Drowning Accident Lawyer in Florida
Swimming is a popular, fun pastime in Florida. It also carries the risk of drowning, and depending on the situation, even seasoned swimmers can become victims. If you or someone close to you has suffered injuries from drowning, you may be entitled to compensation. Make sure to contact our personal injury lawyers to see all of your options.
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Common Causes of Drowning Accidents in Florida
Certain factors commonly cause drowning accidents in Florida. They include lack of supervision around pools and beaches, swimming alone without a lifeguard present, rip currents and undertows, boating accidents, alcohol impairment, swimming in restricted or undesignated areas, inclement weather conditions, lack of proper safety equipment and inadequate pool or beach safety measures.
Lack of Supervision Around Pools and Beaches
Lack of supervision around pools and beaches is one of the most common reasons for drowning accidents. Children are most susceptible when lifeguards or other responsible adults aren’t there to watch them. However, even strong adult swimmers can get into trouble and need assistance.
Children Left Unattended Near Water
Children can get into drowning accidents when left unattended near water. Someone must be there whenever a child is in the water.
Swimming Alone without a Lifeguard Present
Lifeguards must be present at public pools and beaches. When this is not the case, disaster is more likely to happen. People can have accidents in the water and drown, opening the door for personal injury or wrongful death lawsuits.
Rip Currents and Undertows
Sometimes, outside factors can cause drowning accidents. On the beach, rip currents and undertows can overwhelm even seasoned swimmers. The force and weight of the waves can cause people to lose control of their swimming and end in tragedy. It’s best to avoid going into the water when these conditions exist.
Boating Accidents
Boating accidents account for many drowning accidents in Florida. They can occur when a boat runs into mechanical failure, weather changes make being on the water dangerous or when people fail to wear life jackets or other protective devices.
Alcohol Impairment
Consuming alcohol to the point of impairment carries numerous risks, including increasing the chances of drowning accidents. Anyone who plans on going into the water must remain sober for their safety. Alcohol impairment diminishes your reflexes, reaction time, judgment and more.
Swimming in Restricted or Undesignated Areas
Certain areas around beaches are restricted from public use for safety. If someone disregards signs or fenced-off undesignated areas and goes into the water, an accident can happen, and in the worst cases, they can drown.
Inclement Weather Conditions
Inclement weather conditions can make going into a pool or the water at a beach dangerous. Heavy rain, lightning and hurricane weather can create hazards that cause a person to be pulled under or struck by lightning. Whatever the condition, inclement weather can cause drowning when people are in the water.
Lack of Proper Safety Equipment (Life Jackets, Etc.)
Drowning sometimes occurs because of a lack of proper safety equipment. Those on boats need gear like life jackets handy in case of a boating accident or man overboard situation. Inexperienced swimmers and those who can’t swim also need safety equipment such as kickboards to keep them afloat.
Inadequate Pool/Beach Safety Measures (Fencing, Signage, Etc.)
According to Florida Statute 515.27, residential swimming pools must be properly secured with fencing or other barriers and safety covers. Public pools and dangerous beach areas must also be enclosed to trespassers, and signs must be present to warn people. When these safety measures are lacking, drowning accidents can happen.
Statistics on Drowning Incidents in Florida
Swimming, boating and other water activities regularly occur in Florida. Unfortunately, the area is no stranger to rip tide currents and various water accidents that lead to drowning. By the first quarter of 2023, eight people drowned in Melbourne Beach. Statistics have also shown that most fatal drownings occur in the area in the afternoon, after 3 PM. Oddly, many of these incidents happen during low tide. All also occurred on beaches without lifeguards present.
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Liability in Drowning Accidents in Florida
When drowning accidents occur in Florida, someone is liable. You must understand premises liability for property owners and negligence by lifeguards or other parties.
Premises Liability for Property Owners
According to Florida Statute 768.0755, property owners must keep their premises reasonably safe to prevent accidents. This includes pools, and if a dangerous condition exists, they must fix the problem or block off the area and issue warnings. If the property owner fails to take proper measures to ensure safety and someone drowns, they can be held liable.
