The Centers for Disease Control and Prevention (CDC) have released shocking data that every day in this country, ten people lose their lives due to unintentional drowning; that is, over 3,500 people every year. Unfortunately, this places unintentional drowning as the fifth biggest cause of unintentional deaths in the United States.
Accidental death can be incredibly traumatic, and the aftermath can be hugely stressful for all involved. Survivors of drowning accidents can suffer severe injuries and be left feeling emotionally traumatized. Establishing what occurred and who is at fault for the incident can be difficult, and navigating the laws in Florida can seem complex without legal advice.
If you or a loved one has been the victim of a drowning accident, we recommend that you contact us at The Law Place in Tampa, Florida, today. Our law firm has over 75 years of combined experience, and one of our accident attorneys will be able to look over your case and give you any help or advice that you may require.
We understand that this can be an extremely difficult time; therefore, we are here to help relieve you of some of your stresses. We can speak to all the parties involved, thoroughly investigate the incident, and fight for compensation for your loss or injuries. Contact The Law Place today in Tampa, FL, on 941-444-4444 for a free case evaluation and a chance to speak to one of our experienced personal injury lawyers.
Relevant Tampa FL Drowning Laws
The laws stated below may be relevant to your case if the drowning accident occurred in the county of Tampa:
- Virginia Graeme Baker Pool and Spa Safety Act – This is a critically important law that was passed in 2007. The law states that the owner of a swimming pool or the swimming pool operator has a basic duty of care to provide safety to any person or children who may have access to their pool. For example, this includes placing covers over the drains to stop a potential pool accident.
- Gross negligence – This occurs when there has been a clear disregard for safety in a swimming pool. An example could be if a pool owner is aware of a faulty ladder and decides to do nothing about it and a swimming pool accident occurs, then they can be held liable for that pool accident in Tampa, Florida.
- Premise liability – This simply states that the owner of the property of which the swimming pool is situated has a duty of care to maintain the swimming pool to ensure safety.
- Attractive nuisance – This essentially states that if the swimming pool is attractive to children, you must make sure that the correct safety measures are in place in Tampa. If they are not and children get involved in swimming pool accidents, you can be held liable.
Who Is Responsible?
Placing the blame for such a traumatic drowning incident on a particular party can be difficult. It is not as easy as just simply blaming another party. Evidence is required to reinforce any claims that you may make. This is why it is a good idea to have an experienced Tampa personal injury lawyer working on your case. A personal injury lawyer will be able to assist you in establishing who the party at fault is and then help to prove who is legally liable following an investigation.
Frequently, the parties who are fault for pool accidents resulting in drowning in Florida are:
- Private pool owners.
- The hotels.
- Recreational parks.
- Non-profit organizations.
Without an experienced lawyer, it may be difficult for you to fight these parties alone if you or a loved one has suffered from a pool accident at their expense. Our accident attorneys at The Law Place have dealt with drowning accidents like your case before. Consequently, they have a wealth of knowledge of the Florida laws and statutes and are fully prepared to take on potentially these large corporations. Contact us today for a free consultation to start the process of winning the justice that you may deserve.
Causes of Drowning Accidents
There are a lot of varying negligence issues that can result in swimming pool accidents and consequential drowning. For example, there could have been a lack of safety equipment, signposts, or fencing.
Sometimes the blame for such a pool accident can be put on the design of the pool, for example, the design could be potentially dangerous for children, or the equipment in place may be defective. In other cases, human error is to blame for a swimming pool accident. This is possible if the lifeguards in place have been inadequately trained or are absent altogether.
The most typical causes of a potential swimming pool accident that can result in drowning are:
- Untrained lifeguards.
- Unclear water.
- No supervision.
- Lack of barriers or fencing.
- Lack of emergency equipment.
- Faulty gate latches.
If you or a family member has been involved in a swimming pool accident in Florida because of one of those reasons above, you may be eligible to claim compensation. Contact The Law Place today for a free consultation with one of our experienced attorneys.
How a Tampa Lawyer Can Help You
We advise that as soon as you can after suffering an accident that you contact an attorney. Our attorneys have dealt with many cases like yours before, and it is important to act quickly after suffering an accident to be able to protect your rights and seek the compensation that you deserve if you have been a victim or lost a loved one.
During a free consultation, one of the lawyers at The Law Place in Tampa will ask you some simple questions and honestly give you the information you need on where they believe your case stands in terms of making a claim. If you decide you want to proceed with our law firm, you will be called to one of our offices for a lengthier meeting, and this is where your case will begin to be built. An attorney will clearly set out the fee structure for you, and you can sign to agree to our legal representation. From this point on, your attorney will begin working on your behalf and relieving some of the stresses you may face.
Your attorney will also investigate the incident and collect evidence to strengthen your claim. Some of the things they may strive to find out include:
- The prior history of the pool.
- Potential witness statements.
- Results of past safety inspections.
- Photographs of the site where the incident occurred.
- The police report.
- The work rota for the lifeguards on duty at the time.
Contact a Tampa Lawyer Today
The Law Place has a wealth of experience of dealing with cases similar to yours before. Don’t let the complexities of Florida law deter you from making a claim and winning the justice and compensation that you may deserve. Get in touch today on 941-444-4444 for a free consultation. We are available 24 hours a day, seven days a week.