Orlando Drowning/Swimming Pool Negligence Attorneys

Given that the State of Florida is known as the “Sunshine State,” it should come as no surprise that swimming pools are ubiquitous throughout the state. In fact, there are well over 1 million residential swimming pools and countless public pools in Florida. As fortunate as Floridians are to be able to enjoy swimming year-round, those pools also present a serious, often life-threatening hazard as well, particularly to children.

A drowning accident, even when it is not fatal, typically causes serious injuries to the victim. A near-drowning can leave psychological scars on a victim for many years to come. At Bailey Fisher, we understand the traumatic impact a swimming pool accident can have on a victim and the victim’s family, particularly in the case of a child, and want to help you obtain justice.

We know that no amount of compensation can make up for the pain and suffering of a pool accident injury or drowning, but it can help pay for medical and other injury-related expenses, as well as the victim’s pain and suffering. In addition, a lawsuit can help hold the negligent party accountable for the injuries suffered by the victim. At Bailey Fisher, we are committed to ensuring that the negligent party is held accountable and the victim is fully compensated for all injuries sustained in a drowning or swimming pool accident.

Drowning Facts and Figures

It is almost impossible to live in Florida and not enjoy the water. Even in the inland cities, such as Orlando, the ready availability of swimming pools and water parks compensates for the lack of ocean access. All of those pools, however, also contribute to the fact that Florida leads the nation in child drownings.

Consider the following facts and figures from the Centers for Disease Control and Prevention (CDC) and the Florida Department of Health related to drowning accidents:

Florida leads the country in drowning deaths of children ages 1-4 years.
Each year in Florida, enough children to fill three to four preschool classrooms drown before their fifth birthday.
In 2013, Florida had the highest unintentional drowning rate in the nation for children ages 1–4 years, with a drowning rate of 7.54 per 100,000.
Florida had the second-highest drowning rate in the nation for children ages 1–14 years, with a drowning rate of 2.54 per 100,000.
For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.
More than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care.
Nonfatal drowning injuries can cause severe brain damage that may result in long-term disabilities, such as memory problems, learning disabilities, and permanent loss of basic functioning.

Who Is Responsible in a Drowning/Swimming Pool Accident?

The Florida Residential Swimming Pool Safety Act (RSPSA) imposes duties on residential property owners, who can be held liable for failing to protect frail adults and children if they fail to provide required pool safety features. Although the RSPSA doesn’t do away with the need to establish a duty of care, it places the burden on property owners to implement safety features if they have a pool in their yard.

The owner of a swimming pool must proactively take steps to prevent children from accessing the pool. Specifically, all residential pools, spas, and hot tubs in Florida must have one or more of the following:

Pool cover
Four-foot barrier around the entire pool
Pool entrance with self-closing and self-locking mechanism
Alarm for all doors and windows with direct access to the pool area

Compensation in an Orlando Drowning/Swimming Pool Accident

If a property owner fails to take the required steps to prevent a swimming pool accident, the property owner can be held liable for injuries suffered by the victim of a drowning accident or by the family of a victim who was fatally injured.

Compensation in a swimming pool accident may include both economic and non-economic damages. Economic damages are direct expenses incurred because of the accident and typically include things such as lost wages, hospital and doctor bills, and expense for ongoing care. Non-economic damages address the emotional trauma a victim suffers as a result of the accident, including things such as permanent disability, disfigurement, anoxic brain injury, paralysis, trauma, pain, and suffering.

Water Park and Public Swimming Pool Accidents

Orlando is home to the largest number of water parks and public swimming facilities in the United States. Some, like those operated by Walt Disney World and Universal Studios, are among the most sophisticated and elaborate entertainment venues in the country. But accidents causing serious injuries can and do happen even at these water parks, often because of design flaws, inadequate maintenance, lack of proper training of lifeguards and ride attendants, or failure to implement appropriate safety practices and procedures. The attorneys at Bailey Fisher are familiar with the issues involved in cases involving commercial water parks and public swimming facilities, and are here to help.

Get Help from Experienced Orlando Drowning/Swimming Pool Negligence Attorneys

The Orlando drowning/swimming pool negligence attorneys at Bailey Fisher have been fighting for the rights of drowning/swimming pool accident victims and their families for decades. We bring a strong sense of commitment to helping people who have suffered serious injuries or a tragic loss due to someone else’s negligence or wrongdoing.

If you were seriously injured in a swimming pool accident, or you lost a family member to a drowning accident, we want to help you hold the responsible parties accountable for their negligence and make sure you obtain the compensation you deserve.

Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando swimming pool accident attorneys will listen to what happened and evaluate your case for free. For viable personal injury cases, we will follow up with the necessary legal action to hold the responsible party accountable for their negligence and recover the financial compensation you deserve for your pain, suffering, and losses.

Sources:

Centers for Disease Control and Prevention (2016). Unintentional drownings: Get the facts.
https://www.cdc.gov/homeandrecreationalsafety/water-safety/waterinjuries-factsheet.html

Florida Department of Health. (2019). Drowning prevention.
http://www.floridahealth.gov/programs-and-services/prevention/drowning-prevention/index.html

Florida Legislature. (2019), The Florida statues. Title XXXIII. Chapter 515. Residential Swimming Pool Safety Act.
http://www.leg.state.fl.us/statutes/

Hall, K., & Lo, M. (2006, Summer). Survey of Residential Swimming Pools Assessed by Florida County Property Appraisers, Summer 2006.
https://consensus.fsu.edu/FBC/Pool-Efficiency/ResidentialSwimmingPoolSurvey.pdf