Florida Accident Attorney Blog

Florida news media report that the Friday night death of a promising high school football star who fell over a hotel balcony rail was the second such fatal fall accident to occur in the past two weeks of Spring Break.

Police in Panama City Beach, Florida reported that Matthew James of Ohio, who had been recruited to play for Notre Dame, was on the balcony of a Days Inn hotel with several friends when he reportedly went over the rail and fell to his death. Witnesses told police that James may have been leaning over the railing and arguing with another hotel guest on another balcony before the accident occurred. While the investigation remains ongoing, police believe alcohol may have been involved in James' death.

The Centers for Disease Control and Prevention (CDC) notes that unintentional injuries is the leading cause of death for young people under age 30. The CDC lists a number of potential hazards to teens' and college students' safety during spring break in Florida and other vacation destinations, particularly when alcohol is involved. These include drunk driving accidents, sexually transmitted diseases, acts of violence, swimming pool accidents, and other causes of injury and drowning death including boating accidents and personal watercraft accidents.

Spring Breaker Death-Update
WJHG.com April 3, 2010

Matt James, Notre Dame Recruit, Dies in Fall From Hotel Balcony
SportsIllustrated.com April 3, 2010

Related Web Resource

CDC: Spring Break Health and Safety Tips

Authorities are investigating the cause of death of a man whose body was found floating off the beach at Fort Myers, Florida, last Tuesday.

Fort Myers Beach Fire Rescue received a call for help late in the afternoon when the body of a man was spotted floating about 200 yards from shore along a sandbar, near the Estero Beach Club Condominiums. EMS workers swam out to the victim, who had already died by the time they arrived. A medical examiner was looking into the cause of death to see if this was actually a death by drowning.

Florida Fish and Wildlife Conservation Commission will continue the investigation if the death was due to a boating accident. Otherwise, the investigation will move forward with the Lee County Sheriff’s Office. The victim's name had not been released.

Drowning Fatalities and Statistics
According to the U.S. Centers for Disease Control and Prevention (CDC)...

• An average of 10 people in the U.S. die each day due to drowning.
• For the year 2005, fatal unintentional drownings accounted for 3,582 deaths. This includes drownings in fatal swimming pool accidents.
• Boating accidents accounted for another 710 deaths due to drowning and other causes.
• For children aged 1 to 14, fatal drowning is the number-two cause of unintentional injury-related death.
• The chance of drowning while engaging in water recreation in a natural setting, such as in a lake, pond, or the ocean, increases with age. For people over age 15, most drownings occur in natural water settings.

A Florida accidental drowning lawyer may be contacted by families who have lost a loved one in a swimming pool, boating, or other water-recreation accident -- including parasailing accidents -- to help sort out the details of who might be held liable. On Memorial Day, the Red Cross released a report revealing that nearly 50 percent of people surveyed said they had experienced a drowning scare in their lifetime.

Investigation continues into possible drowning at Fort Myers Beach
News-Press.com July 22, 2009

CDC: Water-Related Injuries: Fact Sheet

Related Web Resources

American Red Cross Water Safety Poll

Florida Fish and Wildlife Conservation Commission

Suite101.com: Ocean Swimming Safety Tips

A news source reports that a Plantation, Florida child was saved and brought to the hospital after falling into a swimming pool.

According to the news report, the swimming pool accident occurred early Saturday. The Plantation Fire Department was called to a home where a 3-year-old had fallen into the pool. The child had been pulled from the pool by the time rescue workers arrived and was breathing and conscious. The toddler was brought to Plantation General Hospital to be examined, and initial reports indicated the child would be OK.

Florida Pool Accidents and Drownings
An experienced Florida accidental drowning lawyer stays up-to-date on state and federal safety laws that the owners of public swimming pools must abide by. The recently enacted Virginia Graeme Baker Act requires the owners of all Florida public pools and spas to put safety covers on drains to prevent small children from being sucked in and injured or drowned.

In addition, the owners of private swimming pools may be subject to Florida premises liability law if someone is injured or drowns on their property. Safety advocacy groups urge all private swimming pool owners to review safety recommendations and install fencing, drain covers, and other safety equipment, so their pools are safe for children and adults. It is also recommended that an adult supervise children in the pool at all times. Drowning is the leading cause of accidental death for children younger than age 5 in Florida.

Child rescued after falling in pool at Plantation home
South Florida Sun-Sentinel June 20, 2009

Related Web Resources

Preventing Tragedies:
Broward County and Palm Beach County Pool Accidents

Virginia Graeme Baker Act:
Information for Compliance with the 2007 Pool & Spa Safety Act

The Red Cross issued a press release for Memorial Day Weekend reminding families to take extra care when swimming at America's beaches, lakes, and in swimming pools.

