Child Near-Drowning Accident Causes and Injuries

Near-Drowning Risk For Florida Children

One of the most common forms of recreation for children in this country is swimming and other water-related activities. Whenever water is involved, children can be at risk to suffer severe injuries by nearly drowning. It is imperative that all safety precautions must be taken when children are at play near water in order to avoid these kinds of injuries. Unfortunately, there are all kinds of ways people can be negligent and contribute to a child suffering a near-drowning injury. These parties that contribute negligence can often be held liable for these injuries and be the target of legal action seeking compensation for damages.

Florida Near-Drowning Injury Claims

Those with children that have suffered near-drowning injuries because of a liable party’s negligence have the right to file near-drowning injury claims. By filing these claims, a plaintiff can seek compensation from liable parties for damages such as medical expenses, disability, as well as pain and suffering. By proving that a liable party was negligent and that their negligence contributed towards a child’s near-drowning accident, a plaintiff can make their case for compensation.

Handling a near-drowning claim on your own is a sure way to risk mistakes that can decrease the value of a settlement that you may receive. Proving a liable party’s negligence takes evidence gathered through thorough investigation and experience as well as evidence for what to look for. Negotiating skills are also essential on top of an understanding of the legal process and all the nuance that comes along with it. Allow the experienced lawyers of Eberst Law to handle your case and give it the best chance possible of securing the settlement that can help stabilize your life. To contact Eberst Law either fill out an online contact form or call our office at 772-225-4900.

Near-Drowning Injuries

Near-drowning is essentially when someone almost suffocates to death due to submersion underwater. Liquid can enter the lungs and prevent the intake of oxygen but it can also cause lingering issues such as the following.

Pneumonia: A lung infection that may occur after a near-drowning because of liquid that filled the lungs. The air sacs in the lungs can swell as a result of the infection and cause difficulty breathing.

Hypothermia: a condition that occurs when the body temperature drops too low for a long period of time. Organ failure may develop and cause death.

Acute respiratory distress syndrome (ARDS): A sudden and very serious condition that occurs when the lungs swell and fill with liquid. This condition causes severe shortness of breath and may lead to respiratory failure. Respiratory failure means the person cannot breathe well enough to get oxygen to the cells of his body.

Brain edema: Swelling in the brain caused by fluid buildup. It may be caused by brain cell damage that occurs from a lack of oxygen for a long period.

Common Causes of Near-Drownings
  • Inability to swim
  • Lack of gates with locks and four-sided barrier fencing around swimming pools
  • Lack of close supervision
  • Failure to wear life jackets (especially for boating deaths)
  • Seizure disorders
  • Leaving pool toys in the pool that attract children
  • Obscured or missing depth markers
  • Untrained or distracted lifeguards
  • Slip-and-falls
  • Damaged diving boards and other equipment, such as steps and ladders to the pool (for above-ground pools)

Liability for Child Near-Drowning Accidents

When it comes to who exactly may be at fault for the near-drowning of a child the liability can come from several sources and sometimes several sources at once. One of the most common liable parties is the owner of the property where a child nearly-drowned. Cases like this rely on premises liability and hold property owners accountable since they have a duty to their guests to ensure water recreation and the environment is safe within reason. Children can sometimes be hurt because of negligent pool design, poor supervision, and other negligent conditions.

In other situations, a child may be injured in a near-drowning because they were using a product that helped to contribute to the accident. Product liability holds manufacturers, product designers, or retailers accountable for the damage their product did because of its negligent design, manufacturing flaws, or failure to put proper warning labels. Children can nearly drown because of defective pool products like pool toys, diving boards, ladders, pool cleaning equipment, etc.

Consider Eberst Law as Your Drowning Accident Attorney

If you have had a child suffer a near-drowning injury because of a liable party’s negligence then do not hesitate to contact Eberst Law about your options for taking legal action. Near-drowning injuries cause serious damages that can alter the course of a child’s life for the worse. Eberst Law specializes in cases such as these and can provide you the specialized knowledge and experience that you will need to get the settlement that you need.

When you have Eberst Law in your corner fighting for you, your case will receive the personal attention of lawyers ready to aggressively pursue compensation for the damages your child suffered. Your case will receive the resources and knowledge of attorneys that have handled drowning injury cases successfully for a number of plaintiffs that have suffered similarly to you. To contact Eberst Law you can either fill out an online contact form or call our office at 772-225-4900.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601


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Attorney Jon Eberst

Attorney Jon Eberst

Jonathan Eberst, the driving force behind The Eberst Law Firm, is known in his community and across Florida for knowledge and skill in the personal injury industry. Respected for his friendly and help attitude, he has consistently helped thousands of clients, ensuring their rights are upheld. Jon's profound expertise makes him a sought-after voice in the legal community, both online and in-person.

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