South Florida Injury Lawyer Blog

The News-Press recently reported that 1 million drain covers are being recalled, which could shut down hundreds of thousands of pools.

In April, our Fort Lauderdale personal injury lawyers reported on the need to install pool drain covers to prevent swimming pool accidents.

Pool and spa drain covers are essential to prevent drain entrapment death and injuries. Chairwoman Inez Tenenbaum of the Consumer Product Safety Commission (CPSC) strongly advised public pools to close immediately if they had any of the recalled covers. Private pool owners were urged to contact the manufacturer of their drain cover. The drain covers have been required since 2009; the special raised design prevents all the holes from being covered, which creates the deadly powerful suction. According to the CPSC, since 1999, one adult and 11 children have died from being trapped underwater and 82 others have been injured. A CPSC investigation also recently discovered that faulty standards at certifying labs have led to unsafe drain covers.

The recalled covers are made by the following manufacturers:

-A&A Manufacturing
-AquaStar Pool Products
-Color Match Pool Fittings
-Custom Molded Products
-Hayward Pool Products
-Pentair Water Pool and Spa
-Rising Dragon USA
-Waterway Plastics

A general manger of a pool store in Cape Coral said Waterway Plastics is a "pretty major manufacturer," so there is the potential for many recalled drain covers in place in Southwest Florida. The store manager was concerned that identifying the unsafe drain covers isn't easy. You can't just look at the cover and know who made it. Your original pool installer may be able to find out the information for you or an inspection of the drain cover by a pool maintenance worker may be needed. The CPSC indicated pools with gravity drainage or multiple main drains systems are not affected by the recall.

For additional information, call the recall hotline at 1-866-478-3521 or visit The Association of Pool & Spa Professionals website.

The American Academy of Pediatrics recommends not having a swimming pool until your children are older than 5, but if you do have one, they suggest the following:

-Never leave children unattended in or near a pool. Whoever supervises children around water must know CPR.

-Children under 5 should always be within an arm's length of an adult.

-A minimum of a four-foot fence should surround a pool. The fence should have self latching and closing gates, with latches high enough so children can't reach them. Many young children drown in pools because they leave the house and fall into the pool.

-A phone and rescue equipment must be located near the pool.

-Don't use air-filled "swimming aids" in place of approved life vests.

-After use, remove all toys from the pool and secure the pool so children aren't tempted to return.

-Remember, even though your child may know how to swim, he or she may not necessarily be safe in the water.

Continue reading "Drain Cover Recalls Could Lead to More Pool Accidents in Fort Myers, Boca Raton" »

Florida always has great weather, which serves as an excellent reason to relax by the swimming pool. With the summer months quickly approaching, more and more residents and tourists will be enjoying the Sunshine State out on the pool deck.

To help increase pool safety, the U.S. Consumer Product Safety Commission's (CPSC) Pool Safely: Simple Steps Save Lives campaign released new 2011 TV and radio public service announcement to share a number of water safety tips that could help decrease the risks of a swimming pool accident in Fort Myers and elsewhere.

"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.

Our Naples swimming pool accident attorneys urge all Floridians and tourists to be safe around pools when enjoying the outdoors and all that Mother Nature has to offer. As pool-related injuries continue to rise, everyone is urged to take the necessary precautions to preserve the safety of you, your family and your friends.

In the first few months of this year, there were 37 drownings and another 38 near-drownings reported across the U.S., according to the CPSC.

The PSAs have been released nationally to urge families to inspect their pool and spa areas and to adopt as many safety steps as possible to help eliminate causes of injury or death.

This Pool Safely campaign is the first attempt by the federal government at a national public-education effort to help reduce drownings and near-drownings.

"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.

According to the Centers for Disease Control and Prevention, more than 3,400 people died from unintentional drowning in the United States in 2007. Drowning remains the second-leading cause of unintentional injury-related death for children ages 1 to 14 years.

Continue reading "CPSC Releases 2011 PSAs to Help Decrease Risks of Swimming Pool Accidents in Fort Myers and Elsewhere" »

While we are fortunate enough to experience beautiful weather all year long, we are also more vulnerable to pool accidents. It is important to keep our pools safe as they're used virtually all year around.

It is critical to install a compliant cover in pools with direct suction. Both federal and state laws address this issue. A pool spa drain cover safety act, known as The Virginia Graeme Baker Pool & Spa Safety Act (P&SS Act), was put into effect after a young girl drowned as a result of being trapped under water by the powerful suction from a hot tub drain, according to Pool Safely.

There have been an estimated 4,200 pool and spa submersion incidents for children under the age of 15 from 2007 to 2009. Children between the ages of 12 and 35 months represent 47 percent of these injuries, according to the U.S. Consumer Product Safety Commission.

Our Boca Raton personal injury lawyers would like to remind families that drowning is the second leading cause of death in the United States for children under age 14. We would also like to point out that it is the homeowner that is held responsible for these pool accidents. It is important to remember that the proper pool safety precautions and adult supervision are the two most critical factors in reducing the risk of swimming pool drowning incidents.

