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.
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.
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:
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:
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:
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.
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.
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.
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.
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.
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.