Fort Lauderdale Injury Lawyer Blog

You are probably wondering what this blog has to do with personal injuries and wrongful death and the answer is: not much. I just thought it was interesting

Koral Wira, 14, was fishing with her family for barracuda and shark in the Gulf of Mexico about four miles outside the Venice Inlet on the west coast of Florida. After a 4 foot barracuda bit into the bait, it jumped from the water and landed inside the boat. The barracuda locked onto the girl's arm and with its sharp teeth shredded her flesh. The wound took 51 inches to close. The girl's father reacted quickly and stabbed the barracuda with a knife in between its eyes. While extensive, her injuries were not life-threatening.

If you own a boat, this interesting but terrible case underscores the need to have liability insurance on the boat as well as health insurance that will cover yourself and family. All sorts of unexpected events can occur while you are out in the ocean which can result in injuries and potentially liability to the owner. While this barracuda attack is a freak event, it is not uncommon for people to be injured as a result of mechanical difficulties or operational errors.

Continue reading "Florida Girl in boat attacked by Giant Barracuda" »

In 2006, former Fort Lauderdale Police Officer, Alexander Griss, while driving his cruiser over 90 mph hit and killed a woman. He was not responding to a call, nor was he even on duty.

Griss was fired from the Fort Lauderdale Police Department and his trial has begun for the vehicular homocide of the woman that died in the accident. If convicted, Griss faces a maximum penalty of 15 years in prison.

The woman of Lauderdale Lakes, was struck by the cruiser at Southeast 21st Street and Federal Highway in the early morning on June 19, 2006. She was propelled over 100 feet. The police car had jumped a concrete median crossed into the opposite traffic and came to rest in a field. The black box from the cruiser revealed that it was going about 90 mph in a 40 mph zone.

The Fort Lauderdale Police Department's internal investigation found that he frequently operated his cruiser at excessive speeds while working and off-duty. In the month prior to the accident, Griss drove over 90 mph at least 90 times on various according to the investigation.

The Fort Lauderdale Police Department may also be exposed to civil liability as the owner of the car involved in the accident. Given Griss' apparent propensity for speeding, there may also have been some negligence in his hiring, retention and supervision. Currently, Florida's sovereign immunity law applies which would limit damages to $100,000, possibly $200,000 absent a claims bill.

Continue reading "Ex Fort Lauderdale Cop on trial for vehicular homocide" »

Mega drug company Astra Zeneca has agreed to pay $ 520 million to resolve charges that it unlawfully pushed a powerful anti-psychotic medication to treat medical problems that it was never approved for the Food and Drug Administration.

Astra Zeneca, although continuing to deny that it did anything wrong, will nevertheless poney up over a half billion dollars.

According to the government prosecutors, Astra Zeneca improperly promoted the drug Seroquel as a treatment for Alzheimer's, anger management, depression and sleeplessness, despite only having the required approval for schizophrenia, bipolar depression and bipolar disorder in the country. This marketing campaign resulted in false claims for payment being made to government health programs such as Medicaid, the government claimed.

Astra Zeneca also violated 'anti-kickback' laws by compensating physicians recruited to put their names on articles written about off-label uses of Seroquel, according to the government. This practice is often referred to in the industry as "ghost writting."

Attorney General Eric Holder emphasized that "[t]hese were not victimless crimes - illegal acts by pharmaceutical companies and false claims against Medicare and Medicaid can put the public health at risk, corrupt medical decisions by health care providers, and take billions of dollars directly out of taxpayers' pockets." Holder stated that the fine largest amount ever paid to settle an off-label marketing allegation that doesn't involve criminal charges.

Once again Big Pharma placed profits over the safety of the people using its products. The wrongful prescription of Seroquel can result in a number of unnecessary symptoms including weight gain, hyperglycemia and diabetes. Presently, Astro Zeneca is being sued for damages arising out of this marketing campaign. If you or anyone else you now has suffered injuries as a result of Seroquel, please contact us.

