Florida Child Injury Lawyer Blog

The wrongful death of a child is an event that can and does have a lifelong effect on a grieving parent. The Florida Courts have addressed the issue of damages awardable toa parent in a number of cases.

Due to the complexities of Florida law, a parent should consult with a Florida Personal Injury Attorney regarding the various issues that arise in these kind of cases. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Swimming and Water Park Injuries, Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can received this book for free at The ABCs of Child Injury.

In Gross Builders, Inc. v. Powell, 441 So.2d 1142 (Fla. 2nd D.C.A. 1983), a Florida wrongful death lawsuit was filed against an apartment complex where the family had resided. The Second District Court of Appeal in its opinion noted that Section 768.21, Florida Statutes, provided that each parent of a decased minor child could be awarded damages for pain and suffering. The Court also noted that a jury could consider the joint life expectancies of the child and the parents in making the decision as to the award of reasonable and appropriate damages. This case centered around the tragic death of Franz Powell, age 3. It was reported that Franz drowned in the apartment complex swimming pool. The jury returned a verdict in favor of the family. In considering and entering the verdict on this case, the Judge gave the jury instructions as to wrongful death damages and guides.

The trial judge instructed the jury that Florida's Wrongful Death Act provided that parents of a deceased minor child are entitled to recover pain and suffering related damages following the death of the child. Florida law allows a jury to consider the joint life expectancies of the parents and child to award damages. Florida law recognizes that a parent's pain and suffering associated with the loss of a child can and does extend well beyond the child's age of minority. In other words, the grief or loss of a child does not stop at the age of 18 or 21 but can and does extend to the lifetime of the parent. Had the child lived, the parent would have been able to spend and enjoy years upon years of the parent / child relationship. Tragically, these years are robbed from the parent when a negligent or careless act causes the untimely and preventable death of a child.

In Florida, children are victims of accidental drownings in residential pools, resort pools, hotel pools, rivers, ponds, canals, lakes, and water parks. In many of these drowning incidents, the person responsible for supervising the child fails to provide appropriate supervision. Sometimes, there is a maintenance or facility defect in the pool or at the water park. If negligence causes or significantly contributes to the Florida Wrongful death / drowning of a child, a parent can bring a wrongful death lawsuit against the responsible person and / or business. The Florida Wrongful Death of a minor child can be very complicated from a legal standpoint. There are many laws and statutes on point as well cases that deal with Florida Wrongful Death cases. A Florida Personal Injury / Florida Child Injury Lawyer can help a family through the legal issues of a wrongful death case including the setting up of an estate, reviewing insurance documents, reviewing police reports and autopsy reports, assessing liability, hiring investigators, reviewing medical records, review medical bills, pursuing a liability claim, and, when necessary, litigating the case to enforce the rights of the grieving parents to compensation for the wrongful death of the child.

Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes. In Section 768.20, Florida Statutes, the Florida Legislature designates the person who can bring a wrongful death case on behalf of a child. In this Florida Statute, the lawsuit or claim must be brought by the personal representative of the estate of the child. Even if the child died without any assets and was a minor at the time of the death, an estate must be set up through a Florida Probate Court and must appoint a personal representative to pursue the lawsuit on behalf of the estate and the statutory survivors of the child.

There was an interesting legal case a few years ago that dealt with the drowning death of a minor child. In Hudson v. Moss - 653 So.2d 1071 (Fla. 5th D.C.A. 1995), the parents of a minor child filed a lawsuit against the owners of a residential swimming pool for the drowning death of the minor child. The jury determined that the swimming pool owners were 10 % at fault and the father of the child was 90 % at fault. It appears that the mother was not present at the home at the time of the drowning so no fault was assessed against the child's mother. The jury awarded damages to each parent in the amount of $500,000 each. The mother's award was reduced by her percentage of fault. The father was awarded 100 % of his damages from the pool owners even though the pool owners were only assessed 10 % of the fault. The Fifth District Court of Appeal noted the Section 768.20, Florida Statutes provided that "a defense that would bar or reduce a survivor's recovery if he were the plaintiff may be assessed against him, but shall not affect the recovery of any other survivor." Because of this Florida Statute and the Court's legal interpretation of the same, the mother's award in this case was not affected or reduced in any way due the negligence of the father.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Water Park Injuries and Drownings, Damages / Compensation, Medical Bills / Medical Treatment and other topics. Get a free copy of this book at The ABCs of Child Injury.

