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ABOUT THIS PRACTICE
Drowning Accident Attorney
Drowning accident lawsuits occur in the Miami area as well as all over South Florida. These cases are now some of the most prevalent in the South Florida court system. The state of Florida ranks among the nation’s highest for drowning fatalities for young children in swimming pools. The Center for Disease Control (CDC) reports that drowning accidents rank as the second leading cause of death in children aged 1 to 14. 4,000 fatalities occur as a result of drowning each year in the United States. Children under the age of 14 comprise approximately one-third of these deaths. Furthermore, nearly 20 percent take place in a public pool with a trained lifeguard present.
Numerous laws in relation to swimming pools and other public swimming pools are already in place. Florida Law like the Good Samaritan Law and other provisions can help to prevent an unfortunate, unexpected accident. This benefit is two-fold as it not only could save the life of a potential victim but additionally protect a proprietor from liability and criminal prosecution. However, a swimming pool not properly protected still poses risk for a child or other individuals to suffer permanent injury. Additionally, this situation can result in an unfortunate and unnecessary fatality. Many of the county laws in the state of Florida require owners implement locking fences around pools. This aids injury prevention and drowning. If an owner does not meet these compliances, they can be held legally responsible for any injury or loss that takes place.
Drownings Can Happen in a Blink of an Eye
Drownings, as well as near-drownings in swimming pools, can be caused by careless supervision, improper pool covers, unsafe drain covers, in addition to negligent care. In many cases, the accident can be attributed to a lack of proper care or precautions from those responsible for the property and pool. Drowning accident lawyers like those from our firm provide consultation to determine whether legal actions can be taken to assign responsibility, additionally seeking recovery after a tragic incident.
How Often do Drownings Occur?
With so many swimming pools in homes, hotels, and parks, in addition to the aquatic nature of the South Florida lifestyle, children can often be left in the water alone and unsupervised. In some cases, the accidents take place in yards where a pool is not properly covered, blocked, or fenced off.
Furthermore, drownings and near-drownings take place in nursing homes and other elderly care facilities. Here, residents can be too weak to hold their head above water in bathtubs or other aquatic facilities and fixtures.
A facility owner or operator is responsible if a drowning or injury was the result of negligent property conditions. Slip-proofing installation around a pool can prevent slip and fall injuries. Also, all safety equipment should be available at the ready. Additionally, warning signs must be posted to prevent injuries at any aquatic facility as improper diving depths and slippery surfaces can lead to the injuries for patrons of any age.
The Aftermath of Near Drowning Cases
A significant percentage of near-drowning cases result in brain damage. This can occur after mere minutes underwater. As a result, a victim is left mentally incapacitated for the remainder of their life. An unfortunate circumstance like this is always accompanied by significant costs for rehabilitation and specialized care they require. Lifelong care for brain trauma victims approaches millions of dollars.
The Miami drowning accident lawyers of the Gamba, Lombana, & Herrera firm is available for free and confidential consultations for anyone who is affected by a drowning or near-drowning incident caused due to the negligence or acts of another individual or entity.
Our attorneys boast experience and education regarding cases of this nature. We can help you retain compensation for an unfortunate injury or fatality. We maintain excellent relationship with Florida Police, as well as other experts that can help your case. GLH Lawyers strive to assist in making you whole again through monetary compensation, or the best compensation of all, justice. We will represent and defend your rights in a court of law, formulating the best possible strategy for success.
Accidents do happen, and sometimes these circumstances result in the injury of a loved one. However, when a negative outcome is due to negligent actions of another individual, the situation is different altogether. For more information on how we can help contact us to render aid, or call us, one of our caring, concerned professionals will get back to you promptly.