Florida Child Injury Lawyer Blog

Florida has great weather. Many municipalities, cities, and counties have swimming pools in place for residents and visitors. Public swimming pools are a common fixture in cities and towns across Florida. A good questions was recently posted to me as follows:

Are Lifeguards required at Florida public swimming pools?

Pursuant to Rule 64E-9.008 - Supervision and Safety, "all owners, managers, lifeguards, or swimming instructors in charge of, or working at, public swimming pools shall be responsible for the supervision and safety of the pool." The rule also states that "lifeguards or swimming instructors, if provided, shall be in full charge of persons using the pool and shall have authority to enforce all rules."

The language of this rule leaves some wiggle room by using the phrase "if any". The most logical interpretation of the rule points to a requirement that the pool be staffed with lifeguards. The Department of Health issues these rules and regulations. If there is a problem with a public pool and its safety measures, parents and caregivers should discuss this matter with the pool manager and / or the Department of Health. If there is a child injury resulting from the lack of supervision or negligent supervision at a public swimming pool or even private swimming pool, contact a Florida Child Injury Lawyer for consultation, advice, and legal representation.

For pools that are exempt from supervision or regulation in Florida, see Florida Statutes, Section 514.0115 - Exemptions from Supervision - Regulation - Variances.

Valeria Maxon and her husband lived in Mansfield, Texas, with their son, Alex. In 2006, Alex’s doctor told the Maxons that the child was developmentally disabled. The couple took the child to a Florida child therapy center.

It was at this time that Ms. Maxon started showing signs of mental illness, saying that Alex was dying and it was her fault because she was a bad mother. She was hospitalized for several days in Florida until her husband released her to return to Texas. After returning home, she became more delusional, saying that she was possessed by Satan and that their son was the Antichrist.

Both Ms. Maxon’s sister and one of her psychiatric doctors warned Maxon not to leave Alex alone with his mother. But in 2008 he left the house for an hour and half; when he returned home his wife informed him that she had drowned Alex in the hot tub. Ms. Maxon was arrested and charged with capital murder. She was found not guilty by reason of insanity, and was sent to a maximum security mental hospital.

That same week, Maxon was charged with abandoning his son and placing him in imminent danger of death or injury. Prosecutors argued that a reasonable person would not have left the baby with his mother when she was so clearly mentally ill. Jurors deliberated just over a half an hour before returning a guilty verdict. The maximum sentence for second degree murder in Texas is twenty years in prison.

Read more about this sad case at Mansfield father found guilty in wife's drowning death of baby.

Professional “mommy blogger” and stay at home mom, Shellie Ross of Merritt Island, Florida, surprised her 5,000 Twitter followers recently by Tweeting all the details of the drowning death of her two year old son Bryson. The child reportedly wandered off from his eleven year old brother and fell into the family’s pool. A few minutes before the child wandered off, Ms. Ross was tweeting about the weather, then suddenly started asking followers for their prayers as she rushed with the child to the emergency room.

The online community was shocked by Ms. Ross’ announcement and the fact that she continued to Tweet about what was going on as she waited for news of her son’s fate in the emergency waiting room. Family members and the Brevard County, Florida Sheriff’s Office do not agree; they say that they believe tweeting had nothing to do with this tragic accident. Ms. Ross has locked her account and has not sent any more tweets since immediately after Bryson’s death. You can read more about this tragic drowning death and the online community’s reaction to it at Tweet sorrow.

Yamile Campuzano-Martine was on her way to the airport to pick up a relative. She had two children in the car with her. Reportedly, her six-year-old child was riding in the woman’s lap when she lost control of the vehicle and crashed into a fish tank that was part of an exhibit at the Tampa Bay International Airport.

The collision destroyed a 1,500 gallon tank, worth $50,000 - 100,000. The tank held about 30-40 saltwater fish, worth $3,000 - 5,000, none of which were expected to live. The detroyed aquarium was part of the airport’s “El Movimiento del Mar” public art program. TIA reportedly spent $200,000 on the exhibit; the fish and tank maintenance were provided by the aquarium.

Ms. Campuzano-Martine was cited for careless driving, failure to use a child restraint device and failure to provide a driver's license. It appears that no one in the car was injured seriously, and Ms. Campuzano-Martine declined a hospital visit for the six-year-old boy. No one in the airport was injured.

Parents should always make safety and security a priority for children when they are riding in a vehicle. This includes the use of seat belts and child safety seats. According to Florida state law, all passengers of a vehicle under the age of 18 years old must be restrained by a safety belt or child restraint device, and it is the driver’s responsibility to make sure they are in compliance. In this case, the six-year old should have been wearing a seat belt. While it is always important to follow the law, it is even more important to provide for the safety of children when they are in riding in a vehicle.