A tragic Florida watercraft accident was reported on Lake Joanna (Central Florida). The Florida Fish and Wildlife Conservation Commission reported that Nicholas Polk - age 14 - died as a result of the crash. Four teens went onto the lake together to ride the personal watercraft. While all of them were wearing life vests, none of them according to news reports had taken the State of Florida required boating safety course. The incident took place as two of the personal watercraft vehicles were speeding towards each other. Both turned in the same direction and the crash occurred.

The death of Nicholas Polk was certainly a tragic loss for his family, neighborhood, friends, and community. See Teen Dies as as Result of Personal Watercraft Crash in Central Florida.

Parents are faced with many challenges in dealing with the Florida wrongful death of a child. The death of a child is typically unexpected and a total shock to the family. Family and friend support are vital when a child dies. The support of the family's church / religious institution can also be comforting. While legal issues are not the first to come to mind, many parents are in need of solid legal advice when a child suffers a personal injury or dies as the result of the negligence of another person, property owner, or business. A Florida child injury lawyer can answer many questions that arise when a child is hurt. In addition, there are books and other resources out there for parents including the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. The book has chapters on Medical Bills / Medical Treatment, Damages / Compensation, Swimming and Water Related Injuries, and other topics. See Free Book for Parents Dealing with an Unexpected Child Injury.

In Florida, swimming pools are in practically every community. In most instances, swimming pools provide fun and enjoyment for children as well as great scenery for a home. Unfortunately, at times, swimming pools can also be traps or areas of dangers for young children. It is well known that children are curious and do not always appreciate the dangers of swimming pools or other areas that seem interesting and fun to children. It was reported by the Jacksonville Times Union newspaper / website that an 18 month old girl drowned in a swimming pool in Satsuma (Putnam County), Florida. It was reported that family members and Putnam County Fire Rescue paramedics were unable to revive the child. See Toddler Drowns in Putnam County Swimming Pool.

It was a sad day and a great loss for the family, neighborhood, and community. As you can see, swimming pools are dangerous especially for children. All pool owners should take precautions to safeguard the pool area for children residing in the home as well as any children who may visit the home.

Florida's beaches and oceans are enjoyed by residents and tourists alike throughout the year. Unfortunately, many lives are lost every year due to drownings in Florida's oceans, rivers, swimming pools, and other water ways. The Volusia County (Florida) Beach Patrol reported that Richard Kerr drowned while in the Atlantic Ocean teaching his children how to surf. The incident took place in a location where there were no lifeguards posted on a day in which there was a strong current. Labor Day Weekend brought with it thousands of people to Volusia County beaches. It was a busy weekend for the lifeguards and for the Volusia County Beach Patrol.

Tragically, Richard Kerr was not breathing when he was brought ashore. He was later transported to the hospital where he as pronounced dead. The death of this father is certainly a great loss for his family, his community (St. Petersburg), as well as for the Daytona Beach community.

Whether the swimmer is an adult or child, due care should be followed when swimming or surfing in Florida's oceans. Not all beach areas are patrolled by lifeguards. Furthermore, the surf on some days are much rougher than others. You can read more about this story at St. Petersburg Florida Father Dies While Teaching Kids to Surf in Daytona Beach.

In Tampa, Florida, government agencies and pool owners are coming together to try and reduce the amount child drowning's that occur each year in Florida. As part of its Waterproof Florida initiative, the Florida Department of Health is giving away free pool door alarms to pool owners with children in eight counties that had the highest rates of child drowning's. The alarms attach to windows and doors leading to the pool area and can only be turned off manually. The best part about these alarms is that they are inexpensive, costing people only $30 to have them installed.