Continue reading "Astra Zeneca agrees to $520 million fine" »

The Florida House is considering a bill to allow waivers of liability signed by parents in favor of businesses involved in high risk activities for children such as theme parks, go-cart tracks and other businesses. The bill has already been passed by the Senate and will go to the House for vote.

In Kirton v. Fields, 997 So.2d 349 (Fla. 2008), the Florida Supreme Court, held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. In the Kirton case, a 14-year-old boy was killed while riding an all-terrain vehicle at a commercial track. The Florida Supreme Court allowed the boy's family to sue the track even though his father had signed a liability waiver.

The Republican dominated Florida House and Senate appears to be more concerned with the profitability of its business constituents and corporate donors then the welfare of children. If pre-injury releases are permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed. Moreover, as a provider of the activity, a commercial business can take precautions to ensure the child's safety and insure itself when a minor child is injured while participating in the activity. On the other hand, a minor child cannot insure himself or herself against the risks involved in participating in that activity.

Continue reading "Florida House to reinstate child liability waivers to protect businesses" »

Florida's sovereign immunity law caps payment on negligence claims against the State of Florida and other governmental entities at $100,000 per person and $200,000.00 per claim, if there is more than one person suffering damages. Unfortunately in the most tragic cases, the damages to the injured person or their families far exceeds this amount. It is not uncommon to see jury verdicts against the State of Florida or cities like Fort Lauderdale or Hollywood, for damages in excess of seven figures, particularly where there is the wrongful death of a parent or child or some poor soul is confined to a wheel chair for the rest of their lives as the result of the negligence of a state or governmental worker. In these types of cases, the economic damages alone such as medical bills, can run into the millions of dollars.

Where the circumstances surrounding these cases is particularly tragic and the verdict greatly exceeds the cap, the victim or their family may attempt to seek additional compensation through a claims bill. A claims bill is sponsored by a legislator and presented to the Florida legislature for approval and determination of the additional amount to be paid.

Historically, the Republicans in the Florida legislature have often disapproved claims bills due to a reluctance to compensate accident victims from state or city funds, even though the damages were a result of negligence by a state or governmental employee.

In this time of economic uncertainly, however, Republicans can justify non-payment of claims bills by citing to the short fall of public funding available. House Speaker Larry Cretul last month issued a memo indicating he would be using strict criteria to determine whether a claims bill would be heard in the chamber: the bills must involve local governments in good financial standing and request no more than $500,000 from the state for the victims. This arbitrary cap, regardless of how much in medical bills or damages have been incurred, directly effects those accident victims most seriously damaged.

Given the current climate, only 5 claims bills out of 30 have a chance to be approved. In light of the state's budgetary circumstances, there may be claims that have or will be filed that cannot possibly be funded this year,'' Cretul wrote.

While, not every person who seeks a claims bill from the Florida Legislature can recover, this process should not be used as a political football by the politicians in Tallahassee at the expense of those persons and families who are in the greatest need as a result of governmental negligence. The Florida legislaure should find a way to fairly evaluate these claims bills and to reimburse these victims promptly and fairly.

Continue reading "Florida Legislature limits compensation to accident victims" »

The Fort Lauderdale Sun-Sentinel reports that a bill pending before the Florida House of Representatives in Tallahassee, Florida, would allow families to file a civil suit in "cold cases" in which the killer or perhaps the body is not discovered until years after the crime. Currently, Florida's wrongful death statute has only a two year statute of limitations which basically requires that any civil lawsuit arising out of a death must be filed in court within two years of the date of death or it will be forever barred.

The current two year statute of limitations in Florida has the practical event of preventing the filing of wrongful death lawsuits in murder and other types of cases because where the wrongdoer's identity is not known until long after the death occurred. In cases where the victim dies and there is no one on the scene to identify the tortfeasor, it is not uncommon for them to flee rather than to wait around and identify themselves to authorities.

