Jacksonville, Florida, USA downtown city skyline on St. Johns River.

Swimming and Aquatic Injuries, Drownings, and Deaths

Florida Swimming and Aquatic Injuries, Drownings, and Deaths

Aquatic Injuries 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:

  1. Duty;
  2. Breach of Duty;
  3. Causation; and
  4. Damages

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 30 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 .

Client Reviews
I was in need of legal advice and David was there to assist. I was given advice most attorneys would charge outrageous fees for. When I called David promptly replied, got a grasp of my issue and gave wonderful advice and then referred me to someone who could better handle my issue. I would highly recommend him and if anything else comes up, my first call will be to him. Tracey
David did a great job representing my family in a recent legal matter. He provided great communication in a clear, concise and timely manner. He thoroughly outlined what our options were and answered all our questions. We were extremely pleased with the outcome and highly recommend anyone seeking legal counsel to contact him. David
David Wolf has provided legal advice and representation to me on a variety of issues. I have referred family members and friends to him as well. Whenever a legal issue arises, he is the first person I contact because I am always provided prompt and practical legal advice. I know that I am not David’s only client but he sure does his best to make me and others feel that way. Jill Kestner
David did an outstanding job with my case from start to finish. He was professional and courteous throughout the process and he made sure that I stayed informed. I would recommend him to anyone seeking legal counsel. Adam
David Wolfe was very prompt in returning my call for advice. He was sensitive to my issue, gave clear legal advice, with creative options. Extremely thorough and caring. Will use him in future if in need again and will refer him to family and friends. Jo