A nationwide survey showed that one in four people knew someone who had died by drowning, and that 50 percent of Americans had personally experienced an incident where they feared they might drown. In addition, the survey showed that while 90 percent of families with young children plan to relax in the water over the summer months, nearly half stated that they will swim at locations that do not staff lifeguards on duty.

Florida Drowning Deaths
According to the U.S. Consumer Product Safety Commission (CPSC)...

• Florida swimming pool accidents that lead to drowning are the number-one cause of accidental death of children under 5 years old.
• Nationally, every year about 300 children under five years old die by drowning, and an additional 2,000 require emergency room treatment for injuries suffered from submersion under water. Most of these accidents occur in family swimming pools.
• Medical costs for children requiring emergency room treatment can soar into hundreds of thousands of dollars when brain injury occurs.

An experienced Florida drowning accident attorney is familiar with state and federal safety regulations designed to protect consumers.

Premises liability laws are in place to protect people who may become injured on someone else's property. The CPSC states that many communities have safety regulations in place that instruct private swimming pool owners on measures to take to keep residents and visitors safe. In addition, the federal Virginia Graeme Baker Pool and Spa Safety Act put safety requirements in place for public pools in Florida and every other state.

Florida boat accidents are another cause of death by drowning for both adults and children. Please be safe this Memorial Day weekend and take precautions for yourself and your children.

New Red Cross Survey Shows Nearly 50 Percent of People Have Had A Drowning Scare in Their Lifetime
American Red Cross May 20, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

Prevent Child Drownings

Virginia Graeme Baker Pool and Spa Safety Act

The recent accidental swimming pool drowning of an infant in Orlando County Florida is a tragic example of what can go wrong if pool safety measures are not fully in place. The Florida swimming pool drowning occurred earlier this month, when Orange County Fire Rescue responded to a mother's 911 call that her one-year-old baby had fallen into a backyard swimming pool.

The mother had attempted to perform CPR on her child, who was then airlifted by rescuers to a local hospital and later pronounced dead. Authorities have no plans to press charges against the parents. However news reports state that authorities commented that a safety fence around the swimming pool may have prevented this Florida accidental drowning death of a child.

The U.S. Consumer Product Safety Commission (CPSC) reports that in Sunbelt States, the number-one cause of death in children aged 5 and younger is drowning.

A South Florida pool accident attorney can help determine who might be liable in a swimming pool drowning death.

Florida law states that safety fencing is required for all new pools installed in Florida homes, as well as pools that were installed in homes after 2001. The CPSC recommends that private homes have fencing around swimming pools of at least 4 feet high, without handholds or anything children could use to climb on. News reports state that the home of the Orlando County family who lost their infant to drowning was built in 1986 and protective fencing was not required.

Baby drowns in Orange County
MyFoxOrlando.com Feb. 19, 2009

Preventing Child Drownings
U.S. Consumer Product Safety Commission

Related Web Resources

U.S. Consumer Product Safety Commission: Pool and Spa Safety Publications

Safe Kids USA: Water Safety Campaign

South Florida public swimming pools are supposed to be safer for kids, thanks to a new act that went into effect Dec. 19, 2008, requiring drain covers for pool filtration systems. As we've discussed before, Florida swimming pool accidents are a leading cause of childhood injury and the number-one cause of infant drowning deaths in Florida.

But some child safety advocates are concerned that the new federal Virginia Graeme Baker Pool and Spa Safety Act is not being enforced, as some states have not begun inspecting pools or have allowed pools with uncovered drains to remain open.

The law was named after former U.S. Secretary of State James Baker's granddaughter Virginia, age 7, who died as the result of a horrific hot tub accident. In 2002, at a school graduation party, Virginia was sucked into a hot tub drain and trapped on the bottom of the pool. The fierce suction in swimming pool drains can essentially eviscerate a child if the suction pulls the child in by the abdomen. Virginia's mother and two other adults eventually freed the little girl, but by the time she got to the hospital, it was too late.

The controversy now is how individual states, including Florida, will go about enforcing the new federal swimming pool safety law. Child safety advocates are calling for immediate inspections of all public swimming pools and demanding that states close down non-compliant facilities, before more children like Virginia suffer a needless and wrongful death.

As South Florida swimming pool accident lawyers, we are well aware of the many dangers swimming pools present to young children. We will be following this story to see how well the new federal Virginia Graeme Baker law is being enforced in public swimming pools in South Florida and around the state.

Some ignore law to prevent pools from being child deathtraps CNN.com Jan. 15, 2009

Related Web Resources

Safe Kids USA: Water Safety Campaign

U.S. Consumer Product Safety Commission: Pool and Spa Safety Publications

The Association of Pool and Spa Professionals

You're walking down the concourse of a South Florida shopping mall, when suddenly you slip and fall on a wet floor and injure your back. Who is liable for your medical bills and lost wages? Or maybe it's a parent or grandparent in a Florida nursing home who falls when attempting to get out of bed and breaks a hip. Who is responsible in that case?