This bill (HB1) -- that will remove Florida's two-year statute of limitations on wrongful death claims -- resulted from the dedicated efforts of the family of Jeffrey Klee, deceased, and would bear his name.

Klee's remains were located in a van at the bottom of Coral Springs Canal in 2008, over-31 years after he disappeared. Police believe Klee was murdered by a "friend," who later admitted to pushing the van, with Klee's body in it, into the canal. Even though this person acknowledged pushing the van into the canal, Klee's family was unable to sue him in civil court for wrongful death because the two-year statue of limitations had long since expired. The law applies prospectively to future cases only.

The legal justification for statutes of limitations is based on due process considerations for potential defendants. It is reasoned that the longer the time period between the date of the alleged wrongful conduct and the date that the lawsuit is filed, the more difficult it is for the defendant to obtain the evidence required to mount a defense. Witnesses' memories fade over time and the opportunity to take photographs may be gone.

Notwithstanding these considerations, this bill is a much needed recognition by the Florida legislature that a victim's family should not be precluded from seeking justice in situations where it was impossible to file the lawsuit within the two-year statute of limitations. Also, it is somewhat suprising that this bill has progressed, given the current pro-business, anti-consumer climate in Tallahassee. As a practical matter, this case would not significantly increase the number of wrongful death cases filed in court since only a very few cases involve situations where the identity of the wrongdoer is not known within two years. Nonetheless, it is a good bill which deserves to be the law in the State of Florida.

Continue reading "Florida House of Representatives ready to extend wrongful death statute of limitations" »

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

Toyota continues to insist at Congressional Hearings that the electronics its cars were not the cause of the sudden acceleration. Various members of a congressional panel responded that it should not be ruled out. Toyota maintains that the "stuck gas pedals" were caused by one of two problems -- misplaced floor mats and sticking accelerator pedals.

Toyota's president. Akio Toyoda, is scheduled to testify before the congressional panel and stated he took "full responsibility" for the uncertainty felt by Toyota owners. He offered his condolences to a San Diego, Calif., family who were killed in late August. "I will do everything in my power to ensure that such a tragedy never happens again," Toyoda said in prepared testimony for Wednesday's hearing to the House Government Oversight Committee. "My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers," Toyoda said.

Congress is investigating Toyota's problems. Toyota has recalled more than 8 million vehicles worldwide -- more than 6 million in the United States -- since last fall because of sudden acceleration problems in multiple models, braking issues in the Prius hybrid and steering concerns in the Corollas. People with Toyotas have complained about their speeding out of control in their efforts to slow down, sometimes resulting in deadly crashes. The government has received complaints of 34 deaths linked to sudden acceleration of Toyota vehicles since 2000.

Representative, Henry Waxman, D-Calif., chairman of the full Energy and Commerce Committee, rejected Toyota's position that its electronics could not possibly be the cause and said this should have been investigated more thoroughly by the company. Waxman was also critical of the federal government saying: "Toyota failed its customers and the government neglected its responsibilities."

Congressman, Bart Stupak, of Michigan said Toyota "all but ignored pleas from consumers to examine sudden unintended acceleration events. . . .They boast in a briefing of saving Toyota $100 million by negotiating a limited recall. They claim that they first became aware of sticking pedals in late October of 2009 when in fact they had received numerous complaints many months and years earlier. . . .They misled the American public by saying that they and other independent sources had thoroughly analyzed the electronics systems and eliminated electronics as a possible cause of sudden unintended acceleration when, in fact, the only such review was a flawed study conducted by a company retained by Toyota's lawyers."

The current wave of sudden acceleration incidents involving many of Toyota's most popular models will almost certainly end up being litigating in the courts. These product liability suits will be for wrongful death and other serious personal injuries. Given the unfavorable climate surrounding Toyota, that company may be inclined to resolve these suits quickly rather than drag them out and create more unfavorable publicity.

