Despite the fun and excitement swimming pools and hot tubs provide, they also have the potential to be deadly. According to the Florida Department of Health, Florida has averaged over 400 drownings per year, since 2014. Florida ranks first in the nation for children, ages 0 to 4, who die from an unintentional drowning.
For all children, ages 0 to 4, 56% of all unintentional drownings occur in swimming pool accidents. In fact, unintentional drowning is the leading cause of death for children, 1 to 4 years of age, except congenital anomalies. While drownings happen year-round in Florida, the most fatal months are April through September.
NO FEES UNLESS WE WIN
We believe that the costs associated with hiring a lawyer shouldn’t prevent any serious swimming pool accident victim from obtaining sound legal counsel. Because of this, our law firm handles all swimming pool accident claims on a contingency fee basis. This means there are no out of pocket expenses and you only owe attorney’s fees if we settle your claim or win a favorable verdict in court.
Most Common Reasons for Child Drownings
According to the Centers for Disease Control (CDC), approximately 20% of all drowning victims are 14 years old or younger. For each child drowning death, another five children are treated in the emergency room for underwater injuries. Understanding the causes associated with drownings will teach us how to prevent them. The most common causes for child drownings are:
- Lack of Swimming Ability – There are many adults and children that don’t know how to swim. Children who are unable to swim can’t get out of danger if they happen to fall into a swimming pool or hot tub.
- Lack of Barriers – The lack of barriers, such as privacy fencing, pool isolation fencing, pool safety covers and hot tub covers allow young children to access water without a parent or caregiver’s awareness.
- Lack of Supervision – A child drowning can happen in a blink of an eye. If not closely monitored around swimming pools or hot tubs, children can put themselves into a deadly situation, without ever being noticed..
Contact Our Injury Lawyers
Call us at 877.951.1800 or fill out the form below to schedule a free initial consultation with one of our personal injury lawyers.
Swimming Pools & Attractive Nuisance Doctrine
Under Florida’s premises liability laws, swimming pools are considered an attractive nuisance. An attractive nuisance is something with a potential for danger, that was created or maintained by the property owner. AND The property owner knew or should have known that children would be attracted to the danger and could be harmed by the danger.
Under the Attractive Nuisance Doctrine, Sarasota property owners can be held liable for injuries or deaths, involving young children on their property, regardless if the child was invited or trespassing. Owner’s of attractive nuisances have a legal obligation to take reasonable step to prevent children from being harmed by attractive nuisances on their property. This includes both residential and publicly accessed swimming pools.
Residential Swimming Pools:
For residential swimming pools, reasonable steps may include the following:
- Installing a fence around the pool, at least 48″ tall.
- Above ground pool walls should be at least 48″ tall.
- Implementing self closing and self latching gates around the pool.
- Ladders for above ground pools should be removable or have a locking mechanism to prevent entry.
- Having warning signs around the pool area.
- Placing water safety equipment around the swimming pool.
- For newly constructed pools or hut tubs, the safety requirements are significantly more stringent, than previously required. Please see Florida Statute 515 – Residential Swimming Pool Safety Act for a complete list of safety requirements.
Public Swimming Pools:
Hotels, resorts and water parks have a higher legal duty, than residential pool owners, to ensure safety measures are taken to prevent children from drowning. According to Florida Statute 514 – Public Swimming and Bathing Facilities, those requirements may include the same safety features for residential swimming pools, along with the items listed below:
- A suction-limiting vent system with a tamper-resistant atmospheric opening.
- A gravity drainage system that uses a collector tank.
- An automatic pump shut-off system.
- A device or system that disables the drain.
- Requiring a certified technician to maintain the pool for safety and water quality.
Do I Need a Lawyer for a Pool Accident Claim?
Under most circumstances, filing premises liability claim for an accidental pool drowning will involve an insurance company.
Insurance companies and adjusters will vigorously defend against these claims. They typically aren’t going to simply write a check.
Proving your claim and receiving fair compensation will be a fight. When defending a premises liability claim insurance companies have many tactics at their disposal to limit the compensation you receive.
If you loved or a one has been injured by a negligent swimming pool owner in Sarasota, you have legal rights. Pursuing a premises liability claim, without sound legal representation, will almost certainly damage your legal rights and the compensation you may be entitled to.
Without an experienced and skill premises liability attorney to protect your legal rights, you’ll likely see very little compensation offered, if any at all.
Simple Reasons
Why Hire Lutz, Bobo & Telfair, P.A.?
There’s a reason that our reputation precedes us: our 25-plus year history in Sarasota has garnered us some of the top reviews in the area, from both peers and clients alike. If you are in need of an experienced law firm, with personalized service and a desire to win your case, we’re here for you. Read on to learn more about the key reasons why the law offices of Lutz, Bobo & Telfair, P.A. are considered one of the premier civil trial law firms in Southwest Florida.
They make you feel comfortable and they’ll get the job done professionally.
Built from the ground up
Solid Reputation
We are a Martindale-Hubbell AV rated law firm, the highest possible rating for legal ability and ethical standards. With over 300 years of combined legal experience at our firm’s disposal, we have a vastly experienced knowledge of the legal system.
One of a kind
Personalized Attention
We believe that when you hire an attorney, you should be able to communicate directly with that attorney. At Lutz, Bobo & Telfair, P.A., you’re never treated like a number. We work hard to understand the specifics of your situation and to craft a compelling legal strategy to fight for the best outcome for you.
Thousands of cases
A History of Success
Our law firm has recovered millions and millions of dollars in jury verdicts and settlements for our clients. While we don’t guarantee results, we do promise to work tirelessly towards the best possible outcome for you.
What our clients say
Client Testimonials
Experience and skill are meaningless without the passion to succeed. Our law firm takes pride in knowing that we’ve done our job by serving our client’s interests well. Our greatest satisfaction comes when our clients take the time to acknowledge their satisfaction with our legal representation, by providing our law firm with a testimonial.
I would recommend to family, close friends, and even shout it out from a corner. The experience was that good for me.
I feel they have been very efficient, very effective, and have gone above and beyond.
I certainly would recommend the firm to anyone in the future that is in need of legal assistance.
I truly felt like I was part of the family and I had a lawyer in the family.