Premises Liability in Florida
Laws are in place to protect Florida citizens and visitors from slipping, tripping, falling, and injuring themselves while shopping or out in other public places, as well as while visiting the homes of others. Property owners are liable to keep their properties safe from dangerous obstructions and conditions that could cause a person to slip, trip and fall. These laws extend to Florida swimming pool safety as well, including decks and stairs.

If you slip and fall -- and you are physically able -- we recommend you do the following:

• Take pictures (your cell phone camera may suffice) of the conditions that caused you to slip and fall. Once the accident scene is cleaned up, those details will be lost!


• Write down all the details leading up to the fall -- what you were doing, where you were walking, the lighting, conditions of the floor or ground, and any obstructions present.


• If you are physically unable to document the details yourself, ask a friend or family member to record what you can remember as soon as possible.


• If witnesses are nearby who could vouch for what happened, ask for their names and phone numbers.


• If you are injured in a public place, report the accident to the store manager or property supervisor. Insurance companies have a field day with "unreported accidents." Get your accident on record BUT take care not to speak to the property owner's attorney or insurance company. That's what your personal injury attorney does on your behalf.

If you need to file a lawsuit against the property owner for damages and compensation, be prepared to have your story called into question. Lawyers for the property owner's insurance company may try to make the Florida slip and fall accident seem as if it was your fault, or even that your injuries were caused by a pre-existing condition or an earlier accident.

As South Florida personal injury lawyers, we've assisted many people over the years who got injured in slip/trip and fall accidents while shopping, dining, or visiting public places. The cases that turn out favorably for many plaintiffs are the ones where the injured parties had the foresight to document what happened immediately -- before time, stress, and the property owner's insurance company -- can make the details fuzzy.

Florida's infant death rate due to drowning is double the rate as compared to other states in the nation. Swimming pool accidents account for the majority of infant drowning deaths here in Florida.

With so many grandparents returning to Florida to spend the winter, pediatricians want to remind seniors tending to their beloved grandchildren to be especially aware of hazards that could cause small children to have slip and fall accidents in and around swimming pools.

Pediatricians also recommend that Florida parents, grandparents, and caregivers learn infant CPR, as nonfatal drowning accidents can still cause brain damage in developing children, when the brain is deprived of oxygen.

The Consumer Product Safety Commission is behind a new law that went into effect Dec. 19, 2008 designed to increase swimming pool safety measures at all public pools and spas. The law pertains to drain covers and other pool and spa mechanisms that can cause children to become trapped under water. Nationally, drowning is the second-leading cause of accidental death for children ages one to 14.

As residents of the Sunshine State as well as Florida swimming pool accident lawyers, we can't stress swimming pool safety enough -- particularly when children are in the picture. Please be aware of consumer safety tips for swimming pool owners and check your pool safety equipment regularly.

Florida has highest infant drowning rate
NBC2 News Online Nov. 23, 2008

New pool safety law goes into effect this holiday season
ConsumerReports.org Nov. 24, 2008

Related Web Resource
American Academy of Pediatrics: Pool Safety for Children

Here in Broward County and the Palm Beach and Fort Lauderdale area, we South Florida residents enjoy some of the finest year-round weather in the nation. Besides our world-class beaches, Florida's swimming pools are a big part of our lifestyle. Many homes and condo and apartment complexes have them, and public swimming pools offer a way to cool down for families who don't own their own swimming pools.

The dark side to the sunny South Florida lifestyle is Florida has a higher than national average rate of childhood deaths due to drowning. Some sobering statistics:

• According to the CDC, drowning was the number-one cause of death for Florida children ages 0 to 5 years old in 2005 (45%), followed by motor vehicle traffic accidents (30.9%).


• Nationally, drowning is the second leading cause of death due to injury in children ages 1 to 14.


• In 2004 in the U.S., 761 children age 14 and younger died due to drowning.

The Virginia Graeme Baker Pool and Spa Safety Act, which became effective Dec. 20, 2007, was designed to make public swimming pools and spas safer. The U.S. Consumer Product Safety Commission (CPSC) is administering this Federal act, which mandates that all U.S. public swimming pools and spas must be in compliance with safety requirements by Dec. 20, 2008.

Some of the safety requirements include proper fencing and barriers, a "safety vacuum release system" at suction outlets where water is pumped and recirculated, and drains that have covers and otherwise meet Consumer Product Safety standards to avoid entrapping swimmers. Of course, adult supervision by watchful parents or caregivers is one of the best means of preventing child pool drowning and accidents.

Public pools and spas in Florida and the other states who have not complied with the Pool and Spa Safety Act by Dec. 20, 2008, will be found to be in violation of the Act.

New Swimming Pool and Spa Safety Act for All Public Pools International Business Times Nov. 10, 2008

Related Web Resources

U.S. Consumer Product Safety Commission: Pool and Spa Safety Publications

The Association of Pool and Spa Professionals