Cases of accidental death by drowning are much more common than many people realize. In fact, according to The Centers for Disease Control and Prevention (CDC), ten people in The United States of America are fatally injured in swimming pool accidents every day. It may surprise you to learn that loss of life through drowning is the fifth-highest leading cause of accidental death in the U.S.
Losing a loved one to drowning, or any other accident for that matter is traumatic for everyone close to them. This period of grief is only made worse by the various legal and financial complications involved in drowning accidents. With the correct personal injury lawyer, this process can be much less complicated. Having a personal injury lawyer from a trusted law firm to help you navigate the complexities of Florida law can leave you with the time and space you need to grieve properly. Furthermore, the compensation you may deserve for the drowning accident can help you deal with financially stressful complications such as funeral and burial costs.
If one of your loved ones has lost their life in a drowning accident in Fort Myers, you may be entitled to compensation for your loss. With an experienced personal injury lawyer from The Law Place, you can be secure in the knowledge that your case is in safe hands. This will leave you free to receive or provide emotional support for your loss. We offer no-obligation free consultation over the telephone 24 hours a day, 7 days a week. It could not be easier to get a firm understanding of your potential legal case. Call us today on (941) 444-4444 for free legal advice.
Which Laws Specifically Deal With Swimming Pool Drowning or Near Drowning Accidents in Fort Myers, Florida?
Fort Myers in Florida is subject to both the federal laws which apply to the whole of America, as well as the state-specific laws of Florida. If your loved one has been involved in a drowning accident, the following may apply:
- Gross negligence – This occurs when the owner of a swimming pool violates their duty of care. This includes blatant disregard for those who have access to the swimming pool. If the owner of the pool involved in the accident knew of a fault or hazard with their swimming pool but failed to take appropriate action, they could be found to be grossly negligent.
- Premise liability – These laws state that the owner of a swimming pool is responsible for the maintenance and safety of that area as part of their duty of care.
- Attractive nuisance – This law deals specifically with any swimming pool accident that involves children. If a swimming pool could attract children (which, by their nature, they often do), then the owner must ensure that all of the correct safety measures are upheld. If this is not the case, they are liable for any injury to the child, even if the child is trespassing. Protective fences and alarm systems are a good way for a pool owner to protect children and themselves from these laws.
- Virginia Graeme Baker Pool and Spa Safety Act – In 2007, this law was passed in order to increase pool safety. It ensures that pool owners are responsible for taking reasonable steps to prevent a swimming pool accident, such as the installation of fences and drain covers.
Who Is Liable for Drowning or Near Drowning Accidents in Fort Myers, Florida?
Assigning liability following a drowning accident involving swimming pools can be a complicated process. While it may seem simple for you that the blame should lie with the pool owner, you must prove that the owner of that pool breached their duty of care through negligence.
This is why having an experienced personal injury lawyer from a reputable law firm is so important. Here at The Law Place, our personal injury lawyers have over 75 years of combined experience dealing with accidents such as these.
If you chose to let The Law Place represent you, one of our personal injury lawyers will conduct a thorough investigation into your case and determine who is liable.
We’re here to serve you. Our phones are open 24 hours a day.
What Are Some Common Causes of Drowning Accidents Involving Swimming Pools in Fort Myers, Florida?
There are many possible reasons for drowning accidents in Fort Myers, Florida. It is often the case that the fault of these accidents falls on negligence or human error.
If you own one or more swimming pools, it is important to consult this list and ensure that your pool does not suffer from any of these examples of negligence.
Common causes of drowning accidents in Fort Myers include:
- Lifeguarding issues – Public swimming pools require lifeguards. If there is no lifeguard present, then this is an example of negligence. If the lifeguard is poorly trained or improperly qualified, this is also a breach of the duty of care.
- Overcrowding – It can be dangerous for a swimming pool to be overcrowded by people. This increases the chance of accidents occurring and decreases the chance of lifeguards being able to identify risks.
- Faulty equipment – There are many examples of potentially faulty equipment at a pool that can be classified as negligence. From vent covers to incorrect fencing, any faulty or improperly fitted equipment can lead to an accident.
- Water quality – If a pool’s water is murky or otherwise unclear, this can contribute to the chances of an accident.
- Lack of emergency equipment – If a pool lacks the correct emergency equipment, for example, readily available flotation devices, then a near-drowning accident can quickly turn into the real thing.
