According to Centers For Disease Control and Prevention (CDC) statistics, approximately 3,536 people drowned each year in pools and other non-boating-related accidents over a ten-year span in the United States. Sadly, of the total number of accidental drownings, approximately one in five victims are aged 14 or younger.
Florida Takes Swimming Pool Safety Seriously
According to Florida Statute § 515.27 and § 515.29, residential swimming pools must meet at least one of these requirements:
- The pool must be isolated from access to the home by an enclosure that is at least four feet high without any gaps or openings
- The pool must have a safety cover
- The pool must have an alarm with motion detection
- All doors and windows leading from the home to the pool must be self-closing and self-latching or have an exit alarm
If someone you love drowned in a pool that did not comply with the required guidelines, you could be entitled to financial compensation from a wrongful death lawsuit.
According to Florida Statute § 768.075, an unguarded or improperly enclosed pool might also be considered an “attractive nuisance” under Florida law, which, according to the Legal Information Institute, means property owners may be liable for accidents involving children even if the victim was trespassing. For example, this may apply if a child wanders into a neighbor’s backyard, sees a toy they want to play with in the pool, falls into the water while trying to reach the toy, and drowns.
Determine Your Eligibility To File a Wrongful Death Action
If you have a loved one who drowned in a pool and their drowning was the result of negligence, Florida Statute § 768.19 may allow you to seek compensation. Though the loss of a loved one negatively impacts their entire family, Florida Statute § 768.21 defines which family members are eligible to receive financial compensation. You may be eligible for compensation through a wrongful death lawsuit if you are the deceased person’s spouse, parent, or child.
You should also consider consulting with a legal professional if you are the sibling of a drowning victim and relied on them for all or part of your financial support. A lawyer may help you determine your eligibility to file a wrongful death claim to seek financial compensation.
Financial Recovery After an Accidental Drowning
Unfortunately, many people drown every year in pools. If you and your family lost a loved one in an accidental drowning in Florida, you might be eligible for financial compensation by filing a wrongful death claim. Talk to a swimming pool injury lawyer from our firm about your situation. Depending on your case’s specifics, we will advise you on the best options you have to receive a fair settlement for your family.
When our team represents you in your wrongful death claim, we will work hard to uncover the cause of your loved one’s drowning and define the mental, emotional, and financial impact of your loss.
Contact the client intake team at the Law Offices of Anidjar & Levine by calling 1-800-747-3733 to find out how our team will go the extra mile for you.
