Swimming and Aquatic Injuries, Drownings, and Deaths
Florida is a state-wide tourist attraction due to its beaches, resorts, theme parks, water parks, swimming pools, lakes, and other waterways. Residents and visitors alike enjoy the warm Florida weather which allows for the enjoyment of swimming and the beach just about year round. While it is great to be a destination location for some many visitors and tourists, Florida has a distinction that is not so wonderful. Namely, Florida loses more children under the age of 5 years old as a result of drowning incident that any other state. Certainly, this is a list that Florida takes no pride in just sorrow for the loss of a life that may have been prevented with better supervision, maintenance, and safety measures.
Due to these troubling Florida statistics involving drowning related personal injuries and deaths, the Florida Department of Health created the website www.WaterproofFl.com as an Injury Prevention Initiative to encourage parents, supervisors of children, children care providers, and others to be mindful, watchful, careful, smart, and prepared any time that children are near a swimming pool or water way. As noted on this excellent website and resource, there are three Layers of Protection which include the following
- Supervision - Layer 1
- Barriers - Layer 2
- Emergency Preparedness - Layer 3
Even with adults, it is important to implement these steps for the safety of all persons and swimmers in or near a swimming pool or other water area. In the Spring and Summer months, pool parties and get togethers are quite common. A group of swimmers get together to play and swim in the water. It can be a day filled with fun and adventure. It can also be a day that turns tragic when a child, teen, or adult drowns and suffers personal injuries or dies as a result of the incident.
Like other personal injury cases and claims, there are four essential elements to prove in a civil case on behalf of a personal injury drowning victim as follows:
- Breach of Duty;
- Causation; and
The owner of a swimming pool, aquatic center, or other water area is not automatically liable for the personal injury or drowning just because the personal injury or drowning took place on the property owned, controlled, or managed by the Defendant. There must be a duty that is breached which, in turn, causes the damages or injuries that are subject to the claim or the case.
Personal injury cases related to drowning incidents can be quite difficult and challenging. Certainly, the aftermath of a drowning is a devastating time for the drowning victim (if the drowning victim survives), the family, friends, and community. It is at these challenging times that the family of the victim should seek out support and guidance from others including the services provided by a Florida Personal Injury Attorney.
David Wolf is a Florida Personal Injury Attorney with over 28 years of experience handling cases including those related to drownings, swimming, and aquatic personal injuries. He is the author of a number of books including the book titled When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act and the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know .