Child Drowning – Where To Turn for Legal Help


According to the Centers for Disease Control and Prevention, ten people drown every day in the United States. Drowning is responsible for more deaths among children 1 to 4 than any other cause except congenital anomalies (birth defects). Among those ages 1 to14, fatal drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes. Approximately one in five people who drown are children under the age of 14 and many more are injured or brain-damaged after being submerged. Florida loses more children under the age of 5 to drowning than any other state in the nation.

Drowning can happen quickly and quietly anywhere there is water, and even in the presence of lifeguards.After a drowning, it is common for family members to begin asking questions. How did this happen? Could this drowning have been prevented? Was the pool or body of water safe? Did the lifeguards or social hosts do their job? Was the child being watched appropriately?

While all drowning cases involve a life ended too soon, some drowning accidents also involve legal liability. If someone’s negligence or recklessness causes another person to drown, the victim’s family may receive compensation for the loss of their loved one through a wrongful death lawsuit. Many states and the federal governments have enacted numerous requirements for those operating swimming pools or spas, including fencing and depth regulations.Child wading pools often must be a certain distance from the main pool. Hotel and resorts operators must be in strict compliance with these laws or they put themselves at risk of liability. Federal law, and a growing number of state laws now require those operating public or semi-public pools or spas to install drain covers designed to prevent drain suction in pools and many hot-tubs. Older style drain covers have often proved inadequate to prevent people most often children from getting trapped by the suction around a pools drain, which pulls water out of the pool for recirculation. The newer drain covers aim to prevent the large number of drain suction drowning accidents experienced every year.

Drowning cases, especially where they involved an accidental death or brain damage, require the knowledge of experienced legal counsel who are familiar with the laws and regulations which apply to the circumstances. The attorneys at Farmer Jaffe Weissing are experienced in handling cases involving drownings in pools and waterways.  If someone in your family was the victim of drowning, please contact attorney Adam Horowitz at our office to find out your legal rights via email at [email protected] or by telephone at (954) 524-2820.