You can read more about this car accident involving two children at With child in lap, woman drives into TIA fish tank.

The simple activity of riding in a small Jon boat in a pond can at times be very dangerous. This is especially true when there are children involved and no life jackets worn by the children. The News 4 Jax Website reported that police and firefighters searched a pond recently in the Mandarin part of Jacksonville, Florida for a child who fell out of the Jon boat. Actually, three children fell out of the Jon boat but only two were able to make it to safety. A good samaritan tried to find and save the third child but was overcome by his swimming efforts to save the child. The incident happened near the Woodbridge at the Lake Apartments. As part of this investigation, it would be helpful to know the following:

Who owned the boat?

What were the ages of the three children involved in this incident?

Where did the children reside?

What safety precautions were followed by the children?

What safety precautions if any were available to the children?

It is a tragedy any time that a child suffers serious personal injuries or death when the incident could have otherwise have been prevented. Practice safe boating every time and and any time that you are out on a boat.

In Florida, there are swimming pools in virtually every neighborhood. Children enjoy swimming and playing in swimming pools. It is vital that swimming pools are properly fenced / gated to keep young children out of the swimming area. Adult supervision should be consistently provided any time that a child is in or near a swimming pool. Two deaths were recently reported. In Marion County (Ocala, Florida), a 10 year old autistic boy (Bernard C. Latimore), who was reported missing from his home, drowned in a neighbor's swimming pool. In a separate unrelated incident, a 3 year old girl drowned in an apartment complex swimming pool. The deaths of these children is certainly a great loss for their families, neighborhood, friends, and the community. It is certainly tragic that an area built for fun (swimming pool) turns into a site of death of a young child. You can read more about these incidents at Two Children Found Dead in Separate Florida Drownings. See Florida Residential Swimming Pool Act is for the protection of children.

The Jacksonville (Florida) Sheriff's Office is investigating the recent drowning death of a child in a retention pond behind an apartment complex. Florida has a law that requires swimming pool owners to have a fence or barrier around the pool. Pursuant to Section 515.29, Florida Statutes, the barrier must be at least 4 feet high from the outside. You can read more about the barrier requirements at the Official Site for the Florida Statutes - Section 515.29. Unfortunately, there is not a similar law in place for retention ponds at apartment complexes. When there is a body of water surrounding a business or apartment complex, Florida law does not require a barrier around every single body of water. Each case or situation would be judged on its own merits. The following questions would apply:

How close was the body of water / retention pond to the apartment complex?

Were children known to play or be in the area near the retention pond?

Have there been other incidents when a child has fallen in, played in, or drowned in the retention pond?

Would the retention pond qualify as an "Attractive Nuisance" to children under Florida law that could, in turn, require the apartment complex to have a barrier around the pond?

The 1 year old who drowned and other children were being watched by his mother when the incident took place. Some how, the child wandered away and into the retention pond. It was reported that a resident of the apartment complex was concerned that there was no a fence around the retention pond.

It is certainly a sad moment in time for the family of this small child and the community when a child this young dies as a result of a preventable incident. You can read more about this story at 1 Year Old Child Dies / Downs in Jacksonville, Florida.

The Associated Press and the Gainesville (Florida) Sun reported that a 10 year old from Polk County died from an disease / infection that he acquired from an Auburndale, Florida lake. The name of the infection is Primary Amoebic Meningoencephalitis. Symptoms from this disease / infection can include fever, nausea, headaches, stiffness in the neck, and some confusion. Other symptoms can also include loss of balance and body control as well as seizures, and hallucinations. Naegleria fowleri is the infection that leads to this most serious and deadly disease. Naegleria fowleri forms in warm, stagnant bodies of freshwater. It forms typically in summer months. Since this disease is deadly / lethal if left untreated, a prompt diagnosis and administration of intravenous medication is vital for a chance of recovery or cure from this disease.

Florida has great beaches and many children and teens enjoy swimming in the ocean. With great fun also comes great danger. There have been many injuries and deaths that have resulted through the years due to rip currents in Florida. Brandon Martin went missing after a Saturday morning swim. He was found the next day as confirmed by officials with the Volusia County (Florida) Beach Patrol.

Rip currents are often times misjudged by children and teenagers. It is always best to use caution when swimming in the ocean. Speak to life guards and others experienced with this part of the beach and swimming area. If there is any question about the weather or rip currents, stay close to shore or just avoid going swimming that day.

