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kid in pool - drowning swimming pool accidents in florida - the eberst law firm

Springtime is less than a month away, and pool parties, swim team meetings, and lazy afternoons by the pool are on the horizon; however, so are the related injuries and accidents, particularly those involving children, that are associated with swimming pools.  The Miami Herald explains that Florida tops the list of states with the most child drownings in 2017. Additionally, this articles states that as a nation, drowning is the primary cause of unintentional death in children who are one to four years old.   The subject of swimming pool injuries and fatalities dealing with children is a topic that no one likes to broach, but the numbers speak for themselves regarding the importance of educating oneself about this unnerving topic.

At The Eberst Law Firm, we would like to educate you regarding how you can best prepare yourself against these types of injuries and provide you with details about these types of accidents, but also be there for you in the event that this unspeakably tragic incident occurs as we are more than prepared to fight for you and investigate all factors of liability.

Tips for Keeping Children Safe around Pools

Watch Your Children and Avoid Distractions

First and foremost, make sure that the adults responsible for watching the children have put away their cell phones, iPads, and other electronic devices.  Just as distracted driving can contribute to driving accidents, being distracted by electronics while children are in a pool can definitely be a factor that leads to a swimming pool accident for a child.  This is confirmed by the world’s largest lifeguard association, The German Lifeguard Association, who advise that parents distracted by cell phones can lead to children drowning. Similarly, be very careful who you entrust to watch your children, as their negligence could lead to a tragedy.

Use Flotation Devices and Swimming Aids

Make sure that younger children are equipped with flotation devices, like arm floaties.  Watch them to make sure that they don’t try to take these off.

Teach Pool Safety Early

Teach your children at a young age about being cautious of swimming pools, including taking them to swimming lessons so that they can learn how to swim at a young age.

Warn Kids about Pool Drains

Be cautious of drains, as some of them have powerful suction that can entrap hair and/or body parts.  Certain drain covers, such as those with safety vacuum-release systems, are typically less dangerous for children.  If you will be going to a pool at a public facility, you can always call them to inquire as to what safety features they offer.

Know Where Lifesaving Devices are Located

Keep safety devices near the pool and seek out public pools with safety devices, such as flotation rings/buoys, whistles, pool safety hooks, safety ropes, first aid kits, and more.

Understand Swimming Pool Liability Laws and Requirements

Legally, you must take precautions if you yourself have a swimming pool and/or hot tub, according to the Residential Swimming Pool Safety Act (RSPSA).  According to this act, pool owners must do at least one of the following: 1) install a pool cover, 2) have some type of four-foot barrier around the entire pool, 3) have a pool entrance with a self-closing and self-locking mechanism, and/or 4) install an alarm for all doors and windows with direct access to the pool area. 

If you would like more information regarding protecting your children from swimming pools, Mayo Clinic offers a comprehensive list of water safety tips.

Examples of Swimming Pool Accidents & Associated Injuries

Swimming pool accidents and injuries can happen because of many unthinkable reasons, and we will use the above safety tips to provide potential examples of what could go wrong with each of these scenarios.

Example 1: Negligent babysitter, lifeguard, or other individual who is supposed to be watching a child, but is instead distracted by his or her phone and fails to see the young child walk onto a broken, snapped, and exposed diving board, leading the child to sustain a traumatic slip and fall injury.

Example 2: Child wearing brand new arm floaties that were blown up and put on the child correctly, but deflated due to a hole and contributed to a child’s near-drowning, and a week later the company issued a product recall on the floaties due to the device being dysfunctional.

Example 3: A young child wanders into a neighbor’s new pool that has not yet been secured by any of the above-mentioned RSPSA barriers, and the child falls into the pool and almost drowns.  Another example is when a young child is playing with an exposed drain and his or her arm is sucked into the powerful drain leading to an arm injury, which would be pool drain entrapment

These are only some examples of the many dozens of types of swimming pool accidents and injuries that have happened and unfortunately, will continue to happen unless people take extra precautions about swimming pool safety, especially when regarding young children. 

Please read our article , “Child Near-Drowning Accident Causes and Injuries” for more information regarding the types of injuries that can occur due to near-drowning accidents.  Similarly, in cases where the drowning of a child occurs due to someone else’s negligence, a wrongful death claim can be pursued.

At The Eberst Law Firm, we want to make you aware of these types of accidents and injuries so that you and your family can swim confidently and safely, but we also want to inform you about these accidents so that if your child has suffered a near-drowning experience due to someone else’s negligence, you are able to recognize your potential claim and prepare yourself for the next step, which is seeking an experienced attorney to pursue a premises liability swimming pool accident claim for you.

How to Pursue a Swimming Pool Accident Claim

In order to pursue a claim for a swimming pool accident/injury, negligence must be proven on someone’s behalf.  According to online legal resource Enjuris, each of the below would need to be proven in order to prove negligence:

  • The plaintiff (injured person) must show the defendant owed a duty of care;
  • The plaintiff must prove the defendant breached the duty;
  • The beach must be the proximate (AKA legal) cause of the injury; and
  • There must be damages.

It can be very difficult and almost impossible to tackle a claim like this by yourself, and that it is why it is of the utmost importance to high an attorney right away when pursuing a swimming pool accident claim.

Contact the Experienced Personal Injury Attorneys at The Eberst Law Firm today!

At The Eberst Law Firm, we are prepared to fight for you relentlessly to investigate all areas of your claim, including proving carelessness on any and all of the negligent parties’ behalves, so that we are able to recover the highest possible settlement for you. We want you to spend your time recovering from the traumatic accident as we pursue this claim for you.

Please call us as soon as possible at 772-225-4900 so that we can begin your case evaluation.  Rest assured that we have the experience, expertise, and compassion needed to handle a heartbreaking, life-changing claim like this.


About the Author of this Page: The above information was written or reviewed by one of the attorneys at The Eberst Law Firm who have extensive experience trying legal cases outside and inside courtrooms throughout Florida. This article was also extensively researched to ensure that all information is accurate and up to date. If you want to know more about the author of this page, view our our attorney bios here.

Drowning Accidents

Sources for “Children’s Swimming Pool Accidents & Injuries”

https://www.miamiherald.com/news/state/florida/article193776489.html

https://eberstlaw.com/drowning-accidents/

https://eberstlaw.com/2019/03/10/smartphones-distracted-driving/

https://www.today.com/parents/phone-distractions-can-lead-children-drownings-says-lifeguard-association-t135768

https://eberstlaw.com/2019/07/14/child-near-drowning-accident/

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515.html

https://www.legalmatch.com/law-library/article/pool-drain-entrapment-lawsuit.html

https://eberstlaw.com/wrongful-death/

https://www.enjuris.com/florida/premises-liability/swimming-pool-accidents.html

https://eberstlaw.com/2019/10/24/common-florida-slip-and-fall-injuries/