Each year, nearly 300 children under the age of five drown in residential and public pools and spas. Other submersion incidents requiring medical attention, or hospitalization, number in the thousands, and many victims unfortunately experience permanent disability, including permanent brain damage.
Our personal injury attorneys continue to be concerned about the alarming rate of pool drownings, and other pool/spa related injuries, that occur way too frequently in Florida. Many other helpless victims are way too often injured in public swimming pools because many public swimming pools are too often deemed unsafe, dirty and dangerous.
According to the Miami Herald, from January 1 through July 23 of this year, five children under the age of five have drowned in Broward County and at least three more almost drowned. In Miami-Dade County, there have been at least three reported drownings of children under the age of five so far this year.
One of the biggest dangers in a public, or private, swimming pool, or spa, is the drain typically found on the bottom of the pool. Drains with broken, missing, or faulty covers can entrap hair, the body, limbs, and jewelry and clothing, or cause other mishap. The video found below illustrates this problem in greater detail.
In response to this growing issue, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. This law set new standards for drain covers for public pools, spas, and hot tubs. The standards are optional for existing residential pools. However, all new equipment must meet the standards, so people repairing their pools or building new ones must install the new drain cover.
Of course, the best course of action to prevent these injuries from occurring is to ensure proper supervision of your children. The need for "arm length" supervision, of children, can't be stressed enough. Children should also wear life jackets while in a pool, and home owners should also place 4-foot high locked gates at home pools too.
Our firm has a proven track record representing clients in all areas of swimming pool related claims and premises liability claims. It is often helpful to work with an experienced attorney from the early stages of your case in an effort to strengthen the liability theory of your case, and help maximize potential recovery.
If you are facing a dispute over swimming pool incident in Miami, or Florida, contact Alvarez & Barbara, LLP toll free at 866-518-2913 for a free and confidential consultation to discuss your rights.
