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: