Hollywood, FL Drowning Accident Lawyer 

Drowning accidents are a tragic and preventable cause of death and serious injury in Hollywood, FL. With numerous pools, beaches, lakes, and water parks in the area, drowning incidents can happen anywhere, from private residences to public attractions. Whether it occurs at a residential pool, hotel, or public facility, drowning accidents often result from negligence, poor supervision, or unsafe conditions.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we represent families affected by drowning accidents in Hollywood, FL. If your loved one has been injured or killed in a drowning accident, our legal team is here to fight for justice and compensation. Call us today at 305-638-4143 for a free consultation.

Drowning Accident Statistics

Drowning is a leading cause of accidental death, particularly for children. According to the Florida Department of Health, Florida consistently leads the nation in unintentional drowning deaths among children aged 1 to 4. In fact, Florida Statute 515.27 mandates specific safety requirements for residential swimming pools to reduce the risk of drowning, including barriers and alarms. However, not all property owners comply with these laws, leading to tragic accidents.

Nationally, the Centers for Disease Control and Prevention (CDC) reports that drowning is the fifth leading cause of unintentional injury death in the United States, with thousands of incidents each year. For every child who dies from drowning, another five receive emergency care for non-fatal submersion injuries, which can result in long-term disabilities, such as brain damage.

Common Causes of Drowning Accidents in Florida

Drowning accidents can occur for a variety of reasons, many of which are preventable with proper care and supervision. Common causes include:

• Lack of Supervision: Children are especially vulnerable to drowning when there is inadequate adult supervision, whether at home, at a pool party, or in a public swimming area.
• Negligent Lifeguarding: Public pools and water parks have a responsibility to employ trained and attentive lifeguards. Failure to properly monitor swimmers can lead to fatal accidents.
• Inadequate Fencing or Barriers: Residential and public pools must meet safety standards under Florida Statute 515.27, which requires barriers to prevent unsupervised access. A failure to install or maintain proper safety barriers can lead to accidental drownings.
• Faulty Pool Equipment: Defective pool drains or filtration systems can create dangerous suction that traps swimmers underwater, leading to drowning or severe injuries. Property owners and pool equipment manufacturers may be liable under Florida’s Product Liability Laws.
• Alcohol or Drug Use: Drowning incidents are more likely to occur when alcohol or drugs are involved, especially in settings where adults or teenagers are swimming or boating under the influence.
• Natural Hazards: Public beaches and natural bodies of water in Hollywood can pose hidden dangers, such as rip currents or inadequate warning signs about hazardous conditions. Lifeguard negligence or insufficient warnings may result in liability for the responsible parties.

Liability in Drowning Accident Cases

Determining liability in a drowning accident case depends on the specific circumstances of the accident. Potentially liable parties may include:

• Homeowners or Property Owners: If the drowning occurred in a residential pool, the homeowner or property owner may be liable for failing to maintain proper safety measures.
• Businesses and Hotels: Hotels, resorts, and businesses with pools are responsible for ensuring the safety of guests. Failure to maintain the pool area, provide proper signage, or hire trained lifeguards can lead to liability in drowning cases.
• Lifeguards or Supervisors: If a lifeguard was present but failed to act in time, or if supervision was insufficient, the facility employing the lifeguard may be held responsible for negligence.
• Manufacturers of Defective Pool Equipment: If defective pool equipment, such as a faulty drain or filtration system, contributed to the drowning, the manufacturer may be liable under Florida’s product liability laws.

Florida Laws Regarding Drowning Accidents

Several Florida statutes are designed to protect individuals from drowning accidents. These laws are critical in determining liability in wrongful death or personal injury cases.

• Florida Statute 768.28 addresses governmental liability, which may apply if a drowning occurs in a public facility, such as a city-owned swimming pool or water park. While Florida limits the liability of government entities, they can still be held accountable for negligence up to certain limits.
• Florida Statute 768.16–768.26, Florida’s Wrongful Death Act, allows family members of a drowning victim to file a lawsuit if their loved one died due to the negligence of another party. Compensation may include funeral expenses, loss of income, and loss of companionship.
• Florida Statute 515.27 mandates specific safety measures for residential pools, such as pool fencing, gates with self-latching mechanisms, and alarms. If a property owner fails to comply with these laws, they may be held liable for any injuries or deaths that occur as a result.

Filing a Wrongful Death Claim After a Drowning Accident in Hollywood, FL

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the emotional and financial toll a drowning accident can have on a family. Our experienced team is here to guide you through the process of filing a wrongful death claim in Hollywood, FL. 

A wrongful death claim is a legal action brought by the surviving family members of a person who died as a result of another party’s negligence, recklessness, or intentional misconduct. Filing a wrongful death claim can help the family hold the negligent parties accountable and recover compensation for their loss.

Who Can File a Wrongful Death Claim in Florida?

In Florida, not everyone can file a wrongful death claim. According to Florida Statute 768.20, the personal representative of the deceased’s estate must file the lawsuit on behalf of the surviving family members. This representative is either appointed by the court or named in the deceased person’s will.

