South Florida Injury Lawyers Blog

The kickoff weekend for the summer season is getting close -- Memorial Day! During this time, residents and visitors from around the country will be kicking off their long weekend working on their tan in a swimming pool under the Florida sun.

Unfortunately, with this long holiday weekend, we're expected a number of news reports of boys and girls who needlessly drowned because of negligence, their own lack of swimming skills or because of inadequate protection, faulty equipment and lack of supervision. It happens every year, an increase in the number of these kinds of accidents over the Memorial Day weekend. Swimming pool accidents in Broward County and elsewhere are alarmingly common during this time of year. Luckily, there are precautionary steps that can be taken to help to minimize the risks of these kinds of accidents.

It's especially important to keep an eye on our young swimmers. As a matter of fact, kids ages 1- to 4-years-old face the highest risks for drowning. These accidents are the number one cause of death for this young age group in the state of Florida. Did you know that Broward County leads the state of Florida in the number of drowning deaths each year? Picture this. Enough children drown in the state of Florida each year to fill the seats of roughly four classrooms.

Our Fort Lauderdale accident attorneys understand that there's one link that can help to save children from drowning-related accidents -- parents! Parents and guardians are asked to take all of the necessary safety precautions to minimize these risks. It may be a weekend for fun, but it's also a time to step up and to help protect our young ones. Review the safety tips listed below to help make your Memorial Day injury free.

“We hope parents and caregivers will take heed of these very important safety tips and suggestions,” says Sheryl Woods, President/CEO of the Broward County YMCA.

Swimming Pool Safety Tips:

-Make sure that children are ALWAYS supervised. Never leave them alone in a pool, not even for a second.

-Consider installing a four-sided fence around your swimming pool to keep wandering children away. These fences should be at least 4 feet tall and should be difficult to climb, meaning it shouldn't be a chain-link fence.

-Keep all doors around a pool locked, including the swimming pool fence.

-Consider enrolling your child into a swim class.

-Parents, guardians and caregivers should be certified in CPR.

Of the children who died in drowning-related accidents in Broward County in the last 3 years:

-Nearly 85 percent were males.

-Nearly 60 percent were African-American.

-More than 80 percent were familiar with the swimming pool where the accident happened and died in their own backyard or in their community.

-In more than 95 percent of the cases, an adult was present when the accident happened.

Continue reading "Swimming Pool Accidents in Broward County Likely Over Memorial Day Weekend" »

As the Fourth of July holiday weekend quickly approaches, West Palm Beach Personal Injury Lawyers wish you and your families a safe and enjoyable time.

As South Florida Injury Lawyers Blog has previously detailed, car accidents in West Palm Beach and boating accidents throughout South Florida will happen as millions of people will be enjoying the time off from work and the warm weather.

But other areas of concern, such as fireworks injuries as well as swimming pool and drowning incidents should be on people's minds this weekend and for the rest of the summer.

Fireworks accidents:

The Centers for Disease Control and Prevention reported in 2008 that more than 7,000 people were treated in emergency rooms for fireworks-related injuries. That same year, seven people died in fireworks accidents.

The data also revealed that child injuries are especially common when dealing with fireworks. Leave the fireworks up to the professionals. Gather wherever county officials will be displaying large fireworks and don't use potentially dangerous flying fireworks or sparklers that can burn up to 1,000 degrees in your own backyard.

With drought conditions as they are throughout Florida, this can not only cause dangerous brush fires, but also cause injuries to the hands, fingers and eyes. The CDC reports that nearly 60 percent of fireworks injuries happen each year to people 20 or younger.

Swimming pool accidents:

But while fireworks are typically only used during certain holidays, swimming pools are used almost year-round in Florida, and certainly in the summertime. With children out of school, they are more apt to want to use the family pool or go to the community pool to swim and play.

Swimming pool accidents in West Palm Beach always provide for heart-breaking news reports, especially because most of these are preventable. Don't assume your child will be safe, walk away and come back to find them at the bottom of the pool. It can only take a second and you may lose a child.

