Miami Drowning Lawyer for Pool Accidents
Drowning is the leading cause of death in children under five years old in Florida. In fact, Florida leads the nation in unintentional drowning deaths of children in that age group. Adults are also at risk. In 2012 approximately 440 people drowned (including adults and children). In addition, 343 people were hospitalized for near drowning that same year. Sadly, many of these deaths and injuries could have been prevented but for the negligence of the public and commercial swimming facilities.
Based in Miami, Brais Law Firm represents South Florida residents and visitors in swimming pool accident cases. Our attorneys have extensive experience handle drowning and near-drowning claims related to suction entrapment and can also help with claims involving lack of lifeguard supervision and improper pool barriers required by Florida and federal laws.
An experienced Miami drowning lawyer at our firm can hold the resort, hotel or public pool accountable for failing to provide a safe swimming environment. In suction entrapment claims, it is important to also include the manufacturers of the grating cover, electric motor and pump as additional defendants. In some instances, the designer and builder of the pool should also be included as additional defendants. The electric motor driving the pump in combination with the defective design of certain drain covers create a vacuum on the underside of an entrapped victim effectively holding the swimmer to the bottom or side of the pool. If the pool or hot tub is equipped with a nearby emergency shut-off switch and the victim is freed in a timely manner, minimal injuries might result. Far too often, however, death or permanent brain injury result for victims trapped underwater for an excessive amount of time. We help you recover for your near-drowning injuries or the drowning death of your loved one.
View our Results page to read about the nearly $40 million our firm has recovered on behalf of clients in the past four years alone*.
Pool Laws in Miami and Florida
Florida and federal laws govern the design and maintenance of pools, pool barriers and the supervision of children. Our drowning attorneys regularly handle claims involving violations of these regulations:
- Suction entrapment mitigation: The Virginia Graeme Baker Pool and Spa Safety Act is a federal law that requires, among other things, public pools and spas to install suction grating covers that are generally domed shaped and, therefore, substantially reduce the risk of suction entrapment associated with flat grating covers manufactured for decades by pool product manufacturers.
- Pool gates: Florida Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act requires residents to have one of four devices: (a) a 4-foot high barrier surrounding all sides of the pool, (b) an approved pool cover, (c) an alarm on all entrances to the pool area, or (d) self-locking devices on all entrances to the pool area.
- Public swimming pools: Florida Statutes Chapter 514 establishes standards for public swimming pools, including certification of lifeguards and swimming instructors.
Drowning and Near-Drowning Damages
Drowning refers to fatal loss of oxygen due to underwater submersion. Near drowning, in which the swimmer survives, often results in permanent damages related to oxygen deprivation. Brain cells begin to die within four minutes of hypoxia. When the brain does not get enough oxygen results may include:
- Cognitive impairment
- Mobility impairment
- Memory loss
- Developmental disorders
- Visual and hearing impairment
- Loss of consciousness
- Vegetative state
A Miami Drowning Lawyer Can Help You Recover Damages for Your Injuries
If your loved one was severely injured or died because of the negligence of a pool proprietor, Brais Law Firm can help you recover. Call a Miami drowning lawyer toll-free at 1-888-238-5637, or contact us online to schedule your free case evaluation.
We take your premises liability claim on a contingency fee basis, so you do not owe us lawyers’ fees unless we recover damages on your behalf. Our firm litigates injury claims throughout the state of Florida from our main office in Miami.
*Specific details regarding previous verdicts and settlement results are not indications of the results of future cases and settlements, nor should they be held to be guarantees, warranties, or predictions regarding the result of representation by our firm. Furthermore, any message regarding the result of a specific case is not a promise of similar results in future cases, but rather represents the outcome of the specific legal and factual basis from which it arises.