Florida Drowning Accident Lawyer

Don’t all bodies of water pose similar risks of drowning?

While drowning accidents can happen in any body of water, some are more hazardous than others. For instance, building codes and water management district manuals create slope requirements and other specifications related to design, construction, maintenance, and water flow. Management districts created by the state publish permit information manuals that detail what permits and regulations, both state and Federal, apply.

Some of the requirements include:

• Slopes that aren’t too steep: Steep slopes can make it difficult for people who fall into the water and are panicking to get out of the water safely, increasing the risk of drowning.
• Fences: In some instances, the best way to protect against accidents in and around the water is to surround them with secure fences.
• Post signs: Signs can help warn people that the body of water is nearby and that it’s not safe for swimming.
• Clearing vegetation: Cutting back trees, bushes, grass and other plant life can help people see the water’s edges and avoid falling in.
• Providing life-saving equipment: Placing life rings close to the edge of the water can help rescue efforts if someone does fall in.

If those responsible for managing the property don’t take these steps, they can place others in danger, making them potentially liable for drowning accidents that occur as a result.

What about man-made lakes and retention ponds?

Increasingly common in Florida, man-made lakes and retention ponds often serve as aesthetic additions to residential neighborhoods or as components of stormwater management systems. However, these bodies of water can be deceptively dangerous. Without proper barriers or warning signs, they can become hazards, especially for children.

Retention ponds are particularly concerning because they’re often mistaken for safe, shallow areas. Their steep slopes and murky waters make rescue efforts challenging. As communities continue to develop in Miami and throughout the state, the prevalence of these ponds will only increase. Parents and caregivers must remain vigilant and advocate for enhanced safety measures in their neighborhoods.

Who is liable in a drowning accident?

Determining liability in a Florida drowning accident can be tricky. At Hickey Law Firm, we investigate the circumstances of the incident to identify responsible parties. Common liable parties can include:

• Private pool owners and businesses must stick to strict safety standards, like installing barriers and maintaining equipment.
• Homeowners associations (HOAs) and property managers may be held liable if retention ponds or community pools lack the appropriate safety measures.
• Pool equipment manufacturers can be held accountable for defective products contributing to accidents.

Understanding drowning

StopDrowningNow reports that 10 people drown every day in the United States, with 3,400 people drowning each year. Drowning is also the number-one cause of death for children aged one through four.

The CDC notes:

• Drowning is the process of experiencing respiratory impairment from submersion or immersion in liquid. Drowning happens when a person's nose and mouth are underwater for too long, making it impossible to breathe. Drowning is not always fatal.
• Fatal drowning happens when the drowning results in death.
• Nonfatal drowning happens when a person survives a drowning incident. Nonfatal drowning has a range of outcomes or results, from no injuries to very serious injuries such as brain damage or permanent disability.