According to research by the Florida Department of Health, Florida ranked third in the country in its rate of unintentional drowning deaths from 1999 to 2003. Among toddlers, Florida had the most drowning deaths in the country in that time period.

These are sad statistics, but they go to show us that swimming pool accidents and deaths are preventable. An adult should always be within reach and make sure children don't get trapped or sucked into powerful drainage systems. And remember, near-drowning accidents can cause long-lasting medical issues, some that don't present themselves for months or years.

While swimming can be enjoyable and refreshing in the hot Florida summer, it can also be dangerous, so just be careful. Show extra care and don't take for granted that your child will be 100 percent safe.

Continue reading "West Palm Beach Personal Injury Lawyers Wish You a Fun and Safe Fourth of July Weekend" »

The U.S. Consumer Product Safety Commission’s (CPSC) Pool Safely: Simple Steps Save Lives campaign is under way. TV and radio public service announcements review various water safety tips that will help save lives.

Our Palm Beach personal injury lawyers know the dangers of pools and spas and are not surprised by CPSC's announcement that there have already been 37 drowning and 38 near-drowning incidents reported nationwide this year.

The CPSC Pool Safely campaign is a first-of-its-kind national public education attempt to decrease child drowning accidents and near-drowning incidents in pools and spas across the country.

"As the summer swimming season approaches, our message to parents and caregivers is simple: stay safe in and around pools and spas by practicing as many safety steps as possible. This includes staying close to children at all times, knowing water safety skills like CPR, and ensuring anti-entrapment drain covers are installed in all pools and spas," said Inez Tenenbaum, Chairwoman of the CPSC.

The TV PSA features four families that were spared the agony of losing a child by the use of door alarms, fencing around pools and spas, knowledge of CPR and safety drain covers. The radio PSA promotes how important it is that everyone knows how to swim.

"So many of the drowning and near-drowning incidents that happen every year are preventable and every drowning and near-drowning is a terrible tragedy," Tenenbaum said.

Pool safety tips:

Be Responsible
-Stay with your child at all times when they are in or near a pool or spa. Never leave them unattended.

-Teach children basic water safety.

-Keep children away from pool drains, pipes and other openings to avoid entrapment. (See previous blog Pool and Spa Drain Accidents a Danger from Fort Lauderdale to Fort Pierce )

-Keep a phone close at all times when using a pool or spa.

-Always look in a pool or spa first if a child is missing.

-Share your knowledge of safety instructions with friends, family and neighbors.

Be Knowledgeable
-Know how to swim.

-Know how to perform CPR on children and adults; update your skills regularly.

-Know what to do so you can assist in a pool emergency.

Be Equipped
-Four-foot fencing should be around any pool or spa, with self-latching and closing gates.

-Install pool and door alarms if your house acts as the fourth side of a fence that is around a pool or spa.

-Make sure pools and spas that you use have compliant drain covers.

-Pool and spa coves need to be in good condition.

-Keep life saving equipment like poles and life rings in close range.

Continue reading "Pool Safely PSA aimed at reducing pool accidents in Palm Beach, Fort Lauderdale" »

The Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) went into effect several years ago after the child's death from a spa drain entrapment. Currently an investigation is underway by the U.S. Consumer Product Safety Commission (CPSC) regarding how flow rates were tested on pool and spa drain covers to comply with the P&SS Act standards.

Our Palm Beach personal injury attorneys are aware of the danger of drain entrapment from pools and spas. They know the force of the suction from a filter can pull a swimmers body part, clothing or hair into or against the pool drain. The powerful suction locks the victim to the drain and causes a high risk for a pool drowning accident.

There have been cases where small children have sat on drains and have sustained life threatening and fatal injuries from being disemboweled from the suction.

Massive amounts of information have been requested from laboratories that do testing on drain covers. CPSC staff is going over more than 17,000 pages of data covering testing protocols and procedures, test results and the type of covers that underwent testing.