Negligence by Lifeguards or Other Parties
Lifeguards must be alert at all times while on duty. If someone appears to be drowning or has difficulty in the water, they must act immediately to rescue the person. Taking too long to react or not doing anything can lead to a tragedy.
Types of Damages Recoverable
Certain damages are recoverable in a drowning accident lawsuit. They include medical expenses, lost wages and pain and suffering.
Medical Expenses
Even victims who survive drowning accidents can have hefty medical expenses. This includes ambulance rides, hospital stays, medication, diagnostic testing, rehabilitation and other treatment.
Lost Wages
Drowning accidents can cause surviving victims to lose time from work. A letter from the employer and proof of income can show how much money a person has lost while recovering from their injuries.
Pain and Suffering
A drowning accident can cause pain and suffering to the victim. The person might have breathing problems after the incident or relive it mentally, experiencing anxiety or post-traumatic stress disorder. Some can also develop a crippling phobia of water.
Wrongful Death Claims in Drowning Accidents in Florida
Wrongful death actions are based on negligence. According to Florida Statute 768.21, if a person dies in a drowning accident, a wrongful death claim can be filed.
Who Can File a Wrongful Death Claim?
In Florida, the personal representative of the victim’s estate can file a wrongful death claim. This is done on behalf of the surviving family members.
Importance of Hiring a Drowning Accident Lawyer in Florida
There are good reasons to hire a drowning accident lawyer in Florida. A personal injury attorney understands the claims process and statute of limitations and knows how to deal with insurance companies in personal injury cases.
Understanding the Claims Process and Statute of Limitations
Drowning accident lawyers know how the claims process works and can ensure your lawsuit is filed within the two-year statute of limitations. Your attorney can advise you on what to expect with your case.
Dealing with Insurance Companies in Personal Injury Cases
Personal injury cases often involve insurance companies. If your drowning injury case is no exception, your lawyer can negotiate with an adjuster to ensure you get satisfactory compensation for your damages.
Andrew Pickett Law Can Help Drowning Accident Victims in Florida
If you or a loved one have been involved in a drowning accident in Florida, our experienced team is prepared to listen to your story and fight to secure the compensation you rightfully deserve. Whether the incident occurred at a pool or a beach, we’re here to help. Don’t hesitate to reach out to us by calling our office or submitting your details through our online contact form. We’ll promptly arrange a free, no-obligation consultation to discuss your case and explore your legal options regarding the accident.
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I had an auto accident back in September, and went to Andrew Pickette Law to get a case going for my medical expenses I was having to deal with. I was working closely with Vonda and Tiffany Whitehouse through the last several months. We’ve finally come to the conclusion of my case and I am so thrilled with the outcome. These ladies have been here for every question and concern that I’ve had during this process. This is an exceptional law office and would recommend anyone seek out their services. You’re getting someone that is from our area, knows Florida laws, and truly gets to know their clients.
Luke Dow
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Andrew Pickett is an exceptional attorney and an even more incredible advocate for his clients! I had the pleasure of hosting him on The Care Sandwich Podcast, where he shared his journey and passion for helping those who’ve been wronged.
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For almost 2 yrs Mr. Pickett and his team worked endlessly on my case. They showed tremendous dedication and drive. Lindsey was always staying in contact and always reassuring me that they got this so don’t worry. Today I get a call stating we WON, all I can say is thank God that Andrew and Lindsey took my case because without them I don’t know what would have happened. God bless them both I love you guys.
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Meet Andrew Pickett
When you sustain injuries in an accident due to the negligence of someone else, I am here to be your personal advocate and to navigate the murky policies of insurance companies designed to confuse and prevent you from receiving just compensation. My Florida personal injury law firm works together to investigate your case, prepare it for trial, and ensure that justice is served due to your accident and injuries.
When you sustain injuries in an auto accident caused by someone else’s negligence, we are here to be your advocates and guide you through the often-confusing insurance policies designed to delay or limit fair compensation. Our team works together to thoroughly investigate your case, prepare it for trial when necessary, and fight to ensure justice is served for your accident and injuries. You are more than just a number; you’re someone whose story matters. We are here to help. Our team will guide you through the civil litigation process and work tirelessly to secure the compensation you deserve so you can move forward.
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