Florida is known for its beautiful waterfronts and climate that is perfect for swimming. Unfortunately, whether you choose to head to the beach, take out a boat, or jump in a pool, the fun of swimming always comes with the risk of serious and even fatal injuries. Contact our drowning accident attorneys for information and assistance today.
According to the Centers for Disease Control and Prevention (CDC), drowning is the fifth most common cause of death for individuals in the United States, and an estimated 10 individuals pass away every day in drowning accidents, many of whom are children. Many of these drowning deaths occur because of someone’s negligent act or omission. In such cases, Florida law allows surviving family members to bring a wrongful death claim against responsible parties. Wrongful death cases arising out of drowning accidents can be complicated and family members should always have the representation of an attorney who understands this type of case.
Negligence can lead to drowning
The following are some negligent acts that can lead to tragic and sudden drowning deaths and subsequent legal claims:
- Allowing access to pools — Regulations require that swimming pools have an adequate barrier and locking gate that will keep out unattended small children and keep them from unintentionally falling into the pool. If a pool owner does not have a proper barrier, they can be held liable for any resulting drownings.
- Inadequate maintenance of pools — Pool owners also have a duty to keep the pool properly maintained to avoid injuries. This can include having proper drain covers, keeping surfaces smooth and free from hazards, and providing the necessary warnings for swimmers. When a pool owner fails to keep the premises maintained, they can risk facing a wrongful death claim if a drowning occurs.
- Driving a boat in a dangerous manner — Boat trips too often involve inexperienced drivers, numerous distractions, and operating the boat while under the influence of alcohol. All of these can lead to boat accidents and drowning deaths.
The above are only a few examples of negligence that can cause drowning deaths and potentially liable parties. If surviving family members prevail in a wrongful death claim against a negligent party, they may recover for many different losses, including funeral and burial costs, medical expenses prior to the death, loss of companionship, loss of financial support, and more. The damages available in your wrongful drowning death case will depend upon the specific factors of your particular losses. Let our drowning accident attorneys help.