Pool Injury and Near-Drowning FAQs

Pool drownings occur when someone is unable to get out of a pool or body of water safely and drowns when their ability to breathe is cut-off or their lungs fill with water. In near drowning cases, a victim is saved or is able to save themselves. However, if they have been without oxygen for some time, they can still suffer debilitating, lifelong injuries.

Another common pool injury happens with dives. If someone dives incorrectly or dives into too shallow water, they can sustain fatal injuries or permanent spinal cord and brain injuries. In some cases, pools are not properly maintained and a person may slip and hit their head, falling into the water and unable to get out. In other cases, their hair or another part of their body can get trapped in a drain or another part of the pool, potentially causing broken bones or other injuries.

It is not always the swimmer’s fault. Drownings and near drownings can occur for several reasons:

• Pool areas and waterways may be incorrectly secured.
• Lack of lifeguards and other safety precautions can make pools and water areas unsafe. Inadequate signage can make water areas unsafe for swimmers.
• Poor instruction in swimming or recklessness on the part of swimmers can also contribute to drownings and near drownings.
• Pools may be incorrectly installed, maintained, or may have design flaws.
• Alcohol can increase the risk of drowning.

Unfortunately, children are most at risk of water-related injuries in Florida. Small children are less likely to have good awareness of water safety and may not have swimming skills to swim safely. In fact, small children can drown in just a few inches of water, meaning that careful attention and supervision is required any time children are anywhere near water.

Children are also most at risk because they are naturally attracted to pools and water. Sometimes, children can wander onto properties with pools and end up drowning in the pool because no one is around to save them.

While children are most at risk, anyone is in danger around the water. In Florida, especially, swimming in natural waterways or pools can be dangerous. Currents, wildlife, unexpected weather events, and other dangerous situations can turn a pleasant swim into a life threatening situation very quickly.

Since we know that children are most at risk, there are several things we can do to help prevent these tragedies.

• Teach your children to swim when they are young, so they have the water safety skills they need.
• Always properly secure your pool area, with a self-locking gate and motion detection alarm, to make sure children aren't entering your pool area.
• Report unsecured pool areas when you see them.
• Never swim alone.
• Never swim when you have been drinking, have eaten a lot, are physically weak or ill, or otherwise unable to swim safely.
• Never swim in areas that are designated as unsafe for swimming.
• Check weather conditions and water conditions before getting in the water.
• Never dive into water until unless you know its depth and know how to execute the dive safely.

In a public pool, public beach, or other supervised area, the owner of the property may be held liable if someone is injured. In other cases, homeowners may be held liable if they do not properly secure their pool area and some child wanders into the pool area and is injured. Homeowners can be also be responsible if any visitor or guests sustains a pool injury due to the homeowner’s negligence.

Premises liability claims with pool injuries are quite common, especially where children are involved. Homeowners have a duty of care to children who enter their property, even when children enter without permission.

If you have a claim, you may be able to seek compensation for all losses related to your injury. This means that if you have suffered medical expenses, have lost wages while caring for your injuries or your child's injuries, or have future expected medical costs or lost wages, you can seek compensation for all of these. You can also see compensation for pain and suffering, which is an amount that a judge or jury may determine is fair for the ways in which your life has been altered by a serious injury.

It can be difficult to determine exactly how much your case is worth on your own. You may not have any basis for comparison. This is why it's a good idea to speak to a pool injury and drowning injury claims attorney in Florida or in your community. An experienced attorney has dealt with many of these cases and understands the range of compensation possible.

Florida law states you have a claim if you have suffered an injury because of someone's negligence and if your injury caused losses. You have up to two years to make a claim, though it is best to file a claim right away, before evidence goes missing or the incident fades from witnesses’ memories.

You don't have to guess whether you have a claim. You can contact us at Flaxman Law Group to find out whether you may be eligible for compensation. Our team has over 60 years of combined experience and we have handled drowning and pool injury cases specifically. In one case, we were able to secure a $3.8 million settlement after a 3-year-old child almost drowned in a swimming pool.