It is hoped that CPSC can alert the public by Memorial Day weekend regarding which type of drain covers were improperly tested. Stringent flow rate standards are part of the P&SS Act and are vital in preventing deadly drain entrapment accidents.

Everyone that owns a pool or spa is encouraged to contact their pool/spa manufacturer and find out the type of drain cover you have. Make sure it is not the type that fits flush against the pool bottom, which is not an anti-entrapment style design. The Act requires public pools and spas to have the anti-entrapment style cover. Though it is not a requirement for residential owners it is wise to get one to avoid a potential drain entrapment accident.

The anti-entrapment cover is designed so that all the holes in the drain can't be covered all at once. This is what causes the victim to be locked onto the drain.
Shockingly, kiddie pools and wading pools commonly have single main drain systems, which is the system that has the potential risk to cause a drain entrapment hazard.

General pool maintenance should also be a concern for pool owners at this time of year. While many swimming pools are used year around in South Florida, it can mean there is no designated time to conduct a thorough review of your pool's condition. Addressing maintenance needs before a serious or fatal accident is the best bet for preventing a tragedy and a premise liability claim.

Continue reading "Pool and Spa Drain Accidents a Danger from Fort Lauderdale to Fort Pierce" »

The unresponsive body of a four-year-old boy was pulled from a murky residential pool late last Friday, the Daytona Beach News-Journal reports. The child was reported missing after he slipped out of his father's sight.

Deputies responding to the missing child report used a helicopter and K-9 units to search for the child. He was discovered at the bottom of the pool and pulled from the water by a deputy who began CPR. The child was taken to an area hospital, where he was pronounced dead.

Our Palm Beach accident attorneys and premises liability lawyers know for Florida residents submersion accidents are a concern, particularly given our geography and climate and the number of pools, spas and access to water sources spanning the state.

According to the U.S. Consumer Product Safety Commission between 2005 and 2007 there were, on average, 385 spa- or pool-related fatalities involving children aged 14 and younger. Between 2007 and 2009, approximately 4,200 submersion injuries required emergency care for this age group. Almost 8-out-of-10 submersion-related fatalities involved children younger than age 5.

More than half of the injuries and nearly three-quarters of all pool-related fatalities involving children 14 and younger happened in residential pools. For victims aged 5 and younger, percentages jump to 61 percent for injuries, and 84 percent for fatalities. Regarding victims aged 5 to 14, 48 percent of injuries and 43 percent of fatalities happened in a public venue.

KidsHealth reports that a young child can drown in less than two inches of water, making everything from the kitchen sink to a ditch filled with rainwater a potential safety hazard. (On that note, hot water can also be hazardous. It takes less than three seconds for hot tap water to cause a third-degree burn on a child’s skin.)

If you have a pool (hot tub, pond or spa included) at home, KidsHealth recommends having a fence that completely encircles the water source is “the best safety investment you can make”. In most cases, Florida law requires such a fence, as well as other safety features. Pool covers and pool alarms can act as a deterrent, but have proven ineffective in preventing drowning involving young children. With that said, perhaps the most important life-saving tip for a parent or caregiver working with children on or near property with water access is constant supervision. When water is involved, never assume someone else is looking after a child.

Other suggestions include:

~ Invest in swimming lessons. Whether you have a pool or not, teaching a child to swim can be a potentially life-saving skill.

~ Teach your kids proper pool behavior: no diving in the shallow end, don’t run on the pool deck. If you see a storm approaching or hear thunder, get out of the water.

~ Because seconds matter when it comes to submersion injuries, keep a cell phone with you at all times when supervising children playing in a pool.

~ Learn CPR.

~ If children are swimming or playing in a natural water system – the beach, the lake – make sure kids are wearing foot protection. Teach them to be alert to above and below water level hazards, such as boats or jagged rocks, tangled weeds and large waves or undertows.

~ Before letting your kids swim, be sure to check with the lifeguard station about water conditions and safety concerns.