Continue reading "Toyota denies electronics the cause safety problems" »

Toyota announced that it is recalling 2.3 million vehicles in the United States to correct problems with its accelerator pedals that can become stuck. These cars were sold nationwide, many in Miami and Fort Lauderdale, Florida.

The recall affects the 2009-2010 RAV4, the 2009-2010 Corolla, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2007-2010 Camry, the 2010 Highlander, the 2007-2010 Tundra and the 2008-2010 Sequoia. The attached announcement from Toyotal answers some of the questions concerning these models.

Toyota previously recalled 4.2 million vehicles over concerns that accelerator pedals could become lodged under floor mats, causing sudden acceleration. That problem was blamed for several crashes, including an accident involving a Lexus that accelerated to more than 120 mph before crashing in San Diego, killing four people.

Toyota said this latest recall is due to potential problems with the actual gas pedal mechanism itself, causing the accelerator to become stuck regardless of whether the vehicle contains a floor mat. Toyota said in certain rare cases, the gas pedal mechanism wears down, causing the accelerator to become harder to press, slower to return or, in some cases, stuck.

Toyota said the problem appeared to be related to the potential build-up of condensation on sliding surfaces in the accelerator system that helps drivers push down or release the gas pedal. Toyota, however, did not announce the solution for this problem.

The National Highway Traffic Safety Administration said in a statement that the problem represents a serious safety issue and tnat immediate action should be taken.

Problems with gas pedals that "stick" for no apparent reason are often referred to as "unintended acceleration." It is not too hard to imagine the out-of-control situations which can result when an automobile continues to accelerate no matter what the driver does to the gas pedal. The bottom line: a car traveling at a high rate of speed without the ability to slow down or stop, will eventually become involved in an accident.

In these types of situation, the car's driver and passenger may suffer significant injuries or death. Florida law allows for product liability lawsuits against an automobile manufacturer where the defect is one that could have been prevented by the manufacturer during the design or manufacture of the car. Such lawsuits freqently involve catastrophic medical injuries or wrongful death.

Continue reading "Toyota issues nationwide recall of cars to fix gas pedal, including Florida sales" »

A man from Dania Beach, Florida was killed on December 25, 2009, when the powered paralgide he was piloting with his wife on board, crashed into the Atlantic Ocean near the Dania Beach pier.

The paraglide pilot, 52, died on Christmas when he was unable to to get out from his safety harness after the paraglider hit the water. His wife, who also strapped in, was able to get out safely.

Lifeguards were able to pull the pilot and his wife from the ocean, but paramedics were unable to revive him. He was pronounced dead at Memorial Regional Hospital in Hollywood, Florida.

Powered paraglides do not require a pilot's license, but are regulated by the Federal Aviation Administration under the "ultra-light aircraft category," but these aircraft need permission from the nearest airport to take off.

According to Wikipedia, research done by the United States Powered Paragliding Association "USPPA" estimates that the activity is statistically safer than riding motorcycles and more dangerous than riding in cars. The greatest cause of serious injury is body contact with a spinning propeller. The next most likely cause is pilot error result from flying a working paraglide into something other than the landing zone. Pilots sometimes pack a reserve parachute designed to open in as little as 50 ft (15 m) of altitude.

Continue reading "Dania, Florida man killed in powered paraglide crash" »

Sometimes it takes a tragedy such as a bicycle death before recognized safety concerns are acted upon. This was the case with the recent bicycle death of a Boca Raton man who died when an SUV collided with his bicycle. At the time of his fatal accident he was riding his bicycle to his home from a friend's nearby house. The collision occured near the intersection of Camino Del Mar and Camino Real in West Boca Raton, Florida. The intersection was very busy and did not have a traffic light to control cars and pedestrians crossing the roadway.