Florida has some of the highest rates in the United States for injuries and fatalities in swimming pool related incidents. It is important to keep an eye on your children as they can drown in shallow water in a matter of minutes. A homeowner's failure to properly maintain their personal swimming pool can cause a tragedy. Make sure that your residential swimming pool is properly equipped with ladders, handrails, covers and fences. Make sure they are all used at appropriate times to reduce the risk of injuries to swimmers of all ages.

We urge you to practice every safety precaution when outside enjoying the beautiful weather. As Florida is home to more than 1,000,000 residential pools, we ask our residents to conduct regular inspections and make sure your pool meets safety standards. We also would like to remind you that many homeowner's insurance policies take specific note of swimming pool liabilities and may have special requirements for insurance coverage, usually requiring more coverage than that of a home without a pool.

Continue reading "Pool and Spa Drain Accident a Spring Danger in South Florida " »

An Indiana University student is struck by a train at Southwest 2nd Street and Southwest 2nd Avenue while celebrating his spring break in Fort Lauderdale, according to the The Sun Sentinel.

This is the second time an accident like this has occurred in recent months. Fort Lauderdale spring break injury attorneys encourage you to party safely and responsibly on the east coast this spring break.

The college student was struck by the train at 1:45 a.m. It has yet to be reported if alcohol or other drugs were involved. According to authorities, the spring breaker walked around the railroad gate, which was down and alerting caution, and was struck by the northbound train.

Spring break accidents are not uncommon. The Examiner provides a list of the top 10 spring break injuries. The list includes incidents of car accidents, falls, boating accidents, drownings and various alcohol-related incidents.

SafeSpringBreak.org offers local vacationers these tips to help ensure a safe spring break:

-Go out with friends, and go home with friends. Parting responsibly with friends can help keep some out of trouble and accounted for. Make sure you always have a designated driver.

-Practice safe sex. Let's not ignore the fact that spring breakers have a history of promiscuity. Bring proper protection and set boundaries. Think first and don't allow you self to wind up in a compromising situation.

-Hit the beach with a buddy. Remember that the Florida sun can take a toll on beach goers. Keep yourself hydrated with plenty of water. Always swim with a friend. The east coast undertow can take hold of even the most experienced swimmer.

-Monitor your alcohol consumption. Be aware of the liquor laws in your spring break destination. A study by the University of Wisconsin reports that 75 percent of college males and 43 percent of females reported being intoxicated on a daily basis during spring break.

Continue reading "Ft. Lauderdale, Popular Spring Break Destination at Increased Risk for Injuries" »

Our Fort Lauderdale child injury lawyers encourage parents of small children to take note of the "Keep your Guard Up" campaign, which aims to reduce the number of drowning accidents in Broward and Palm Beach counties and the surrounding area.

An event this week at Miromar Regional Park highlighted the initiative, which encourages parents of children under 5 to keep swimming children at arms length. New or weak swimmers should also wear life jackets. And pools should be equipped with fences, locked gates and door alarms.

The Sun-Sentinel reports that at least five children under the age of 5 have drown in Broward County so far this year. Three others nearly drown. Near drownings can cause very serious injuries, including brain injuries that result in developmental disabilities.

Authorities say the vast majority of drownings are caused by just a momentary lapse in supervision -- practicing "arms length" supervision significantly reduces the risk.

As our Palm Beach injury attorneys reported at the start of summer, nearly 400 pool or spa-related deaths occur to children under the age of 15 each year.

More children die in swimming pool accidents in Florida than anywhere else in the nation. Broward County reported eight deaths in 2008, more than anywhere else in the state.

You can find safe Florida swimming tips here.

Continue reading "Hands-on supervision urged to prevent Fort Lauderdale swimming pool accidents" »

More children die as a result of swimming pool accidents in Florida than anywhere else in America. It is the leading cause of death for children ages 1 to 4. And for every child that drowns, four will be seriously injured as a result of a Florida swimming pool accident.

Swimming pool drownings are tragic cases. Seeking the advice of an experienced Florida child injury attorney is critical. No amount of compensation can bring back a child. But in the case of a child's death or serious injury in a pool accident, a personal injury or wrongful death claim should be filed against the property owner's insurance carrier.

In response to the tragic number of Florida drowning cases, The U.S. Consumer Product Safety Commission is launching its national Pool Safety Campaign right here in South Florida. The campaign kicked off this week at the Fort Lauderdale Aquatic Complex, CBS 4 reported.

In Lee County, advocates are launches a companion campaign to reduce the number of pool drownings in Fort Myers and Cape Coral, The News-Press reported.

Each year, an average of 385 pool- or spa-related deaths occur to children under 15, according to the Consumer Products Safety Commission.

In 2008, Broward County led the state with 8 drowning deaths. Lee County had six swimming pool deaths.

Pool Safety Tips

-Install an isolation fence around your pool (The law requires this for most swimming pools in Florida).

-Designate someone to supervise children around a swimming pool.

-Never consider a child to be safe around water, regardless of his or her skills.

-Floaties, and other inflation devices are not life jackets and should not be substituted for supervision.

-Toys and other tripping hazards should be kept clear of the pool area.

-Remove anything obstructing a clear view of the pool from the house.

-Remove covers before using a pool. Children can become entrapped in pool or spa covers.

Source: Adapted from information provided by the Lee County Health Department

Continue reading "South Florida pool drowing is a leading cause of death for small children" »