA, you can prevent drowning by:
- Learning basic swimming and water safety skills;
- Putting up barriers or safety fences with self-closing and self-latching gates that fully enclose the pool;
- Supervise children near or in any water source very closely;
- Wear a life jacket; and
- Learn CPR.
Importantly, drowning can happen in as little as 20-60 seconds. It is essential that children take formal swim lessons and learn to swim, which can reduce the risk of drowning by 88% in children ages one to four.
Negligence Claims in Florida
In Florida, a claim for negligence can be brought if the following four elements are established:
- A legal duty owed by the defendant to the plaintiff;
- Defendant breached the duty;
- Plaintiff suffered an injury; and
- Defendant’s breached duty caused the injury.
A property owner generally has a duty to maintain the property in a reasonably safe condition, to comply with all applicable building and safety codes, and to warn guests of any known dangers. For example, an apartment complex with a swimming pool has a duty to ensure that the pool is enclosed with an appropriate fence or barrier to prevent children from wandering into the pool area unsupervised. When a property owner breaches its duty and harm results, the property owner may be liable for the harm caused.
If your child experiences a near-drowning and suffers an injury, you may be able to bring a claim against the responsible party for negligence, and other claims.
Wrongful Death Claims in Florida
The Florida Wrongful Death Act allows a claim to be made as a result of a death that was caused by a wrongful act. Those who may recover for a wrongful death are identified as statutory survivors by Florida law, and generally may include a spouse, children, parents or other dependents. Determining who the statutory survivors are is imperative to putting together a potential claim.
If your child dies as a result of drowning, you may be able to bring a claim against the responsible party or parties pursuant to Florida’s Wrongful Death Act.
Romano Law Group has a team of dedicated and experienced attorneys who have decades of combined experience in handling negligence and wrongful death claims and will work with you to get the justice you deserve.
Do I have a Claim?
If your child is harmed as a result of an unintentional drowning or near-drowning, you may have a claim. An attorney can help you make this determination after discussing the facts and circumstances surrounding the tragic event. Calling an attorney who devotes his or her practice to negligence and wrongful death claims is essential as soon as practical after the event to ensure that critical evidence is preserved and an investigation can be started timely.
Authored by Hali E. Marsocci, Esq.
