Miami Drowning Accident Lawyer
801 Brickell Avenue, Suite 900
Miami, Florida 33131
If you live in the Miami – Dade County – South Florida area you know that the water is always warm and that you don’t need much of an excuse to head for the beach or the swimming pool at your apartment or condo complex. Unfortunately, there are times when a quick dip in the pool or at the beach can turn into a tragedy.
According to the Florida Department of Health:
- the leading cause of death for children ages 1 to 4 is drowning
- the state’s drowning deaths involving children is the highest in the nation
- 440 Florida residents drowned in 2012 and another 343 near-drownings required admission to a hospital
The tragic side to these statistics is that drowning is, by and large, a preventable accident.
Drowning Accidents Should Not Happen!
Residents of the Miami – Dade County area, and all other residents of the state or visitors to Florida, have the right to expect that they will be safe when they go for a swim. In most cases they visit well-maintained swimming spots and all goes well, but sometimes they may not be aware that the beach or pool isn’t as safe as it seems.
Most drowning accidents could have been prevented if proper safety measures were in place at both public and private swimming areas. At public beaches it is the responsibility of city, county, or state agency that maintains the beach to have an adequate number of lifeguards on duty who have immediate access to emergency rescue devices and the ability to quickly summon additional lifeguards and Emergency Medical Service personnel.
Swimming pools, either public or private, are responsible for up to 50% of all child drownings in the state and many of these occur when the child is able to enter the pool area through unlocked gates or improperly maintained fences.
Who Is Responsible In Drowning Accidents?
An accidental drowning is certainly a tragedy, but drowning accidents need not be fatal in order to cause significant medical expenses and emotional distress to family members. In many cases of near-drowning the victim will require an extended hospitalization for treatment of conditions such as brain injuries caused by a lack of oxygen or difficult to treat pneumonia if the accident happened in salt water. Any condition that was due to a near-drowning can lead to significant medical expenses and these injuries may be serious enough to require a lifetime of medical care in a skilled nursing facility.
The civil (non-criminal) law holds that the owner of a public or private swimming pool has a duty to make the swimming pool safe. This includes proper supervision by a lifeguard or other responsible adult if children may be present. The owner is also responsible for preventing both unauthorized or accidental access to the swimming pool by placing some form of physical barrier such as a fence around the area of the pool. Failure to properly maintain the area, such as unlocked gates or damage to a fence that could allow someone to enter the unsupervised pool, makes the owner liable for any accidents that might occur.
These same duties extend to public beaches, water slides, and other recreational areas. Failure to do so will expose the government agency or business owner to liability for any accidents that occur on their property.
Locating A Miami Drowning Lawyer
Drowning and near-drowning accidents can lead to extreme psychological distress among the victim’s family members along with considerable financial problems such as funeral expenses, hospitalization, rehabilitation, and long term care. There may also be medical complications that do not appear until years after the accident which will also require treatment.
If a member of your family has been the victim of a drowning or near-drowning accident, you can contact the drowning accident lawyer at the Doan Law Firm by calling (786) 671-0000 for a free review of the facts in your drowning accident case.
At the Doan Law Firm your initial consultation with our drowning accident attorney is always free and does not obligate you in any way to our firm. If you choose us to represent your claim, we will take responsibility for all the fees and expenses necessary for you to win your case and will accept a percentage of your final settlement as payment in full for our legal services.
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