Having preventive devices like the pool door alarm is very important for homeowners with swimming pools in the State of Florida. In 2010, Florida led the nation in drowning deaths for children ages 1-4. In fact, Florida loses the equivalent of four classrooms full of pre-K children each year to drowning. The FDOH is hoping that these alarms, along with other measures, can help fix this escalating problem.

FDOH also encourages people to focus on swimming pool supervision and what to do in case of an emergency (CPR). Another way that people are taking an initiative is by enrolling their children in swim classes. At the Seal Swim School in Tampa, children as young as 16-months old are already learning how to swim and what to do, should they fall into the swimming pool.

For more on Swimming Pool Safety and Pool Alarms, see Florida DOH offers free pool alarms for some Tampa Bay counties.

On Friday, August 12, 2011, 1-year-old Miguel Vigo and his grandmother were getting ready to leave Heron Walk Apartments in Jacksonville, Florida to go for a ride in the car when all of a sudden Miguel was nowhere to be found. The grandmother had left the child unstrapped in the car seat in the driveway while she was preparing the back seat area for placement of the child car seat. After she realized that he was gone, the family spent the entire afternoon searching for the missing toddler in fear that he had been abducted. Tragically, with the help of the Jacksonville Sheriff's Office, the family discovered Miguel's body in a ditch only 12 feet from the grandmother's car. Police reported that there was no evidence of foul play or neglect in the case.

While the thoughts and prayers of many go out the family of this young infant, it is a story that is told far to often during the summer time in Florida. Almost every year, Florida has one of the highest infant drowning rates in America, including 63 drowning-related deaths of children ages 1-4 in 2009 (#1 cause of death for children in the age bracket). Recognizing that the State of Florida had the highest early childhood accidental drowning rate in the nation, the Florida Office of Injury Prevention began a public outreach campaign in 2006, using its Injury Surveillance Data System to target the most affected counties. From 2007 to 2009, the campaign, “Keep Your Eyes on the Kids,” helped reduce the number of children ages 1 to 4 who drowned by 15 percent, and the drowning rate by 18 percent.

In some instances, criminal charges are filed against a parent, family member, or child care provider when there is a drowning that leads to the death or serious personal injury of a child. Just recently, a Jacksonville woman was sentenced to 15-years after a jury found her guilty of aggravated manslaughter. The woman had left 1-year-old Nathan Cook unattended at a Jacksonville apartment complex in November 2009. The child was able to get away and was later found in a nearby retention pond dead.

In Hosford, Florida, one family almost found itself in a position that no one ever wishes to be in. On August 2, 2011 Travis Strickland and his 4-year-old nephew, Joseph Barcenas, were attending a church function Woodman's of the World Swimming Pool when tragedy struck. While chaperones were trying to clear the pool and get everything set up for the evening service, a young man notice Jospeh laying face down on the steps of the pool. The young man tapped Joseph on the shoulder. When the child failed to respond, the man immediately called for help. Fortunately for Joseph, lifeguards and EMT's were able to recessitate the young boy and get him to a hospital safely.

"I don't even think I realized who the child was at first. He didn't have any life in his body at all. He wasn't breathing. He wasn't responding. He was basically laying there lifeless," Travis Strickland told reporters. Strickland claims that God is to thank for Joseph's recovery and that everyone in the family, including his father in Mexico, have been praying night and day. One of those family members that has been praying for the boy's recovery is his mother who was not present when the accident occurred.

Strickland believes that Joseph was just sitting on the steps of the pool when he just fell asleep and went face first into the water. This just goes to show how easy it is for a child to fall into a potentially life threatening position any time that a child is in or near water - even shallow water. The good news for Joseph is that he is going to make a full recovery but it is important to know what steps you can take to avoid putting yourself in this sort of situation. To learn more about these safety steps and other information on child drowning, see Drowning Prevention.

