A family member's drowning is an unimaginable tragedy.
If their accident was caused by the negligence of another party, you may have grounds for a wrongful death or personal injury lawsuit.
No sum of money can make up for a loved one's drowning, but Moody Law in Lakeland, FL, can help you get the compensation you deserve.
Death by Drowning
There are approximately 4,000 drowning deaths each year in America. While anyone can drown, children are at the highest risk. In fact, drowning is the second leading cause of death for children aged 14 and under. For children 4 years old and younger the most common place to drown is in a swimming pool.
It is a common misconception that drowning only refers to death. In fact, there are twice as many non-fatal drowning accidents each year. Over 40% of non-fatal drownings result in hospitalization and extended medical care. Consequences include brain damage and long-term disabilities.
Child Drowning Deaths
The Every Child a Swimmer Law
In 2021, drowning deaths among Florida children hit an all-time record high. To combat this catastrophe, the state has instituted the "Every Child a Swimmer" law. This law mandates that starting with the 2022-2023 school year, public schools must provide swimming safety and education materials to students if their parents have not taught them how to swim.
The Red Cross states that swim lessons reduce the risk of drowning in children by 88%. If applicable, our accident lawyers will explore whether or not your child's school committed negligence by failing to abide by the "Every Child a Swimmer" law.
Common Types of Drownings
Swimming Pool Accidents
There are both federal and state laws regulating certain behaviors the owners of pools and spas must follow. One example is updating drain covers to modern standards, so they do not cause dangerous suction that in the past has led to the drowning of many children. Another example is a public pool whose lifeguards acted recklessly or negligently.
A large number of drownings occur at sea and involve boats, jet skis, wave runners, and other water sport vehicles. While some of these do occur through no fault of anyone involved, there are cases where someone was so negligent and reckless that they are liable for the drowning. An example would be a boat driver who ran over someone in the water.
Accident Attorneys Lakeland Can Count On
Moody Law was wonderful in getting our case resolved. Ms. Debbie was great at staying in touch and keeping us updated on the progress. It was a relief to have such a professional, respected law office represent us during what was a challenging situation. I would definitely recommend Moody Law!View on Google
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Contact Our Accident Lawyers Today
Our accident attorneys prioritize creating a trusting relationship with you from day one. Every case at Moody Law begins with a free consultation. If you cannot make it into our Lakeland office, one of our personal injury attorneys is happy to meet you at home or in the hospital.
For your injury claim, you will not be charged a dime unless we win your case. Thanks to this arrangement, you can be sure that we have no interest in running up attorney's fees, and our only goal is your successful drowning lawsuit.
Types of Drowning Lawsuits
If your loved one passed away in a drowning accident, your lawyer would allege wrongful death. Wrongful death suits seek to recover damages that compensate remaining family members for the death of their family member.
If you or your loved one experienced a non-fatal drowning, your lawyer would pursue a personal injury lawsuit. These suits are designed to achieve compensation for the injuries and bills that were experienced by the harmed person.
In very extreme situations, it may be the case that the party who caused the drowning was so severely reckless and negligent that they may be criminally charged. For example, if a boat driver was under the influence of drugs or alcohol your lawyer could seek a manslaughter charge.
SWIMMING POOLS AND PREMISES LIABILITY LAWS
The owner of a swimming pool can be liable in a drowning incident. Since a swimming pool is part of a property someone owns, premises liability laws often apply in drowning lawsuits. It is the obligation of any swimming pool owner to ensure their pool is safe.
There are different considerations for patrons of public pools, guests using pools on private property, and people trespassing at a pool:
- In public pools, invitees (patrons) are entitled to the owner ensuring the pool is well-maintained and repaired.
- For private pools, licensees (guests) are entitled to warnings regarding non-obvious pool dangers.
- Trespassers are owed nothing by pool owners, however this lack of duty is waived if the trespasser is a child.
What Makes a Pool Owner Liable
There are some risks that are so obvious they do not apply in any of the above cases. These include slippery surfaces and diving from clearly dangerous heights. On the other hand, hidden obstructions can make the pool owner liable.
A number of other failures can also open up a pool owner to a drowning lawsuit. Examples include if:
- The pool owner failed to provide invitees with emergency safety equipment.
- Pool equipment is in a horrific state of disrepair and there is no warning to swimmers.
- A public pool does not provide sufficient and capable lifeguards they may be liable for drowning.
Accident Lawyers Lakeland Trusts
Moody Law did an exceptional job with my case. I am very pleased with them. Sam was very helpful and always kept me informed throughout the process. Thank you!View on Google
Moody law is a 5 star firm. Debbie is an amazing woman to work with, she is a major asset to the company, very professional and knowledgeable. I would highly recommend this law firm for any legal matters. Great law firm, Mr. Moody was very pleasurable and easy to work with.View on Google