A traffic light is now being installed at the intersection of Camino Real and Camino Del Mar. In addition, the wheelchair ramps and tie-ins to cross the street, and stripping on the crosswalks are also being installed according to the Palm Beach County Traffic Division.

Several people who were upset about the fatal accident contacted the County to request that a new traffic study be performed at the dangerous intersection. A friend of the cyclist who was with him just before his fatal ride drove out and looked at the site. "You have to dash for your life if you're walking or on a bike." He checked out a website detailing the traffic flow there. The friend was shocked to discover that a traffic study hadn't been done for five years.

The County was able to justify the installation of the light because of the traffic studies and also because of new laws concerning the limitations of seniors as they make right-hand turns in their cars.

Under Florida law it is difficult, but not impossible, to sue a municipality, a county, or a governmental agency, for not installing a traffic light at a particular location. While issues of this type have been extensively litigated in the courts, the general rule is that the initial decision by the government of whether to install a light or other traffic control device such as a sign is discretionary and hence there is no liability for an accident even if the intersection is known to have an unusual amount of accidents. There have exceptions carved out to this rule, but these are beyond the scope of this entry.

Continue reading "Bike death results in new traffic light in Boca Raton, Florida" »

The Fort Lauderdale Sun Sentinel reports that a landlord arguing with the father of one his tenants was chased down by the irate father in his car and run over. The incident was captured on an outdoor surveillance camera.

Police said the driver threatened the victim and stated: "I am going to get you, mother f-----!" The victim can be seen on the videotape running for his life, falling near the sidewalk before being run over by the Ford Taurus, which stopped on top of him.

The man remained trapped under the car until officers arrived to rescue him. Police had to ask bystanders to help lift up the 1992 Ford Tauras to free the man. Fortunately, in addition to the police, a weightlifter was available to help pull the man out from under the car. The man survived the impact and paramedics took him to the emergency room at Broward General Hospital.

The driver was criminally charged with aggravated assault with a deadly weapon and two counts of assault for getting into fights outside the car. The video shows the driver fleeing the scene and then fighting with one bystander, later entering the a grocery store where he punched a 24-year-old woman.

Because of the obvious intentional nature of this incident, even if the driver here had purchased liability insurance on his car, any claim would probably be denied by his insurance company. Most liability policies have an "intentional acts" exclusion which states the policy will not pay for damages caused by a driver who deliberately tries to injure someone while operating his car. The driver can still be sued for battery (an unlawful touching) and even for negligence under the theory that somehow the impact wsa just an "accident," but it will be very difficult to get paid under the driver's policy. If the landlord owned his own car and had purchased uninsured motorist coverage, he might be able to recover for his damages under that policy. Although these types of cases are very unusual, this illustrates the importance of purchasing uninusured motorist coverage for you and your family.

Continue reading "Fort Lauderdale man chased by irate driver in car" »

A man was killed on his motorcyle Sunday in Pasco County when he took evasive action to avoid hitting three motorcycles he was riding with in a group, the Florida Highway Patrol reported. Stephen Kopilchak from Forstproof, Florida was declared dead at the scene when his 2006 Harley Davidson went down.

Kopilchak had been riding his motorcycle together with three other motorcycles when a car in front of the group slowed to enter a private driveway. The three other motorcycles in front of Kopilchak took "evasive action" to avoid the car, but Kopilchak, who was wearing a helmet, was unable to avoid the three other motorcycles and lost control.

Although the rider had been wearing a helmet, this failed to protect him. This tragic case raises the issue of how to safely maneuver a motorcyle when riding in a group. Frequently, bikers are forced to take quick action to avoid making contact with other vehicles on the road who don't see them. Not surprisingly, the most important safety maneuver a biker can make while riding in a group occurs long before the sudden emergency. When riding in a group of motorcycles, adequate spacing between you and your fellow riders is critical from the get go.