The beneficiaries in a wrongful death claim are typically the deceased’s immediate family members, which may include:

• The spouse of the deceased
• Children of the deceased
• Parents of the deceased
• Any blood relatives or adoptive siblings who were financially dependent on the deceased

How Long Do I Have To File a Wrongful Death Claim After a Drowning Accident?

After gathering all the necessary evidence, the personal representative, with the help of their attorney, will file the wrongful death lawsuit in civil court. In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death, with very few exceptions.

Do All Wrongful Death Cases Go To Trial?

In many cases, the liable party or their insurance company will attempt to settle the wrongful death claim outside of court. Our team will handle all negotiations, ensuring that any settlement offer fairly compensates the family for their loss. If a fair settlement cannot be reached, we are fully prepared to take the case to trial and present the evidence to a judge and jury.

Where Drowning Accidents May Occur in Hollywood, FL 

Hollywood, FL, is home to many popular destinations where residents and visitors enjoy water activities, but these areas can also pose significant risks for drowning accidents, especially when proper safety measures are not in place. 

• Hollywood Beach: Hollywood Beach is a popular destination for both locals and tourists, featuring a long stretch of beach, restaurants, and shops. While the beach is a great place for swimming and water activities, strong currents and rip tides can pose serious risks. Inadequate warning signs or lifeguard negligence can lead to tragic accidents.
• North Beach Park: Located along Hollywood Beach, North Beach Park offers a quieter beachfront environment for families. However, like other public beach areas, unpredictable water conditions and a lack of supervision can lead to drowning accidents, especially for children or inexperienced swimmers.
• Anne Kolb Nature Center: The Anne Kolb Nature Center includes a large estuary and coastal mangrove area. While it offers opportunities for kayaking and other water activities, the natural water environment can pose risks, including unexpected water currents and limited access to safety equipment.
• Margaritaville Hollywood Beach Resort: This well-known resort attracts numerous visitors with its pools and beach access. However, hotel pools can be the site of drowning accidents, especially when proper safety protocols—like lifeguards, barriers, or pool alarms—are not in place or followed.
• Diplomat Beach Resort Hollywood: The Diplomat Beach Resort features multiple pools and direct access to Hollywood Beach. Poolside accidents can occur due to lack of supervision, defective pool equipment, or slippery surfaces. Resort management may be held responsible if negligence is proven.
• Seminole Hard Rock Hotel & Casino Hollywood: The iconic Seminole Hard Rock Hotel, with its large pool complex, attracts many visitors. Inadequate pool safety measures or lifeguard negligence could result in a tragic drowning incident.
• Hyde Resort and Residences: The Hyde Resort features multiple pools and beachfront access, both of which could be the site of potential drowning incidents if proper safety measures are not enforced.
• Public and Private Residential Pools: Many homes and rental properties in Hollywood have private pools. Residential pool owners must have safety barriers in place to prevent unsupervised access, especially for young children. Unfortunately, drowning accidents can happen when these safety measures are not followed or maintained.
• TY (Topeekeegee Yugnee) Park: TY Park features a large lagoon, water playground, and pools that attract families with children. Drowning accidents can occur if lifeguards are not attentive or if the park’s water facilities are not maintained in compliance with safety regulations.

How Our Hollywood, FL Drowning Accident Lawyers Can Help

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the devastation that comes with a drowning accident. Our experienced team is here to help you through this difficult time by:

• Investigating The Incident: We will thoroughly investigate the drowning accident, gathering evidence such as eyewitness testimony, pool maintenance records, and expert opinions to build a strong case.
• Establishing Liability: We will identify the responsible parties and determine whether negligence contributed to the accident.
• Negotiating with Insurance Companies: Our team will handle negotiations with insurance companies to ensure that you receive the compensation you deserve.
• Filing a Lawsuit: If necessary, we are prepared to take your case to court and aggressively pursue justice for your loved one.

Free Consultation With Our Hollywood, FL Drowning Accident Attorneys

If you have lost a loved one or suffered serious injury in a drowning accident in Hollywood, FL, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm is here to help you navigate the complex legal process. We understand the emotional toll and financial burden that come with such a tragic event, and we are committed to guiding you every step of the way.

Florida’s statute of limitations sets a limited window of time for filing a personal injury or wrongful death claim. Under Florida Statute 95.11, you generally have two years from the date of the accident to file a wrongful death or personal injury lawsuit. Acting quickly is critical to ensure that evidence is preserved, witnesses are interviewed, and the responsible parties are held accountable for their negligence.

We understand that legal expenses can add stress during an already difficult time, which is why we work on a contingency fee basis. This means that you won’t pay any legal fees unless we successfully recover compensation on your behalf. Our firm only gets paid if we win your case, ensuring that you can focus on healing and moving forward without worrying about upfront costs or legal bills.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

At Flanagan & Bodenheimer, we offer a free, no-obligation consultation to discuss your case. During this consultation, we will review the circumstances of the drowning accident, evaluate the potential for a claim, and explain your legal options for pursuing compensation.

Call us today at 305-638-4143 to get started. 

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