Articles Tagged with swimming

Swimming-Pool-Liability-150x150Throughout the year, Florida has the distinction of being a state in which warm weather allows for swimming even through the Fall and Winter months. When a child dies as a result of a drowning incident, the death of a child has a ripple effect through the family and community.  According to statistics collated the Florida Department of Children and Families, 82 drowned in 2017 with another 56 who have drowned in 2018 as of this time. Children and adults, who happened to be strong swimmers, can still encounter trouble while swimming.  As such, it is important to have supervision and assistance nearby any time that a child or adult enters a pool. This is especially true for young children, toddlers, and infants who may lack these strong swimming skills or safety awareness.
We live in a world of constant and ongoing distractions in the form of our smart phones and tablets. In a way, our smart phones are making us a bit dumber and less aware of our surroundings. This often is the case when an adult is supposedly supervising a child.  With eyes fixated on the small screen of an iPhone or iPad, a small child may encounter trouble or danger in the form of any body of water including swimming pools, lakes, oceans, rivers, hot tubs, and even bath tubs.
A swimming pool related legal action requires the showing of four elements as follows:

Swimming Pool - Drowning and Personal Injuries
In Florida, swimming, boating, and aquatic activities are essentially year round activities.  This is especially true during the spring and summer seasons.   According to the Center for Disease Control and Prevention, 10 people die every day from drowning related incidents. Children under the age of 14 account for 2 out of the 10 deaths.  It is reported that drowning is the 5th leading cause of unintentional deaths in the United States.

Despite these risks and disturbing statistics, drowning incidents continue and unfortunately will continue through the rest of the 2016 year including the summer season.  Can a case or claim be pursued on behalf of an injured child OR on behalf of the parents of a child who dies as a result of a drowning incident?  Like many legal questions, it depends on the facts and circumstances.  It also depends on the practicalities associated with liability insurance coverage and other matters.
Like other personal injury cases in the State of Florida, there are four essential elements associated with a drowning case: