September 9, 2022 | Wrongful Death
Those held responsible for wrongful death are sued by the victims or their families. Those who can be involved include property owners and supervisors. Negligence and wrongful death are typical examples of common legal claims.
Plaintiffs affected in a drowning accident may receive compensation for pain and suffering, medical bills, and lost wages. The compensation, when awarded, will depend on the circumstances. If a victim dies, the family of the deceased may lose financial support and need help with funeral costs.
Those liable for drownings that occur in public pools, in particular, can be the operators or owners of the facility. The lifeguards or staff could also be sued. Under Florida State Laws, commercial establishments are held to higher standards than those of residential pool owners. Owners are also required to have a permit to run public swimming pools.
Commercial pool owners can also be held legally responsible if there is an accident, such as drowning and they have failed to take safe environmental precautions for pool users. A personal injury lawsuit is often filed and based on these premises of liability resulting in negligence:
In swimming pool drownings in Florida with commercial pools, the guests of the facility are owed the most care, and they are followed by social guests. Trespassers are given or can expect the least duty of care as the property owners only have not to take intentional action with the intent to harm them.
Drownings occurring in a private pool, such as one in a backyard, may have the owner or renter held liable. The State of Florida requires property owners to put special precautions in place if they have installed a pool to prevent drowning accidents. Florida Statute Chapter 515 was put into place in 2000 with the Residential Swimming Pool Safety Act to enforce these precautions.
An attractive nuisance is considered a condition or object that will make children curious and draw them to a property. Pools and retention ponds are some of the top attractive nuisances under Florida law, and the State imposes liability on residential property owners who have an attractive nuisance.
Swimming pools and retention ponds fall into the attractive nuisance category as children often do not realize the risks involved with pools and retention ponds. Unlike trespassers, if a child wanders onto a property without being invited, the property owner will be held liable for any injuries or deaths that happen with that child–especially after drowning in a pool or retention pond.
In the State of Florida, you can file a wrongful death suit if someone you loved was killed in a water-related accident through someone else’s negligence. Filing this claim can provide you and your family with monetary compensation to help with any financial burdens their death caused you and pain and suffering.
Under Florida law, these claims can only be filed by the personal representative of the victim’s estate. Unless someone else has been named, this can include parents, children, and spouses. Others who may be legally allowed to file these claims under Florida law include adoptive or blood relatives who wholly or partially were dependent on the victim for support. These relatives include grandparents, grandchildren, and siblings.
Filing a wrongful death suit can bring you a sense of resolution, closure, or justice when you are grieving for a loved one. The claim can be your chance to hold the negligent person or persons accountable for their actions that resulted in the drowning. There are three categories of damages for a drowning death claim:
Batts-Daniels Law has more than 45 years of combined experience in personal injury claims and are ready to fight for you aggressively to ensure your rights are protected. While we understand no legal action is going to bring your loved one back, a wrongful death claim can provide you the monetary compensation you deserve to get through these difficult times. Contact us today.
Millicent Daniels the Peoples Attorney