In Jacksonville, Florida, a drowning was reported in the Cedar Hills neighborhood. Jason Howell, age 6, drowned in a neighbor's pool. The residential swimming pool was located behind a home across the street from Jason and his family. The Jacksonville Sheriff's Office and Channel 4 news responded to the scene. It was reported by Elizabeth Cate with Channel 4 news that the pool was fenced but there were no locks on the fence. The Florida Department of Children and Families and the Jacksonville Sheriff's Office will conduct an investigation regarding the facts and circumstances of this Florida drowning death.

Florida has a high percentage of swimming pool in any given neighborhood due to the year round warm weather. Yes, swimming is a fun and relaxing recreational activity that unfortunately brings with it dangers especially to young children who do not realize the dangers and risks of swimming or being around water without proper adult supervision. The simple and expected curiosity of a child can lead to deadly consequences. The death of Jason Howell is certainly a tragic loss for his family, neighborhood, and the community.

Pursuant to Section 515.29, Florida Statutes (Florida Residential Swimming Pool Safety Act), gates that provide access to a swimming pool must open outward away from the pool and be self closing and equipped with a self latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

The Florida Residential Swimming Pool Safety Act was passed to help prevent child drownings in the State of Florida. Unfortunately and tragically for many children and families, drownings continue to take place despite the presence of this child safety law.

In Daytona Beach (Volusia County), Florida, there was a drowning incident reported involving a 13 year old boy. He was found and pulled from the bottom of the Holiday Inn Hotel pool. Volusia County Fire Rescue reported to the scene and attempted to stabilize the 13 year old boy.

Florida is a popular vacation location for residents and out of State tourists. The weather and local attractions including Daytona Speedway and the beach bring people to the East Coast of Florida. Most vacations are fun filled and a great experience for the children and the rest of the family. Unfortunately, some vacations end with serious personal injuries and / or the wrongful death of a child in the State of Florida.

Many Florida hotel swimming pools are not staffed by a certified lifeguard. Florida law does not require the posting of a certified life guard at all hotel swimming pools. While signs are generally posted in and around the pool and in the lobby, there is little in the way of formal monitoring or supervision to prevent drownings or to provide for the safety of swimmers especially children and teens. You can read more about this story at Teen Drowning Victim Reported in Daytona Beach - Volusia County - Florida. See also Volusia County, Florida - Toddler Drowns in Swimming Pool.

Continue reading "Drowning Incident Reported in Daytona Beach, Florida - Holiday Inn on A1A" »

In Volusia County, a toddler, drowned in the family swimming pool. According to the Volusia County Sheriff’s deputies, the child’s parents and siblings were at home when Rocio Vazquez Naranjo disappeared. When they realized she was missing, her family found her in the pool. The parents pulled her from the pool and took the child to a neighbor who tried to resuscitate her before rescue personnel arrived, said officials. The child was taken to a hospital where she was sadly pronounced dead.

Parents think that it could never happen to their family, but each year more than 800 children drown. However, these accidents are not only preventable but also predictable. Here are the top three facts about child drowning and what you can do to help keep your child safe around water.

Fact number 1: Lack of supervision. Children can drown in a matter of seconds and usually it is quietly. Adults who were present during a child drowning were usually distracted in some way, often by talking on the phone, conversing with other adults or reading.

• What you can do: Attentively supervise your children around water, and have a phone nearby to call for help in the event of an emergency. Also, when there are several adults present and children swimming, parents should designate an adult as the “water watcher” to prevent any gaps in supervision.

Fact number 2: No barriers. Curious children, especially those under the age of five, can easily find and fall into pools, tubs and buckets. Often by the time they are discovered, it is too late.

• What you can do: Never leave a child alone when nearby a pool or any body of water, even if it is only a few inches. For residential pool owners, make sure that your pool meets the barrier requirements of Florida Statute 515.29 – after all, it’s the law.

Fact number 3: Weak or no CPR skills. Children who drown and are rescued from the water need CPR immediately before the paramedics arrive. It can prevent damage and is the difference between life and death.

• What you can do: Get certified. Contact your local health department or hospital to find a CPR class near you.

For more information on this topic see, Fla. toddler drowns in backyard swimming pool.

