According to research conducted by The Centers for Disease Control and Prevention (CDC), it is reported every day that ten people in the U.S. lose their lives by drowning. Additionally, accidental drowning is the fifth leading cause of any unintentional death in the United States.
When someone dies unexpectedly, this can be an extremely stressful and traumatic time for anyone involved. Furthermore, there are cases where an individual will survive a drowning accident, and they could be left with either brain damage or emotional trauma. When you are trying to establish what occurred in a swimming pool accident, this could be the key in fighting to get you the compensation you deserve for your pain and suffering. However, this can be difficult to navigate without the right support behind you.
If you or a loved one has suffered from a drowning accident, then you can contact us here at The Law Place today for a free consultation with one of our personal injury lawyers. At our law firm, were have over 75 years of combined experience when dealing with personal injury cases across Florida, including Venice.
Our lines are open 24 hours a day, seven days a week so call us on (941) 444-4444.
What Are the Drowning Laws in Florida?
In Venice, FL., the law is governed by both the Florida state laws and federal laws. If you or a loved one has suffered from a drowning accident in Venice, then some of the following may apply in your case:
- Virginia Graeme Baker Pool and Spa Safety Act – This was passed in 2007 with the aim to try and increase pool safety. This places a duty upon pool owners to take reasonable measures to protect anyone that might have access to their pool. For example, the pool owner could fence off the area surrounding their pool.
- Gross negligence – This is where someone could be found “grossly negligent” if there has been any sign of clear disregard for the safety of anyone accessing a swimming pool. For example, this could be when the owner of the pool is aware of and has had time to fix a faulty ladder for the pool but chose not to.
- Premise liability – The owner of any swimming pool has a duty of care to maintain the area surrounding the pool and ensure safety.
- Attractive nuisance – If a swimming pool attracts children, then extra safety measures must be put in place. For example, if the owner is not there and a child becomes injured, then the owner faces being found liable. So, more care should be taken with the pool, such as having a fence and alarm/s to prevent children from unexpectedly using the pool.
Who Is Responsible in a Drowning Accident?
When you are trying to figure out what happened and what went wrong in a swimming pool accident, this can be a difficult situation to deal with. It is not simple enough to blame it on the owner of the pool, as evidence is needed to back up these claims. This is when you need the knowledge of an experienced personal injury lawyer who will be able to work on your case. At The Law Place, we have an experienced team of personal injury attorneys that will be able to gather the right evidence for your in case.
What Are Some of the Causes of Drowning Accidents?
There is a range of reasons that could be behind your drowning accident, which could lead to the owners of a pool being accused of negligence. This could include a lack of fencing, safety equipment, or signposts.
It will be more likely that human error is to blame for the swimming pool accident in Venice, FL., as owners must make sure that they put in the specific measures to keep people safe, especially if they are owners of a public pool.
Some of the most typical cases of negligence that could lead to someone drowning include:
- Untrained lifeguards or no lifeguards at all.
- Faulty gate latches.
- Unclear water.
- Lack of barriers or fencing.
- No supervision.
- Lack of emergency equipment.
Sometimes the fault of an accident could be due to the design of the pool. This could be a case for product liability. For instance, the safety equipment could be defective, or the air filter suction could be too strong. In some cases, children have been under the water and have been held by the suction. Luckily, modern designs mean these types of accidents are less common, which also makes it difficult to blame the manufacturer.
If the manufacturers have failed to properly test their equipment, then it is essential that the manufacturers are brought to justice for their faulty designs. By doing this, you may be saving the lives of others by bringing awareness to the issue and potentially causing a product recall.
What Are Some Possible Injuries That Could Result From a Swimming Pool Accident in Venice, FL?
There is a range of injuries that could be caused by a drowning accident. Although some may, unfortunately, result in death, some also result in life-changing injuries. Some of these include:
- Traumatic brain injuries (TBIs) – A traumatic brain injury can be the result of a hit to the head. These can result in a wide range of physical as well as psychological effects. A mild TBI could result in temporary effects, whilst a more serious traumatic brain injury could lead to more serious complications or sometimes even death.
