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Another Child Lost To Accidental Drowning

There are few things more tragic than the loss of a child. Sadly, one South Florida family is experiencing the pain of losing their child after his accidental drowning in a private pool. According to the report, the one-year-old child was pulled from the pool by a teenager. Emergency personnel who responded to the scene attempted to resuscitate the toddler. He was transported to the local medical center, but he did not survive. Just one of these incidents is too many – but it happens quite frequently in Florida. Drowning is the second leading cause of death of children between the ages of one and four, according to the Centers for Disease Control and Prevention (CDC), and most drowning deaths of children between those ages occur in home swimming pools.

What Factors Affect The Chances Of Accidental Drowning?

When looking at the CDC’s list of factors affecting the risk of accidental drowning, it is easy to see why this happens so often with children. According to the CDC, some of the main factors that contribute to the risk of accidental drowning include inability to swim, lack of barriers, and the lack of supervision. All of these factors are particularly relevant with respect to children and highlight the importance of paying special attention to children when near any body of water – the ocean, pools, and even bathtubs.

Florida Law And Pool Safety

In response to learning that drowning is the leading cause of death in children, Florida set forth requirements for residential swimming pool safety in Chapter 515 of Florida Code, the “Residential Swimming Pool Safety Act” – otherwise known as the “Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act.” Some of the most notable provisions in the Act include a requirement for outdoor swimming pools to be surrounded by a four-foot fence or another type of barrier that has no gaps. with no gaps. Additionally, there must be space between the fence or barrier and the pool – enough to prevent a child who does climb over the fence or barrier to avoid falling directly into the pool and gates must have locks installed that are not within a child’s reach.

Whose Fault Is It When An Accidental Drowning Occurs?

As with any accident, there are usually many individual factors that combine to cause its occurrence. With children, however, the blame is often shifted somewhat, as children – particularly small children – cannot be expected to bear the same responsibility as adults. In cases in which there is a chance that a curious child could become injured, adults have a greater responsibility to prevent this from happening. When an accidental drowning occurs, it is necessary to look at a variety of factors to determine the cause, what could and should have been done to prevent the accident, and who should bear the liability.

Reach Out to Us for Assistance

When you or a loved one has been injured on someone’s property, the Fort Lauderdale attorneys at the office of Boone & Davis are here to help. Our premises liability attorneys have the experience you can rely on to determine where the fault lies for your injuries and how to recover for them. Know your rights and responsibilities – visit us online or call 954.556.5260 to schedule your free consultation today.

Boone & Davis, Attorneys at Law is located in Fort Lauderdale, Florida and serves clients in and around Hollywood, Fort Lauderdale, Dania, Pompano Beach, Deerfield Beach and Broward County.

© 2014 - 2017 Boone & Davis, Attorneys at Law. All rights reserved.

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