We’re Florida’s top litigation team with over 75 years of combined experience
What Does Product Liability Mean in Fort Myers, Florida?
Product liability deals with liability for a personal injury that does not lie with the owner of the pool themselves, but the manufacturer of the equipment they were using.
There are many different associated pieces of equipment that could be defective and lead to a swimming pool accident, or parts of the pool itself could be faulty. For example, unfortunately, there have even been cases where air filters have had too great a level of suction and pulled smaller children underwater and held them there.
Safety and emergency equipment can also be faulty. In this case, faulty emergency equipment can lead to drowning even if appropriate action was taken at the right time.
Fortunately, as time passes, modern designs take into account previous cases of personal injury and modify their equipment. This is why it is especially important that manufacturers are held responsible for faults in their designs, as your case may lead to dangerous products being recalled and further lives being saved.
From the initial call to updates on your case status, we are here to get you answers.
What Damages Can I Claim If a Loved One Loses Their Life Due to Drowning in Fort Myers?
If your loved one has lost their life due to the negligence of someone else, you may be able to file a wrongful death claim. The Legal Information Institute defines wrongful death as:
“A death caused by the wrongful act of another, either accidentally or intentionally.”
Here at The Law Place, we understand that no amount of money can help with the loss of a loved one. However, it can be helpful in restoring a sense of justice and helping you to deal with financial complications that could otherwise complicate your mourning process.
Damages covered under wrongful death claims in Fort Myers include:
- Medical bills from the personal injury that led to your loved one’s loss of life
- Lost income as a result of taking time off work for the grieving process, or the lost wages which your spouse would have continued to contribute to the household income if not for the accident
- Funeral and burial costs
- Pain and suffering compensation, which considers the emotional distress and lifestyle changes associated with the loss of a loved one
- Loss of companionship/parental guidance
Navigating the complexities of the law in Fort Myers, Florida, can be difficult at the best of times. Following the loss of a loved one, it may seem impossible to concentrate on the legal aspect of getting the justice and compensation you deserve.
With a personal injury lawyer from The Law Place, you will be free to concentrate on processing your grief. We will handle the legal complexities and battle to get you the maximum amount of compensation possible.
How Much Time Do I Have to Make a Claim?
In Fort Myers, Florida, all lawsuits are bound by Florida’s Statute of Limitations. These laws determine how much time can pass before your personal injury lawyer is no longer able to make a claim on your behalf.
The statute of limitations for a drowning case is four years. This countdown begins on the day that the event occurred.
While you may have four years in which to make your claim, it is important that you waste as little time as possible. While it may seem impossible to focus on legal issues after a traumatic event, your personal injury lawyer will handle the hard work for you.
It is important to begin straight away, as with each day that passes, the chance of evidence or key witnesses becoming lost or unavailable increases. It is also likely that the defendant will waste no time calling their legal team into action. Each day that passes without you seeking legal representation is another day the third-party has a chance to access evidence which may become unavailable to you, and get a head-start on their case.
Contact The Law Place in Fort Myers Today
Death by drowning remains the fifth-highest leading cause of accidental loss of life across America. If your loved one has lost their life or nearly drowned in Fort Myers, you are highly likely to be entitled to compensation.
Our team of lawyers has over 75 years of combined experience in dealing with cases similar to yours. Unlike other law firms, we operate all of our cases as a team. This means that you benefit from the skills and experience of every single member of our highly trained team. Following traumatic events in your life, you deserve the very best representation. We are happy to promise to go above and beyond to ensure that you receive the highest level of compensation your case allows.
When choosing a law firm, it is important to be safe in the knowledge that you will be both cared for and respected. This is why The Law Place offers a no-win-no-fee system and no-obligation free case evaluations. All of our fees will only be taken from your settlement once your case has been completed. This means that you will not have to spend a cent upfront. It also means that if for some reason, your case is unsuccessful, the whole process will have cost you nothing. You should never feel at financial risk when pursuing justice for an event that was out of your control, and The Law Place will ensure that this is the case.
If you have lost a loved one to a drowning incident in Fort Myers, get in touch with The Law Place today. Our law firm can offer you a free consultation over the telephone at any time that is convenient for you. Our phone lines are open 24 hours a day, 7 days a week.
Contact us on (941) 444-4444 for more information on how we can help you to achieve the compensation that you and your family deserve.
