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Swimming Pool Negligence

The death of a child is an unspeakable and devastating tragedy that no family should ever have to experience.  Florida has the highest accidental drowning death rate in the nation for children between the ages of 0 to 4 years old.  Additionally, approximately 75% of the drowning deaths for children 0-4 years old occurred in residential swimming pools.  In 2006, Palm Beach County was identified as one of the top 10 counties for the most 0-4 drowning deaths.  The death of a child is an unspeakable and devastating tragedy that no family should ever have to experience. 

A negligence claim may arise from the negligent operation of a swimming pool, or other artificial body of water on another person's property.  A child that is injured or drowns in a residential swimming pool or other artificial body of water, will have a cause of action for negligence under a premises liability theory.  While a child invitee may have a cause of action if the property owner fails to use reasonable care to prevent the injury to the child, a licensee or trespassing child may also have a cause of action if the attractive nuisance doctrine applies.  The attractive nuisance doctrine will apply to a residential swimming pool or artificial body of water if they are constructed in such a way that constitutes a trap.  Additionally, the attractive nuisance doctrine will apply where there is some unusual element of danger that exists, that does not usually exist in other similar bodies of water.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to drowning in a swimming pool or other artificial body of water.  Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

 


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