Florida loses more children under the age of five years to drowning than any other state. In Pasco County, a two-year-old boy drowned in his backyard swimming pool. Authorities said that he slipped outside while his mother was sleeping through a sliding glass door. The woman called 911 after she woke up and found her son, Juan Bermudez, unconscious in the pool, according to the Pasco County Sheriff’s Office. The child was taken to Community Hospital, where he was sadly announced dead.

Florida law sets forth requirements for residential pools to help prevent child drowning. The law requires that new residential swimming pools have at least one of the following: an enclosure, pool safety cover, exit alarms on doors, or self-closing, self-latching devices on entries to the pool. The enclosure must be a barrier at least four feet high on the outside and surround the perimeter of the pool. Gates to the swimming pool must also be equipped with self-closing and self-latching locking devices. The residence may be used as one side of the barrier if it does not contain doors or windows that provide access to the swimming pool. For more information on this topic, see Boy sleeps past sleeping mom, drowns in pool.

Recently, officials confirmed the death of one person after a group of young adults took a late night swim in a lake on a the campus of Florida Gulf Coast University. Officials at the Lee County's Sheriff's office received a telephone call a little after 1:00 a.m. Investigators discovered that the group had gathered around the lake and some of the young adults decided to go for a late night swim. According to reports, one swimmer became distressed as the swimmers attempted to approach a "swim trampoline" located near the shore. While the group was swimming towards the apparatus, the drowning victim went under water and thereafter could not be located. The victim's body was not found until after 3:00 a.m. by the San Carlos Fire Department. Currently, the victim's identity or other details concerning the incident have not been released. For more on this incident please read Drowning occur's in lake on Florida's Gulf Coast University campus.

The death of this victim is a tragedy for the victim's family and community. During the summer months drownings or other water-related personal injuries increase. People should not swim when intoxicated because the alcohol slows an individual's reaction time and reduces judgment. People should also not swim if fatigued in any way what so ever. Regardless of a person's age or experience in swimming precautions should always be taken - water is extremely power and sometimes deadly.

Four children in less than one week nearly drowned in Palm Beach County. In Delray Beach, a five or six-year-old boy was found at the bottom of a pool on Monday, and an hour later a four-year-old boy was found unconscious in a west Boca Raton pool. Also, on Thursday a three-year-old fell into a Boynton Beach pool and was found unconscious. Authorities said that the circumstances of all the incidents are not clear, but CPR was given to every child before the paramedics arrived.

Another Boynton Beach toddler was given CPR by a neighbor who took instructions over the phone from a 911 dispatcher. Stephanie Slater, a police spokeswoman said that the mother of the one –year-old boy was watching TV with him and his three-year-old brother when the toddler slipped away. He got outside through an open sliding door and fell into the pool. The child was rushed to Bethesda Memorial Hospital for treatment of drowning-related injuries.

According to Anna Steward, manager of the county Drowning Prevention Coalition, children aged one through four have the highest rate of drowning in Palm Beach Country due to lack of supervision and precautions. Slater said, “People should take advantage of the opportunity to get certified in CPR because you never know when a situation like this may come about and you have the opportunity to save someone’s life.” Parents should also teach their children how to swim at an early age; swimming classes are available starting at six months old, she said. In addition, Stewart stressed the importance of supervision around swimming pools. For more information on this topic, see Fourth child in a week nearly drowns in a swimming pool.

A new study shows that portable pools pose a greater threat to small children than parents may think. According to a study published in Pediatrics, about two dozen children drown in portable pools annually. Practically all of these children were under the age of five.

The author of the study, Gary Smith, director of the Center for injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio said that portable pools are not required to meet standard safety requirements, unlike permanent pools. For example, Florida law requires that residential pools maintain a secure barrier around the perimeter of the pool. Few people are willing to build a fence around a portable pool because a fence could cost more than the pool itself, said Meri-K Appy, president of Safe Kids USA advocacy group. “These pools are too small for people to invest in an isolation fence but too large to drain every time,” said Appy.