The story about Brandon Martin was reported in the Orlando Sentinel Newspaper.

In Florida, rough waters, at times, claim the life of divers. In Miami Dade, Florida, Miami Dade Police reported that at diver (Antonio Gonzalez), age 24, recently drowned near the Fowey Rock Lighthouse near Key Biscayne, Florida. He was diving with two friends at the time.

I grew up in Miami and went snorkeling from time to time in and around Key Biscayne. Fortunately, I did not encounter any unexpected weather or ways. I also tended to swim close to shore and safety.

Since weather and waters can be very unpredictable, it is important to take safety precautions when diving, snorkeling, or swimming in Florida waters. While not all drownings are preventable, a great many can be avoided by take the appropriate safety precautions while participating in water related / swimming / diving activities. Boaters and swimmers should pay close attention to weather condition and always act on the side of caution and safety.

You can read more about the drowning in Miami Dade County at Diver Drowns Near Key Biscayne, Florida.

In Florida, there are thousands if not millions who have a passion for fishing. Some spend the better part of the weekend and even the week boating and fishing in Florida waters. Recently, a father and son (William Reed and John Reed), both experienced fishermen, drowned while participating in a Bass fishing tournament. Neither man was wearing a life jacket or life vest while fishing.

From a safety standpoint, it is important for all men, women, and children who are boating on Florida waters to wear a life vest or life jacket. Professional and amateur fishermen may avoid or bypass such safety devices to gain a competitive edge for fishing. While this is understandable from a competition standpoint, it makes no sense from a safety standpoint. Safety should always trump competition.

You can read more about this story at Bass Fishing Tournament - Father and Son Drown.

In Ponte Vedra (St. Johns County), Florida, a young man died a hero. Jarrel Stewart, age 17, was at Mickler's Beach with his girlfriend. Jarrel observed that his girlfriend was having trouble in the rough surf and swam out to her to assist her. Unfortunately and tragically, the rip currents appeared to have dragged Jarrel under and caused him to drown. His girlfriend was able to make it back to the shore safely. Surfers in the area tried to locate and assist Jarrel to no avail. Even though Jarrel was young and had good conditioning from the football program at Mandarin High, the strong currents and surf overpowered Jarrel.

Due to the age and circumstances of his death, I expect that there may be an autopsy to determine if there were any other causes or explanations for the untimely and tragic death of this young man.

The death of Jarrel Stewart is certainly a loss for his family, girlfriend, and the community. You can read more about this story at Mandarin (Jacksonville) High School Football Player Drowns at Mickler's Beach.

Another drowning has been reported in Florida. An 8 year old boy from Casselberry, Florida was swimming with his father in Lake Maitland when the boy began to struggle. The father tried to help the boy but he also began to struggle and almost drown. Both were swimming off of Dog Island. People came to help and pulled both father and son into a boat. Rescue personnel then provided care to the father and son. The boy was later pronounced dead at Florida Hospital - Orlando, Florida.

The untimely death of this 8 year old shows the dangers of swimming in Florida lakes. Accidents and drownings do happen; however, parents and others supervision children should do their best to arrange for reasonable safety precautions when swimming. Swim in shallow water. Swim with a buddy and near a flotation device. Never overestimate your swimming abilities or those of a young child. Furthermore, never underestimate the dangers of swimming in a lake, pond, river, or other large and deep areas of water.

You can read more about this tragic drowning at Boy Drowns Near Dog Island in Lake Maitland, Florida.

In Florida, we have great weather and water every where. While the various lakes, rivers, oceans, and canals are great fun for adults and children, they are also very dangerous areas to small curious children. In St. Johns County, Florida, a 3 year old was reported to have nearly drowned in a pond near his home. While his father was working on a deck at the home, the 3 year old wandered into a nearby canal. The family dog was acting oddly apparently in an attempt to alert the father that something was wrong. Soon thereafter, the father found the boy in the pond. The father then brought his son to a neighbor's house and started CPR. JSO Deputy Loren Schneider later heled with the CPR and the child was transferred to Flagler Hospital and later transferred to Wolfson Children's Hospital.

The family dog should be rewarded with a nice meal or bone. Also, the actions of Deputy Loren Schneider and medical providers should be commended for saving this child. Hopefully, the child has a full recovery from this almost tragic incident. This story shows how children can be curious and put themselves in danger. Drownings can happen in mere minutes. As such, if you have home with a pool or that is near a waterway, keep constant supervision of your small children. You can read more about this story at St. Johns County Florida Child Nearly Drowns in Nearby Canal.