Continue reading "Drowning death of South Florida four-year-old spotlights swimming pool hazards " »

The scariest thing on the roads and sidewalks this Halloween may have nothing to do with the ghosts and goblins haunting your neighborhood.

The National Highway Traffic and Safety Administration reports that almost 5,000 motorists have died on the road during Halloween Week in the last decade, making it among the most dangerous weeks on the road. More than half of those fatalities were the result of drunk driving accidents. Nationwide, authorities will be conducting an "Over the Limit. Under Arrest" drunk driving crackdown from Oct. 25-31.

In addition to the risk for Fort Lauderdale car accidents, parents and children alike are at high risk for pedestrian accidents in West Palm Beach, Fort Lauderdale and throughout South Florida as walking sidewalks in the dark is, for most, a once-a-year activity.

Premise liability concerns can include slip-and-fall accidents, dog attacks, swimming pool accidents and other common property claims that become even more common around the strange occurrences of Halloween.

Injuries to children most often involve cuts or lacerations to the hands or fingers and most frequently involve kids ages 10 to 14, according to the American Academy of Orthopedic Surgeons, which reports that Halloween is among the holidays with the highest incidents of emergency room visits.

The Florida Department of Highway Safety and Motor Vehicles offers the following safety tips:

Motorists

-Stay alert and watch for bicycles and pedestrians.

-Kids will be excited and may suddenly dart into traffic from between parked cars.

-Be particularly cautious in areas with cars parked along the streets.

-Watch for children in the streets, especially in areas where there are no sidewalks.

-Be patient and slow down.

Parents and Caregivers

-Put children in light colored costumes.

-Use reflective tape to improve visibility.

-Make sure costumes do not create trip hazards or obstruct vision.

-Children should wear good shoes.

Continue reading "Real spooks of Halloween: Car accidents, pedestrian accidents, premise liability dangers in Fort Lauderdale and West Palm" »

In 2006, a young girl visiting the Wellington Community Center slipped on the deck of the 3-meter diving board overlooking the clear blue water of the pool. She fell through the railing and dropped nearly 10 feet before landing on the pool deck, sustaining a serious head injury that caused seizures. Lawsuits were filed, and in 2009, the family and Wellington Village settled the cases for $150,000, the Palm Beach Post reports.

At the advice of the Village’s insurance company, and to protect itself from future South Florida premises liability claims, the community chose to remove the board in May as the Center underwent renovations.

According to the American Academy of Pediatrics, recreational swimming and diving are the third most common physical activity pursued by adults in the U.S., falling only behind walking and camping as preferred pastimes. Across the board, swimming pools and diving boards hold a special allure for children who have access to more than 8 million public and private swimming pools nationwide. Swimming pool accidents in Fort Lauderdale and West Palm Beach are a common source of serious and tragic accidents, particularly among children.

It is estimated that children and families trek to aquatic environments about 360 million times annually. And with access, comes injury. From 1990 to 2006, more than 111,340 children aged 19 and younger – or about 6,500 per year – were treated in emergency rooms for diving-related injuries. At 36.3 percent, 10 to 14-year-olds comprised the largest patient population. For this age group, collision injuries with the dive board or platform resulting in lacerations to the head, neck and face, bruising, sprains and strains were most common.

Children aged 5 and younger were most likely to sustain facial injuries, while children aged 5 to 10 more commonly cut themselves. Older kids – aged 10 to 19 – were more likely to experience fractures or injure extremities. Across all age groups, as expected, a diving board injury was far more likely to occur if a kid was attempting a trick, a complex dive or a back flip.

Given the tropical climate granting year-round access to public and private swimming pools, Floridians – particularly South Floridians – are drawn to poolside activities with far more frequency than most other Americans. Whether supervised or not, Florida kids spend more time water-logged than dry which increases their exposure to both the benefits and potential hazards that come with the environment.

Continue reading "Diving boards a frequent cause of swimming pool accidents in Fort Lauderdale, West Palm Beach" »