- Anoxic brain damage (ABD) – This type of injury occurs when there is a lack of oxygen supply to the brain of an individual. In less serious cases, this is when hypoxic brain damage takes place, meaning there is a partial lack of oxygen supply to the brain. The recovery rates from hypoxia depend on the damage to the individual’s brain.
- Spinal cord injuries (SCIs) – This injury occurs when the spinal cord is damaged due to the accident. The vertebrae can become cracked as they hit the side or bottom of the pool or the diving board.
When victims are recovering from their accident, the length of time it actually takes to recover varies depending on the severity and extent of their injuries. This could take a few weeks or a few years, and in some of the most unfortunate cases, a complete recovery may not even be a possibility, which will result in lifelong complications.
If you are lucky enough not to obtain a serious injury from a swimming pool accident, then you still may get a minor injury. Some of the most common injuries people may obtain may include:
- Improper drain covers causing entrapment injuries by their suction effect.
- If the pool is not maintained properly, this could result in infections causing loss of hearing and/or vision.
- Slip and fall injuries could result in either broken bones or teeth.
- Injuries caused by sharp objects (broken glass, cracked tiling) could result in either cuts or scrapes or, in more serious cases, the amputation of digits or limbs.
- And in the worst-case scenario, wrongful death.
Do I Need a Lawyer After A Drowning Accident in Venice, FL?
If you don’t have the right legal advice and lawyer on your case, it can be difficult to seek justice. Our lawyers here at The Law Place understand the importance of a strong attorney-client relationship. We will work with you to ensure you where you will be fully supported. After you ring us for your free consultation in Venice, you will have no obligation to continue with us as your legal representation. We want to make sure that you have all the information you need without feeling obligated to choose us.
When dealing with drowning accidents in Florida, your lawyer will have a wealth of knowledge. They will work to gather as much evidence as possible, and then they will be fully prepared to be able to take on large corporations. Contact us here today at The Law Place. Our law firm will fight aggressively to get the justice you deserve.
How Long Before I Need to Make a Claim?
After an accidental drowning occurs, you will need to contact an attorney as soon as possible. The sooner you contact an experienced attorney, the sooner they will be able to gather the evidence you need. They can then build a strong case for you.
Here at The Law Place, we have dealt with many cases like yours before, so we understand the importance of being able to protect your individual rights and also get you the compensation you deserve. In accordance with Florida Statue 95.11, you only have four years to file a negligence claim after a drowning accident has occurred. Therefore, even if the accident happened a little while ago, you may be able to still file a claim.
However, in extreme circumstances, there may be expectations to the statute of limitations.
What Can a Venice Personal Injury Lawyer Do for You?
After contacting The Law Place, you will receive free and unbiased advice when you contact one of our experienced personal injury attorneys with your claim. With your free consultation, we will ask you some simple questions in order to give you our views on what the best next course of action will be for your individual claim.
If you do decide to continue with us, then we will explain our fee structure, so you know what you will be paying for. We will also explain what we will do for you as your legal representative. At The Law Place, we work on a contingency basis, so our fee will be deducted from your settlement after your case if your case is successful and is never paid upfront. If, for some reason, your case is unsuccessful you won’t have to pay a thing! All of our contingency work is monitored by the State Bar Associations.
After you have signed on the dotted line, your personal injury attorney will officially become your advocate. Your personal injury lawyer will speak to witnesses, as well as gather evidence so that you will be able to focus on recovery. At The Law Place, we deeply value the attorney-client relationship, and we will make sure to keep involved and up to date if you want to be.
Your attorney will investigate the evidence that may be vital for your case, and these are some of the things that they may strive to gather:
- The police report.
- Pool history.
- Results of prior safety inspections.
- Witness statements.
- The work rota of the lifeguards on duty at the time.
- Photographs of the site where the incident occurred.
We will assess your individual case to decide if you have either a negligence case or a product liability claim. We will make sure you get the maximum amount of compensation you deserve.
Contact The Law Place to Seek Help Today
Here at The Law Place, we have a wealth of experience with dealing with drowning claims in all parts of Florida, including Venice. You should not let the complexities of Florida law put you off from seeking the justice you deserve, as well as getting the compensation you are owed.
Get in touch with us today at (941) 444-4444 for a free consultation. Our phones are open 24 hours a day, seven days a week, so we are on hand all the time to be there when you need it most.