Tampa Drowning Accident Lawyer

Many people think drowning sounds like loud cries for help and wild splashing in the wild. Unfortunately, in most cases, drowning is silent and is only noticed once it’s too late. Drowning does not discriminate and has claimed victims, from new swimmers to experienced athletes. Every day in the U.S., an average of 10 individuals die because of drowning.

If you have suffered injuries or lost a loved one because of a drowning event that resulted from the negligence of someone else, you have legal rights and options. At the law office of Jack Bernstein, Injury Attorneys, our team will fight for your rights so you recover the justice you deserve. Speak with an experienced drowning accident lawyer today and get the knowledge you need to hold responsible parties accountable.

Where Are Drownings Most Likely To Happen?

Drowning is the third leading cause of unintentional injury death across the globe and accounts for an estimated 7% of all injury-related deaths, according to the advocacy group Stop Drowning Now.

Worldwide, the highest drowning rates happen with children who are aged 1 to 4 years old, followed by children who are aged 5 to 9. 

Residential and Public Pools Drownings 

An overwhelming majority of drownings happen in residential homes, with 87% of drowning fatalities occurring to victims aged 5 and younger in pools or hot tubs. Most of these drownings happen in pools that are owned by friends and family members of the victim. 

This alarmingly high rate of residential pool and hot tub drownings is in part because residential pools typically do not have a trained lifeguard on duty, and many families fail to select a “water watcher” to keep eyes on children in the pool. Other reasons may include lax safety measures, such as failing to have proper fencing around a pool. 

While drowning accidents can still happen in a public pool, the chances are much slimmer because there are trained lifeguards on duty. 

Water Parks

While drownings in water parks are rare, these accidents still happen. Because of the nature of water parks, parkgoers are more likely to be taken to the emergency room because of a serious injury they’ve sustained while on the ride as opposed to an accident related to drowning. 

Hotels and Resorts

Most hotels and resorts do not have lifeguards on duty; if they do, it is generally for a specific period. Because of this, the risk of accident drowning increases, especially for individuals who do not know how to swim. 

Public Beaches

Beaches, including public beaches, can pose a significant threat to swimmers, even experienced swimmers. Most fatal drownings, over 80%, on beaches happen because of rip currents. A rip current is a channel of water that pushes a swimmer into the ocean. 

The force of a rip current is too strong to swim against. Instead, if you are caught in a rip current, you should let the current take you out to the ocean, then swim parallel to the shore until you get out of the current. Then, you can begin swimming back to the shore. 

Boating Accidents

Drownings from boating accidents are rare but devastating nonetheless. The U.S. Coast Guard says that in 2022, there were 636 boating fatalities. To prevent drowning while on a boat, you should always have age-appropriate life vests on board. Children should have their life vests on at all times when they are on a vessel.

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Florida’s Residential Pool Safety Act

In response to the alarming residential pool drowning across the nation, Florida enacted the Florida Residential Pool Safety Act. Under this law, all residential homes that have a pool built after October 1, 2000, must have at least one of the following pool safety features below: 

• A pool fence 
• An approved pool cover 

• Alarms on all doors and windows leading out to the pool
• A self-closing, self-latching device on all doors

Common Causes of Drowning Accidents

It’s important to know where drowning accidents happen, but it’s equally important to understand why they happen. Below are some of the most common reasons why drowning accidents happen:

• Lack of supervision: All drownings are preventable, and a majority of them occur when there is a lack of supervision. There should always be a designated “water watcher” in charge when there is no lifeguard on duty. 
• Overdependence on floatation devices: Floatation devices, including devices labeled as “life vests,” should be used in addition to adult supervision and not in place of adult supervision. Unsafe swimming aids and floating devices such as puddle jumpers can cause more harm than good as they give parents a false sense of protection, which increases the chances of drowning. 
• Inability to swim: Not knowing how to swim significantly increases an individual’s livelihood of drowning. 
• Alcohol: Intoxication can lead individuals, including experienced swimmers, to become disoriented and drown.

Consequences of Drowning Accidents

Drowning can bring with it a range of consequences that can significantly impact a victim’s life. Some of the most common consequences of drowning accidents include the following: 

• Brain hypoxia occurs if there is not enough oxygen being delivered to the brain to meet its metabolic needs
• Brain damage occurs if the brain goes without oxygen for an extended period; it can lead to the death of brain tissue, resulting in brain damage
• Fluid in the lungs
• Death

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Drowning Accidents and Wrongful Death Claims

If you have lost a loved one in a drowning accident, you may be able to take legal action against all responsible pirates. In Florida, surviving family members have two years from the date of their loved one’s death to bring forward a wrongful death claim. 

To bring a wrongful death claim, you must prove the following elements: 

• Duty of care: You must show the responsible party had a duty to your loved one to create a safe environment and act reasonably.
• Breach of duty: You must show that the defendant failed to act safely and violated their duty of care.
• Causation: This is a legal concert that shows the defendant’s actions directly caused your loved one’s death.
• Damages: You must show that you suffered financial and other losses because of your loved one’s death.

Negligence Must Be Proven in a Drowning Accident Lawsuit

Proving negligence is key to a successful wrongful death lawsuit. Often the hardest elements of negligence to prove include establishing a duty of care, a violation of the duty, and causation. 

This is where the experience of a trusted wrongful death injury attorney is invaluable. A drowning accident attorney will help you establish the facts of your case, collect critical evidence, and pursue the justice your family deserves. 

Who May Be Held Liable for Drowning Accidents?

Liability for your loved one’s drowning depends on a couple of factors, with the main one being where the drowning took place. 

If the drowning took place in a public pool, hotel, resort, water park, or other public establishment, you may be able to pursue legal action if you believe the liable party acted negligently, and you can prove it.

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How Jack Bernstein, Injury Attorneys, Can Help You After a Drowning Accident

The team at Jack Bernstein, Injury Attorneys, can help you establish a robust case by providing you with comprehensive legal support. 

With all wrongful death claims in Florida, you have two years from the date of your loved one’s death to file a claim. Our Tampa injury attorney lawyers will establish a timeline for your case so you can collect the evidence you need to prove your claims. 

Jack Bernstein, Injury Attorneys, are here for you every step of the way. Contact our team today to learn more about your legal rights and options and pursue the justice your family deserves.

Sources: 

American Lifeguard Rescue and Drowning Statistics for Beaches. (2024). 

Facts & Stats About Drowning. (2024). 

Florida Residential Pool Safety Act. (2024).  

Puddle Jumpers: More Harm than Good? How floatation devices can be dangerous for your child. (2019).

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