Sudden emergencies are just as the term implies -- situations which occur without warning requiring an immediate response. If you are too close to other motorcyles, your options are limited. The end result may be that your bike may goes down. All sorts of scenerios can rapidly present themselves on group rides, ranging from debris on the roadway to a flat tire on one of the other motorcycles. Bikers need to be aware of this and to space themselves accordingly.

Continue reading "Florida man killed in motorcycle wreck" »

In the early morning of October 30, 2009, a high-school student and his two friends rode their bicycles from one boy's Miami Shores house to another's home in North Miami. The cyclists believed they were safe at night because their bikes had front and rear lights.

Their safety lights did not help them. As the student rode his bike along Biscayne Boulevard he was struck and killed by a car his friends say was speeding. ``The bicycle was pinned down under the front tire of the car,'' according to a witness who arrived at the scene shortly after the accident.

On November 27, 2009, the monthly Critical Mass ride -- organized by cyclists demonstrating for their safety -- was dedicated to this boy. From the usual starting location at Miami-Dade County Hall in downtown Miami, the ride proceeded north on Biscayne Boulevard to 113th Street, where the student was killed. There his friends and family gathered to place a memorial in his memory.

This case represents another cycling fatality in the state of Florida which has the most in the country. Florida law classifies bicycles as vehicles, giving cyclists the right to use the roadway. After dark, cyclists are required to have bike lights front and rear.

Like other cities, Miami has seen an increase in the popularity of cycling despite streets widely regarded as dangerous to bicyclists, in part because many roads are designed for fast motorized traffic and lack marked bike lanes.

Cycling activists have, without success, requested the Florida Department of Transportation, which manages Biscayne Boulevard, to add bike lanes on that road which is a major north-south cycling route in eastern Miami-Dade County.

This tragic case reminds us that cyclists should always wear helmets, although I am not sure that it would have made a difference here. Even with flashing lights and reflectors on bicycles, a lot of motorists still do not see cyclists on the road. Unfortunately, when a collision occurs between a car and a bicycle, the end result is usually very serious to the cyclist. One of the ways that a cyclist can financially protect himself from the adverse consequences of a collision with a car is to make sure that if he owns an automobile, that he has purchased uninsured motorist coverage. This coverage may extend from the automobile to your bicycle in the event that the at-fault motorist does not have any, or does not have enough, liability coverage for the damages incurred.

Continue reading "Student killed in bicycle accident in Miami, Florida" »

The State of Florida has the highest drowning death rate in the US for children ages 1-4 years (8.9/100,000) and during 1999-2003 recorded 356 unintentional drowning deaths among children in this age group according to the Florida Department of Health.

According to the Consumer Product Safety Commission, pool drownings for young children have increased dramatically. Nationwide, an average of about 300 children under 5 years old drowned in pools nationwide annually. Most of these deaths occurred in the summer months. Drowning is the second leading cause of death to young children after motor vehicle incidents. Another 2,700 children are treated in hospital emergency rooms each year for near-drowning incidents. Most of these cases involve residential pools.

Unfortunately, these tragedies can, and do occur all too quickly -- many times before parents and caretakers are even aware that their toddlers are no longer in the house. Whenever a pool is nearby, constant adult supervision is vital. Even if a young child has been taught to swim, it is still necessary for an adult to be watching.

The key to preventing these tragedies is to have multiple levels of protection. This includes placing barriers around your pool to prevent access, using alarms on doors that access the pool, installing child proof locks on all doors leading to the pool and being prepared in case of an emergency. The Consumer Product Safety Commission has specific recommendations to reduce the incidence of childhood drownings.

Pool drowning cases present unique issues for attorneys representing parents. Frequently, they involve death or brain damage to the child. Although others may be responsible for their child's drowning, most parents tend to experience feelings of guilt. Accordingly, these cases need to be handled in a manner designed to minimize the trauma to the family and to provide closure.

Continue reading "Florida has the highest pool drowning death rate for children." »