Preventing Accidental Drownings: Taking Legal Action
If A Drowning Could be Prevented, Wouldn’t We Want To?
Personal injury lawyers hold negligent people and places accountable to prevent the harm from occurring in the future. That’s why we take on accidental drowning cases.
With the abundant access to swimming pools and beautiful coastline Florida offers, it should come as no surprise that drowning accidents are a reality for our local communities. In many cases, these incidents could have potentially been prevented by adequate precautionary measures that were overlooked. In fact, Florida ranks number 4 in the country for accidental drownings. Common causes of accidental drownings include:
- Improper indication of hidden dangers (i.e. riptides)
- Improper safety precautions (i.e. fences or barriers)
- Lack of supervision
- Negligence on the part of a property owner
In the tragic situation when a family member is lost as a result of an individual or business’ negligence, family members have the right to file a lawsuit to seek compensation for this loss. Victims of serious personal injury and wrongful death can rely on our team to help. Our firm will thoroughly evaluate your case and outline every possible course of action for you to consider. Our team of accidental drowning lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights and are not only committed to getting you the maximum amount of compensation possible, but helping you recover from your loss, so you can move forward as soon as possible.
Accident Drowning Liability Cases
Drownings may occur in many different places, from hot tubs to hotel pools to beaches. The circumstances vary widely. Sometimes alcohol may be involved. Often in these cases, there is a lack of lifeguards or employees supervising the pool, leaving no one available to save a drowning person. It is especially important for public places that serve alcohol to ensure a lifeguard is on duty near pools or beaches, in case an intoxicated guest falls into the water.
Even when alcohol isn’t a factor, guests can easily drown if they slip and hurt themselves or don’t know how to swim. If there is no lifeguard on duty, pools need to be heavily secured to prevent anyone from getting in. If you have an outdoor pool at your private residence, you probably don’t staff lifeguards. In this case, it’s important to secure your pool so others can’t get in—especially neighborhood children, who are often curious and may easily fall into a pool and drown. A high fence with a sturdy lock is recommended for securing unguarded outdoor pools.
Because there are, unfortunately, so many situations where someone might drown, each case requires a unique investigative approach. The Law Offices of Craig Goldenfarb, P.A. have a team of lawyers dedicated to evaluating all aspects of an accidental drowning, from the physical evidence, police or Coast Guard report, etc.
- Life Guard not on duty.
- Unsecure public pool.
- Public Fountains
- Neighbor’s Yard Pool
- Living community artificial lakes and canals
Boating accidents may also lead to drowning. Businesses that offer boat tours should ensure there are safety measures in place to prevent guests falling overboard. Additionally, all staff should be trained in emergency procedures to rescue a guest who does fall, including safely retrieving the guest and performing CPR if necessary.
Commercial boat captains should be screened for drug or alcohol problems that may affect their ability to safely operate a boat. Individuals who pilot a privately-owned boat and cause an accident may also be liable if someone drowns as a result. People going out on watercraft should choose a designated driver if drinking is planned, just like choosing a designated driver for a car trip home from the local bar.
Drowning Accident Liability Injury Occurrences
Aside from death, drowning can have severe long-term complications for people who survive. Oxygen deprivation usually occurs to some extent when someone has drowned, even if they are revived. This lack of oxygen to the brain can quickly lead to neurological damage, which may manifest in many different ways.
Possible injuries include, but are not limited to:
- Injuries/death after drowning
- Brain injuries from lack of oxygen if a person survives a near drowning
- Cardiac Arrest
- Stroke
- Brain Damage
- Coma
- Memory loss
- Permanent Sensory Deprivation (Vision, Hearing, etc)
- Fatalities (i.e. Wrongful Death)
The accidental drowning attorneys at the Law Offices of Craig Goldenfarb, P.A. will take the time to investigate the details of your case and work alongside you to determine the most advantageous legal strategy to pursue to obtain the most compensation possible for your injuries.
Accidental Drowning Liability & Damage Recovery
Both businesses and individuals are responsible for operating boats and pools safely. If you own a pool, whether it’s on a business property or your personal property, you have a responsibility to properly staff or secure it to prevent accidental drownings. The same safety responsibilities hold true if you operate a boat, or if your company’s staff operate watercraft. If that duty to prevent injury is ignored, people can be harmed due to the negligent conduct of a business or individual. They are then liable for bodily injuries or deaths that take place as a result of their negligence.
Accidental drowning accident compensation may include:
- Hospital & Medical Bills
- Lost Wages/Income
- Pain and Suffering
- Cost of Future Care
Don’t rely on the insurance company to inform you. Insurance agents and adjusters work on behalf of the insurance company and are not seeking what is best for their injured clients. If you have been hurt or lost a loved one to an accidental drowning, the Law Offices of Craig Goldenfarb, P.A. may be able to help you get the compensation that you are entitled to.
Insurance companies can’t be counted on to inform you. Insurance agents and adjusters work for the insurance company and seek to save that company money at every turn. You should never agree to or accept a settlement offer from an insurance company without first speaking with an experienced accidental drowning personal injury attorney. Contact us here today.
