According to a 2018 Miami Herald article, the state of Florida lost more children to drowning than any other state. In 2017, the Sunshine State had 51 fatal child drownings in pools or spas—a 20 percent increase over 2016. Eighty percent of these drownings involved children under the age of 5, and across the nation, drowning is the leading cause of unintentional death in children between the ages of one and four. Behind Florida, the top four states for child pool and spa drownings in 2017 were Arizona, Texas, California and Georgia.
Florida parents are urged to enroll their children in learn-to-swim programs, learn CPR techniques and be particularly diligent in watching children in pools and spas. According to the USA Swimming Foundation, 79 percent of children in households with less than $50,000 per year in income have little to no swimming ability.
Factors in Florida Swimming Pool Accidents
While swimming in the state of Florida is virtually year-round, more children attempt to beat the heat in the summer by jumping in a swimming pool. Although many swimming pool tragedies are the result of lack of supervision and inability to swim, swimming pool accidents can occur in a variety of ways, including:
- Lack of required fencing to keep small children out of a pool when no adults are present
- Lack of qualified supervisors in the area, such as lifeguards or other adults
- Slipping and falling on a wet surface
- Diving into the shallow end of the pool
- Smaller children being caught in a pool drain
- Slipping on a diving board
- Improper pool design
- Lack of safety equipment
- Inadequate pool warnings
- Defective safety equipment
Who is Liable for a Swimming Pool Accident?
Under certain circumstances, a pool owner can be held liable for injuries sustained by a visitor; however, there must be evidence that the issue causing the injury was not obvious. For example, if a child is running around a pool, despite signs which caution against running, and slips on a wet surface, resulting in an injury, a personal injury lawsuit might not be warranted.
There are many other situations, however, which would qualify for a personal injury lawsuit. To hold a property owner liable for swimming pool injuries, it must be shown that the owner had a duty of care, that the owner breached that duty of care and that the injuries were caused by that breach.
Property owners in Florida are required to maintain the premises in reasonably safe conditions and warn visitors of any known dangers. Florida’s Residential Swimming Pool Safety Act requires residential property owners to protect children by equipping pools and spas with at least one safety feature, such as a fence or a cover. If you or a loved one suffered a swimming pool accident with injuries, contact an experienced Florida personal injury attorney as quickly as possible.
Have You Been Injured in a Swimming Pool Accident?
If you or someone you love has been injured in a swimming pool accident in Daytona Beach, Florida and you believe that someone else’s negligence was to blame, it is important to speak to an experienced personal injury lawyer as soon as you are able.
At Zimmet & Zimmet our experienced Daytona Beach personal injury lawyers have extensive experience representing accident victims. Contact us today for a free initial consultation and review of your case. Call (386) 255-6400 or fill out our confidential contact form and we can help you through this difficult time.
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