Here are a few startling statistics regarding the dangers of inflatable pools
• 11% of all pool drowning deaths in children under five years take place in portable pools
• Children can drown in as little as two inches of water
• 43% of children were supervised when they drowned, 39% were not supervised and 18% of children died during a lapse in supervision

According to the Centers for Disease Control and Prevention, drowning is the leading cause of death for unintentional injuries in children one to four years of age. Appy said that caregivers need to give children their full attention when supervising them in the water- not only in pools but lakes and bathtubs too. It can take only minutes for children to become submerged under water and for their breathing and heart to stop. For more information on this topic, see Portable pools pose drowning risk for tots.

Sadly, a 2-year-old boy drowned in a backyard swimming pool in Belleview, Florida. Apparently, the toddler gained access to the pool by slipping out his home unnoticed and into the home's pool area. According to Marion County Sheriff's deputies, the boy's mother, identified as Melody Mitchell, informed them she fell asleep while watching television with her son around 6:00 p.m. The boy was discovered over two-and-a-half hours later by the mother's boyfriend. The boyfriend noticed the sliding glass door was open, when he went outside he also noticed the gate to the pool was open. The toddler was found floating in the pool. Upon discovering the child, Mitchell's boyfriend immediately performed CPR. Emergency personnel continued the CPR efforts while the child was transported to Munroe Regional Medical Center, where he was pronounced dead. For more please read 2-year-old boy drowns in Belleview, Florida, backyard swimming pool.

The death of this child is a tragedy for his family and community. Families can take many precautions that aid in preventing childhood drownings. Strictly restrict or prevent a child's access to the pool area by door locks and protective fencing and/or gates, do not keep toys in the pool area while unattended, as these attract children, and always maintain constant, direct supervision of a child while he or she is swimming. Furthermore, even small amounts of water should not be accessible to children. This includes bath tubs, sinks, toilets and mop buckets, as infants, toddlers and small children can drown in a very small amount of water.

If you would like to read more on basic water safety tips and other methods to prevent childhood drownings please read Swimming and Water Safety Tips for Florida Residents, Visitors and Children at the Wood, Atter & Wolf, P.A., website.

A 1-year-old tragically drown in a swimming pool at his family's or relative's home in Deltona, Florida. The toddler, identified as Chase Wilson, was found by his relatives at the bottom of the backyard pool. Volusia County deputies were phone a little after 5:00 p.m. about the drowning on Leeward Drive. Responding deputies arrived minutes after they were notified and took over CPR efforts. The deputies were assisted by Deltona Fire Department and EVAC ambulance paramedics. The toddler was rushed to Florida Hospital Fish Memorial in Orange City, where he was pronounced dead shortly after his arrival. According to the Sheriff's Office, both the toddler's parents and a grandparent were home when the drowning occurred. The Sheriff's Office is currently investigating the incident. For more details read 1-year-old boy (Chase Wilson) tragically drowns in backyard pool in Deltona, Florida.

While the summer season is a time for fun and outdoor activities for children, it is also a time of year where drownings or near-drowning accidents increase. Families with backyard pools should take the following precautions:

- Make sure access to the pool is locked, preventing or restricting a child's access.
- Install a safety fence around the perimeter of the pool.
- Install an alarm that will sound when something falls into the pool while locked.
- Do not keep toys in the pool, they can attract children.
- ALWAYS MAINTAIN CONSTANT, DIRECT SUPERVISION OF A CHILD WHILE SWIMMING. Supervision is a critical tool in preventing childhood drownings.

Another drowning fact most families may be unaware of is the amount of water a small child can drown in. Toddlers and infants can drown in a very small amount of water, such as mop buckets, sinks, toilets, etc. Therefore, families with small children, toddlers or infants need to take extra precautions and ensure no standing water is accessible to their children.

For more on childhood drownings in Florida please read Deaths and Injuries Related to Swimming Pools and Drowning - Real Dangers to Florida Children at the Wood, Atter & Wolf, P.A. website.