Walt Disney World's Typhoon Lagoon was the site of a recent report of the molestation of a 13 year old boy at a water park in Orlando, Florida. David Eugene Thomas has been charged with the molestation / victimization of the child. It was reported that Mr. Thomas was an employee of Amazon.com. It is believed that Mr. Thomas may have molested 6 other children as well.

Why are children being molested at Orlando Water Parks? The fact that multiple incidents have taken place over this summer has caused management at some water parks to review their security measures and acts to protect the health, safety, and welfare of children at these parks. You can read more about this story at Why Are Children Being Molested at Florida Water Parks?

In Orlando, Florida, there are many water parks including several at Walt Disney World. For most, being at theme park is a pleasant and enjoyable experience. For some, theme parks are reminders of traumatic incidents, personal injuries, and even deaths at times. Recently, a 15 year old girl reported that a 51 year old New York man pulled off her bikini top and touched her chest. The Orange County Sheriff's Office reported that Robert Chester Double, Jr., age 51, was arrested for the incident at the Typhoon Lagoon Water park. He was charged with the crime of lewis and lascivious molestation. Newspaper reports did not indicate what legal defense, if any, Mr. Double had regarding the charges. The evidence in place, whether through video or other eyewitnesses, was also not reported. This story shows that even in large crowds at theme parks - there are dangers lurking for small children and teenagers. You can read more about this story at Man Charged with Crime at Orlando, Florida Water Park - Molestation of Teen Victim.

As a followup to a prior post on this incident, a Jacksonville man (Andrew Gomez) - age 18 - has been criminally charged with the drowning death of a mother (Tiffany Cecconi) and her daughter (Kaylani). Prior news reports on this story stated that a mother and daughter drowned at the same time. The story seemed odd in that an apparently healthy 18 year old and her baby drowned at the same time in a swimming pool. Investigation by the Jacksonville Sheriff's Office along the State Attorney's Office led to the arrest of Mr. Gomez who is being held without bail in the Duval County / Jacksonville, Florida Jail. When authorities / law enforcement arrived on the scene, they found Andrew Gomez naked in the pool. By this time, Tiffany was already dead. Kaylani was later pronounced dead at the hospital.

The untimely and deaths of Tiffany and Kaylani are tragic events for their family and the community. You can read about this story at Man Arrested for Drowning Deaths of Mother and Child - Jacksonville, Florida.

An 18 year old mother (Tiffany Cecconi) and her daughter (Kaylani) died in an Arlington community swimming pool. News reports from the Florida Times Union and News 4 Jax did not contain some details as to this incident. In particular, it would be important to know the following:

*how long was Tiffany Cecconi in the pool?
*what was Tiffany's level of skill as to swimming?
*what safeguards were in place at the pool to prevent drownings?
*were there lifeguards posted at the pool?
*what flotation devices (if any) were in use by Tiffany Cecconi or her daughter?
*was Tiffany Cecconi taking any medication prior to using the swimming pool?
*was the swimming pool properly maintained?

Due to the ages of these drowning victims and the many questions as to the causes and reasons for deaths, it is expected the the medical examiner for Duval County (Jacksonville) will conduct autopsies as part of this investigation. It is certain a tragic loss for the family of Tiffany Cecconi and her daughter, Kaylani, and the community. You can read more about this story at Mother and Daughter Drown in Community Pool in Jacksonville, Florida.

In Florida and other states, summer time brings warm weather and an opportunity to enjoy various swimming and aquatic activities at theme parks, water parks, public pools, and other areas. Unfortunately, these activities and locations also have been targets of child predators and sexual offenders. There have been several incidents reported at Wet N Wild (rape of a 14 year old girl) and Seaworld's Aquatica (molestation of three girls). Parents should only have to worry about sunscreen and supervision while swimming. In today's world, parents and caregivers must be diligent about supervising their children and keeping them safe from child predators and sex offenders. This includes supervision in locker rooms and changing areas. You can read more about this story at Sexual Incidents at Water Parks in Orlando, Florida Prompts Review.

Michael Grady will forever be a hero to his son, family, and the community. While on vacation in North Carolina, 12 year old, Austin Grady, got stuck in some boulders in a mountain stream. His father, Michael Grady, got into the water and positioned himself to save his son and keep his son above water. Tragically, Michael Grady got trapped as well and ultimately died from hypothermia from being in the water too long. The incident happened in the Cullasaja River near Highlands, North Carolina. You can read more about this story at Father Loses His Life Saving Son from Drowning in North Carolina.