Miami Pool and Drowning Accidents Lawyer: Sean M. Cleary

Drowning Accidents in Miami

More than 1K children die each year in pool accidents in Florida alone, making drowning the leading cause of death among young children in our state. Drowning causes more deaths in children ages 1-14 than anything else, except motor vehicle crashes.

For children ages 1-4 (particularly African American and Hispanic children), fatal drowning is the second-leading cause of unintentional injury-related death after birth defects.

Drowning is also a significant cause of fatality for the elderly. Each year, there are approximately ten deaths/day in the US from fatal unintentional drownings, making that an average of over 3K fatalities per year.

Miami Boating Accidents Resulting in Drowning

Although boating, swimming, and other water sports are a great way to stay cool during the hot days of summer, they have risks that you should understand before heading out on the water. It is possible to suffer an injury or even drown due to another party’s negligence or reckless actions.

Injuries and wrongful deaths that result from boating accidents and related accidents are tragic and lead to significant financial damages. When tragedy affects your life, you can seek compensation for your damages through a personal injury or wrongful death claim by proving that the driver or the property owner failed to fulfill his or her duty to protect others by keeping an accident from happening.

Examples of boating and drowning accidents in which people have been injured and have subsequently filed personal injury claims include:

• Collisions with other boats, swimmers, private property, unmarked rocks, and unmarked channels
• Swimmers pulled underwater or beyond the designated swimming area by a rip current
• Accidents due to boat equipment malfunctions
• Swimmers becoming caught in anchor lines, tow lines, and other ropes used with boats and other watercraft
• Slips and falls due to slippery docks, ramps, and ladders

Swimming Pool Accidents and Drowning in Miami, Florida: Who Is Responsible?

When hiring a personal injury attorney in Florida, make sure he or she has vast experience in a wide range of personal injury law areas, to make sure that all the possibilities are fully explored in pursuing your claim.

The question of liability for a swimming pool accident depends on the nature of the accident itself. Three legal theories could be involved in a claim in Florida:

1. Premises Liability

Accidents that are caused by dangerous conditions or defects on private or public property are called premises liability accidents. In the state of Florida, premises liability cases determining fault are based upon several factors. The legal theory of premises liability holds property owners responsible for ensuring the safety of anyone entering the premises, even trespassers.

If it can be proven that the property owner failed to act reasonably given the duty of care, then he or she will be found to have breached it, and a claim for negligence can be filed. Premises liability law applies to:

• Property possessors or operators. Landlords may be held responsible for tenant and guest injuries that occur on a rental property if he or she neglected to take reasonable care in protecting them from injury.
• Government entities and owners of government property, such as municipal, community, or school swimming pools.
• Homeowners for residential, private swimming pools.
• Property owners of private or commercial pools, including apartment complexes, campgrounds, fitness clubs, gyms, and hotels.

If a child is injured near a pool, but he wasn't invited on that property, the owner of the pool may still be found guilty based on the "attractive nuisance" theory. This legal theory sustains that if you keep on your property something dangerous but attractive to kids (for example, toys), you have the duty to make sure nobody will get hurt. Pools fall under this rule as they attract children's attention.

2. Negligence

Under the negligence basis for a drowning claim, a person is liable if he or she was negligent in causing the accident. Negligence is the failure to act as a normal person would act under the same circumstances.

• An employer might be responsible for hiring an unqualified lifeguard or for the lifeguard’s negligent supervision, leading to drowning.
• The person in charge of pool maintenance might be responsible for failing to prevent dangerous conditions.
• Lack of pool fencing, pool covers, and warning signs

3. Product Liability

If a swimming pool accident or drowning is due to a faulty swimming pool or equipment, the manufacturer of the pool or a part, the wholesaler, the retail store, and the assemblers or installers may all be included in the lawsuit.

In order to fully protect your rights, you should not give statements to any insurance company or sign any document from an insurer without first consulting with your lawyer. Insurance companies will try to convince you to settle for a low offer or get you to say something they can use against you to deny your claim.

Sean M. Cleary pursues each case with the utmost attention to detail, providing adequate personal injury legal representation to maximize recovery.

Compensatory damages recovered by successful plaintiffs suing under injury claims for drowning or other accidents have included lost wages, pain and suffering, and medical expenses.