Swimming pools should be a happy and fun place for children. Unfortunately, many Florida and American families face swimming pool- related tragedies each year: drownings and near drowning of children. However, Florida Statute §515.29 sets forth barrier requirements for residential swimming pools to help prevent these type of drownings.

The statute requires all residential swimming pool barriers to have the following characteristics:

• The barrier must be a minimum of four feet high on the outside.
• The barrier may not have any openings that would allow a child to get through the barrier.
• The barrier must be situated around the perimeter of the pool.
• The barrier must allow sufficient space from the water’s edge to prevent a child or medically frail. elderly person from immediately falling into the water if they happen to penetrate the barrier.

Swimming pool-related drowning of young children have one particularly dangerous feature: they are silent deaths. It is unlikely that a child in distress will splash or scream to alert a parent that they are in trouble. The U.S. Consumer Product Safety Commission has studied a great deal of data on child drowning, as well as information on pool barrier construction. The Commission concluded the best way to reduce incidents of child drowning and injury in residential pools was for owners to construct and maintain barriers that would prevent children from gaining access to the pools. However, there is nothing better than undeviating supervision.

For more information on pool barrier requirements, see Florida Statute §515.29 Residential swimming pool barrier requirements .

Florida is home to more pools than any other state in the United States. As such, it is not surprising that many children suffer accidental deaths every year in Florida as a result of drowning in a swimming pool.

According to the Consumer Products Safety Commission, there are approximately 1,900 swimming pool-related drowning deaths in the United States every year. Of this number, 300 children are under the age of five years. Although some accidental drowning does occur at public pools, the majority of these fatalities occur at residential pools. In response to the large number of drowning deaths for children, the Florida Legislature passed Florida Statute §515.27, the Residential Swimming Pool Safety Feature Options; Penalties.

This statute requires a residential swimming pool to meet one of the following safety features before it can pass final inspection and receive a certification of completion: (a) The pool must be separated from the home by an enclosure that meets the requirements of §515.29; (b) The pool must have an approved safety cover; (b) All house windows and doors having direct access to the pool must be equipped with an exit alarm with a minimum sound pressure rating of 85 dB A at 10 feet; or (d) All house doors providing direct access to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. Failure by a person to meet one of the above safety features could result in a Florida criminal misdemeanor charge the second degree. However, no penalty will result if the person equipped their pool with at least one safety feature within 45 days after the arrest or summons, and that person also attended a drowning prevention education program established by §515.31.

For more information see, Florida Statute §515.27, the Residential Swimming Pool Safety Feature Options; Penalties.

In July 1998, parents Robert and Jodi Scheinfeld lost their oldest child Jeremy at age 10. Jeremy drowned in a river outside the summer sleep- away camp grounds. In an attempt to raise awareness regarding safety at summer camps, the Scheinfelds offer parents guidelines to evaluate whether or not to send a child to a camp. The guidelines encourage parents to take a more active role in evaluating camp safety, and also think that by doing so camps will take greater precautions. Although the American Camping Association provides accreditation to camps for meeting certain industry standards, the following check list is from a parent’s only perspective.

The guidelines:

• Do not take for granted that a camp is safe. Even if you attended or worked at the camp before or your child went there last summer, safety standards can always be re-evaluated.

• Does the camp have ACC accreditation? Although accreditation does not assure safety, it does evaluate many industry standards concerning safety, health, program and camp operations, and it does provide helpful operational and education support to over thousands of camps.

• Review the camp’s written plan for safety.

• Check the camp’s history of code compliance with state regulations governing the camp’s operation.

• Learn about staff training or counselor orientation programs to understand what the counselors are taught and by whom.

• Understand that your child’s safety and well-being depends directly on the type of counselors the camp hires.

• Ask about the camp’s supervision of water-related activities.

• Review the camp’s program or activity schedule.

Despite their son’s death almost eight years ago, the Scheinfelds still believe in camping. Last summer, two of their children attended day camp, two attended sleep-away camp and their oldest was a counselor. But at each of those camps, safety was and will remain the number one priority. For more information on this topic and to view the complete list of safety guidelines, see Jeremy's camp safety guide for parents.