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Filing Wrongful Death for a Swimming Pool Drowning Accident

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July 6, 2023

Wrongful Death

The Maderal Byrne & Furst PLLC legal team can assist you with filing wrongful death for a swimming pool drowning accident. If you have lost a loved one because of a tragic swimming pool drowning, our team will go above and beyond to achieve justice for you. Contact us today to talk about your situation.

Swimming Pool Drownings and Wrongful Death

A swimming pool drowning leaves family members grieving and wondering how to go on. Family members may have the option to file a civil lawsuit.

Pool Drowning Statistics

  • Pool drowning claims the lives of 350 children each year in the United States.
  • Florida ranks first in the United States for pool drownings. In a three-year period, more people died in pool drownings in Florida than in any other state.
  • From 2018-2020, there were 410 pool drowning deaths in Florida.
  • Nationwide, 3,709 people drowned in 2017.
  • In Florida, the top cause of accidental death for children under five years old is drowning.
  • Drowning ranks third in causes of accidental death for ages 5-19. Car accidents and accidental suffocation are the top two causes of accidental death for the age group.
  • For children under 15, (74%) of drownings happen at a residence.

Risks of Deadly Pool Accidents

Here are some of the potential causes and contributing factors of deadly pool accidents:

  • Inadequate inspections and maintenance
  • Lack of barriers around the pool
  • Not having a door alarm to alert to child trespassers
  • Slide accidents, dangerous designs of slides
  • Overcrowding
  • Too little supervision, a lack of lifeguards or lifejackets
  • Slippery surfaces around the pool
  • Poor lighting
  • Failing to shut down an outdoor pool in dangerous weather
  • Medical incidents
  • Alcohol and drugs, prescription medications
  • Having steps and ladders leading to an above-ground pool where a child can access them
  • Leaving toys around the pool where they are attractive to children
  • Not having rescue equipment by the pool
  • Drain and suction malfunctions

(CDC, Drowning Facts).

Who may be liable for a swimming pool death?

Any of the following parties may be liable for a swimming pool death:

  • Owners
  • Management companies
  • Manufacturers
  • Pool installers

There are many parties that may be responsible for swimming pool safety. The owner of the pool must care for their pool and its security. A management company may oversee pool operations for a commercial pool or entertainment complex. Sometimes, the dangerous condition that caused the drowning relates to a manufacturing, installation, or design defect. Any of these parties may be responsible for a pool drowning.

Why file wrongful death for a swimming pool drowning?

Filing wrongful death for a swimming pool drowning accident may accomplish several objectives. First, it may provide financial compensation. The monetary payment the family receives can assist with expenses, including funeral and burial costs for their loved one.

Second, bringing a claim helps family members receive justice. In a case, the defendant is the party or parties with legal fault for what occurred. They are made to answer for what happened. The case may result in a finding of liability and accountability.

Third, taking action may prompt people to make changes. The case may raise awareness and help others do things differently.

Finally, filing wrongful death for a swimming pool accident can give the grieving family answers. The defense must answer questions and produce evidence during the case process. With the information learned, the family may better understand what occurred and get answers to any remaining questions.

Wrongful Death for Pool Drowning – FAQs

What if the child was trespassing? Is it still possible to have a wrongful death case for a swimming pool drowning?

Yes. Florida law recognizes that certain things are attractive to children. Swimming pools are an example. Property owners must recognize that a pool is an attractive nuisance, and children may try to enter the area and swim unattended. Owners must take sufficient precautions to protect children.

Can parents file a wrongful death claim for a swimming pool drowning accident of a child?

Yes. When a pool drowning victim is a minor child, parents may bring a wrongful death claim. The claim focuses on the loss of relationship and the mental pain and suffering of surviving parents.

What damages are payable for a wrongful death for pool drowning in Florida?

Florida Statutes § 768.21 lists the damages that beneficiaries may claim for wrongful death, including claims involving pool drowning. Survivors may recover the value of lost support and services reduced to present value, mental pain and suffering, and loss of companionship. Minor children may recover for lost parental instruction and guidance. A survivor who pays medical or funeral expenses may recover them.

How long do you have to file a wrongful death for a swimming pool drowning in Florida?

How do I start a wrongful death for a swimming pool drowning?

Starting a wrongful death for a swimming pool drowning involves identifying who has legal responsibility, preparing legal documents, and filing them in the appropriate court. The legal documents must state the basis for the wrongful death claim.

Lawyers for Wrongful Death for a Swimming Pool Accident

To see if filing wrongful death for a swimming pool drowning is right for you, we invite you to contact our lawyers to discuss your situation. We value the time spent talking with prospective clients. If you have lost a family member, our team can discuss your options, answer any questions you may have, and explain how we may represent you in bringing a wrongful death claim.

Talk to a Lawyer – Consultations Available

At Maderal Byrne & Furst, we are trial lawyers and former prosecutors. When you lose a loved one in a swimming pool accident, our experienced team may provide legal representation for your family. Talk about your case today at your free consultation.

Get In Touch

(305) 520-5690

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Get In Touch

(305) 520-5690

Get in touch with Maderal Byrne & Furst PLLC by calling or using the form below:

"*" indicates required fields

Name*
This field is for validation purposes and should be left unchanged.