Orlando Drowning and Swimming Pool Accident Attorneys
Whether it’s lounging in a backyard pool, plunging down a waterslide at a water park, or swimming laps in a hotel pool, residents and visitors spend a considerable amount of time in the water in the State of Florida. There is no denying that a swimming pool can be the source of hours of fun and relaxation; however, swimming pools also represent an ever-present risk of serious, even fatal, injury, particularly to children. A fatal drowning accident leaves survivors with a lifetime of pain and anguish, while a non-fatal drowning can leave a victim with serious physical injuries and severe emotional trauma.
The Orlando drowning and swimming pool accident attorneys at Bailey Fisher understand the devastating physical, psychological, and financial scars a swimming pool accident leaves on the victim and the victim’s family. We also know that a lawsuit cannot turn back the clock and prevent a drowning accident from happening, but it can ensure that the party (or parties) responsible for the accident are held legally responsible. At Bailey Fisher we are committed to helping drowning and swimming pool accident victims and their families obtain the compensation that they are entitled to for the physical and emotional injuries they have suffered.
How Often Do Drowning and Swimming Pool Injuries Occur?
Estimates put the number of private swimming pools in the Sunshine State at over 1.5 million. Add to that figure the number of hotel pools, waterparks, and public swimming pools and it becomes clear why drownings and swimming pool injuries are a very real risk in Florida. Consider the following sobering facts and figures:
- Nationwide, more children ages one to four die from drowning than any other cause of death, and drowning is the second leading cause of unintentional injury for children ages 5-14, according to the Centers for Disease Control and Prevention (CDC).
- CDC estimates indicate that there are 4,000 fatal unintentional drownings every year and 8,000 non-fatal drownings in the U.S., averaging 11 drowning deaths and 22 non-fatal drownings per day.
- For every child who dies from drowning, another five receive emergency care for nonfatal submersion injuries, according to figures released by the American Red Cross.
- The National Drowning Prevention Alliance tells us that drowning can happen much quicker than we realize, in as little as 20-60 seconds.
- According to Florida Health, Florida ranks 6th overall in the U.S. for unintentional drowning deaths.
- Florida also ranked number one in the nation for unintentional drowning deaths among children under 10 years old and 4th in the U.S. for unintentional drowning death for adults (aged 18 and older).
Who Is Responsible for a Drowning or Swimming Pool Accident in a Private Pool?
According to Pool Magazine, the State of Florida is home to three of the top five U.S. cities (Miami, Tampa, and Orlando) with the most residential pools. The sheer number of swimming pools in the Orlando area increases the likelihood of a drowning or swimming pool accident. When someone drowns or is injured in a swimming pool accident that occurs at a private residence, the owner/occupier of the property may be held legally responsible under the legal doctrine of premises liability. Premises liability law imposes a duty of care on a property owner (or occupier in control of the property) to take reasonable steps to keep a visitor to the property safe and/or to warn of known hazards on the property.
There are an infinite number of ways in which a property owner might breach the duty of care owed to visitors, causing the owner/occupier to be held liable for injuries caused by a swimming pool accident. Violation of state or federal laws or regulations enacted to prevent swimming pool accidents would likely be considered a breach of the duty of care. Because a swimming pool is considered an “attractive nuisance,” property owners who have a swimming pool are subject to a heightened duty of care to prevent injury. This heightened duty is codified in the Florida Building Code which requires the property owner to erect a permanent barrier, aimed at preventing accidental drowning or injury when a swimming pool is installed. The Virginia Graeme Pool and Spa Safety Act, a federal law, further requires all pools to be equipped with an anti-entrapment device to prevent a swimmer’s clothing or limbs from being trapped in the drain.
Who Is Responsible for Water Park and Public Swimming Pool Accidents?
Millions of visitors flock to Orlando every year to visit the numerous world-renowned amusement parks. Orlando is also home to the largest number of water parks and public swimming facilities in the United States. Unfortunately, drownings and serious accidents can and do happen in these water parks and swimming pools. Design flaws, inadequate maintenance, lack of proper training of lifeguards and ride attendants, and failure to implement appropriate safety practices and procedures are common factors when injuries occur in these water parks and public swimming pools. The owner of a commercial or public swimming pool may be held liable for injuries to a visitor under the theory of premises liability if the owner failed to take the steps required to prevent injuries. In addition, if a design flaw or improper safety warning contributed to the accident, an injured victim may be entitled to compensation in a product liability lawsuit.
The complex and often confusing nature of liability in a water park or public swimming pool accident makes it even more important for an injured victim or surviving family member of a fatally injured victim to consult with the experienced Orlando drowning and swimming pool accident attorneys at Bailey Fisher immediately following the accident or drowning.
Am I Entitled to Compensation for My Orlando Drowning or Swimming Pool Accident Injuries?
If you were injured in an Orlando drowning or swimming pool accident or lost a family member in one, you may be entitled to compensation from the party or parties responsible for the accident. Compensation may include both economic and non-economic damages. Economic damages compensate the victim for the easily quantified, out-of-pocket expenses and include things such as:
- Hospital and doctor bills
- Lost wages
- Rehabilitation expenses
Non-economic damages compensate a victim for the less easily quantifiable, psychological injuries suffered in the accident and may include things such as:
- Physical pain, mental anguish, and emotional suffering
- Loss of enjoyment of life
- Scarring and disfigurement
If you are the parent of a child who suffered fatal injuries in a swimming pool accident, there is no amount of money that can ever compensate you for your loss. The responsible party (or parties) should, however, be held legally accountable for your loss and required to compensate you. Both objectives can be accomplished through a Florida wrongful death lawsuit.
Get Help from Orlando Drowning and Swimming Pool Accident Attorneys
If you were injured or lost a loved one in a drowning or swimming pool accident, the experienced Orlando drowning and swimming pool accident attorneys at Bailey Fisher are here to help. We understand the pain, trauma, and financial devastation a serious accident can cause, and we are committed to helping you recover.
At Bailey Fisher, we have the dedication, experience, and resources required to identify the at-fault party (or parties) and make sure they are held legally accountable. We will aggressively advocate and litigate on your behalf to recover the maximum compensation possible for all your injuries or loss.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando drowning and swimming pool accident attorneys will evaluate your case for free and advise you on the next steps.