What Factors are Considered in a Florida Wrongful Death Case Involving a Child? (Drowning and Pool Related Incidents)
In Florida, there are many opportunities in the Summer, Spring, and throughout the year for children to engage in aquatic - water related activities including swimming, boating, surfing, snorkeling, and other activities. It is important that proper safety precautions are taken by the adult supervisors, summer camps, counselors, lifeguards, and others especially when children are involved with the aquatic - water related activities. Mobile phones should be put away and the focus should be on the proper supervision and safety of the children. In addition to supervision, it is important for the school, camp, and / property owners to maintain all pool equipment and lighting in a reasonable safe condition. Pools and the related equipment should be installed and maintained according to applicable code provisions. Maintenance and repairs should be completed by a qualified in-house pool technician and / or a reputable pool service company.
It was recently reported that a lawsuit was filed against several pool companies regarding an electrocution incident that took place in Apirl 2013. Calder Sloan died of an electrocution related incident when a pool light overheated and then caused the connective wiring to fail and send an electrical current throughout the water. The following issues or questions may apply to a case of this nature:
- When was the lighting equipment installed?
- Was the lighting equipment installed to code?
- Did subsequent pool technicians or maintenace personnel perform pool service on this pool?
- Was the light at issue inspected following its installation?
- What efforts were made to inspect the lighting and other equipment for the pool?
- What actions could or should have been taken as to the pool light and / or the associated wiring?
- Was the incident foreseeable? Was the incident preventable?
You can read more about this tragic story at Lawsuit Filed Regarding Pool Electrocution Incident in South Florida.
When a child dies as a result of the wrongful or negligent acts or others, a lawsuit can be filed by the personal representative of the estate of the child seeking monetary compensation for medical bills, funeral expenses, and the pain and suffeirng of the parents. Wrongful Death Cases are unique in nature and governed under their own laws pursuant to Chapter 768, Florida Statutes.
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. The book addresses a number of issues including the following:
- What is the Florida Wrongful Death Act? How Does it Work?
- How are Damages Calculated for Purposes of a Wrongful Death Case?
- What Life Events will a Parent Miss During a Child's Younger Years and High School Years?
You can get this book for free at When a Parent's World Goes From Full to Empty.
No words can adequately descibe the pain sufferred by a parent grieving the loss of a child. Furthermore, no money or compensation can even approach to replace a child. While these are among the most tragic and sad cases in the legal realm, it is important for parents to contat a Child Injury Lawyer to discuss their respective rights. There are statutes of limitations or time restrictions that apply to these cases. Furthermore, evidence must be organized and preserved in order to properly pursue the case.