Category: Water Injuries

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Water Injury Articles

 

“Attractive Nuisance” and Homeowners’ Responsibilities

“Attractive Nuisance” and Homeowners’ Responsibilities

With homeownership comes many responsibilities: pay your taxes, follow HOA rules, and … avoid willful harm to trespassers? That’s right. You must avoid harming trespassers, and if you discover a trespasser on your property, it’s your duty to warn him or her of any known dangers that are not open to ordinary observation. It doesn’t end there. A property owner is subject to liability for injuries suffered by a child trespasser if that child was enticed onto the property by what is called an “attractive nuisance.” Here’s how attractive nuisance is defined (1): the property owner knows or has reason to know that the place where the dangerous condition exists is one where children will likely trespass the condition is known or should be known to cause an unreasonable risk of bodily harm to a trespassing child the child because of his or her age does not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it the burden of eliminating the danger is slight compared to the risk posed to children the property owner fails to exercise reasonable care in removing the danger or protecting the child Some examples of an attractive nuisance could be a pool, a treehouse, or a trampoline. “Homeowners insurance would cover a home pool incident, but you would still be subject to a claim if a neighbor’s child were to enter your property and get injured or lose their life in your pool if it isn’t properly fenced in, for example,” explains Orlando personal injury attorney Doug Martin. “This could also...
Winter Water Safety

Winter Water Safety

Even in the winter, water safety is important. This is especially true for individuals and families in warmer southern regions, where daring swimmers are not intimidated by the temperature drop. Hot tub safety is also important to practice, as many welcome the warmth during a cold winter day. While water safety is important year-round, winter water safety introduces special considerations. This is especially true for families in northern areas, where snow and ice present seasonal dangers. In southern regions such as Florida, swimmers may not be deterred by the non-freezing climate and water temperatures. These individuals should ensure safety and warmth when swimming or participating in water sports during the winter months. Cold Water Safety Winter swimmers should particularly note the importance of staying warm. Swimmers should dress for the temperature of the water, not the temperature of the air. Swimmers should exit the water to warm up when cold temperatures begin to cause numbness, discomfort, or signs of bodily distress. Immersion in cold water can cause a specific set of dangers that may increase the risk of drowning. Cold water drowning is often associated with three main stages: Cold shock, which may cause involuntary gasping. Swimmers may be more likely to faint, hyperventilate, or drown before being able to calm their breathing. Swimming failure. The longer an individual is immersed in cold water, the more likely he or she is to lose the ability to move the extremities. This can result in drowning or a dangerous drop in body temperature. Hypothermia, or the condition resulting from a core body temperature drop that exceeds the required temperature for bodily...
Kids’ Water Safety Gear

Kids’ Water Safety Gear

The CDC states that drowning is the second leading cause of accident-related death in children ages one to fourteen. Protect your little ones by practicing water safety and utilizing kids' water safety gear when appropriate. Safety gear such as life jackets and other personal flotation devices can provide aid while in the water. Pool alarm systems can prevent accidents at home outside of swimming time. According to the Centers for Disease Control and Prevention, drowning is the second leading cause of accident-related death in children ages one to fourteen. This shocking statistic illustrates the need for families to practice ongoing water safety for kids. In addition to parental supervision and the implementation of water safety rules and habits, kids’ water safety gear can help prevent accidents from occurring. While this gear can be life-saving, it is important for parents and caregivers to understand that water-related accidents can still occur despite the use of kids’ water safety gear. Personal Flotation Devices Personal flotation devices come in several shapes and sizes. When selecting personal flotation devices for kids, it is important to make sure that they fit snugly and comfortably. If kids’ flotation devices do not fit properly, the device may have the opposite effect and actually become a water safety hazard for kids. Larger flotation devices should never be purchased under the intention that the child will “grow into” them. Life Jackets Life jackets for kids can play a significant role in preventing water-related accidents. The type of life jacket a child wears should depend on the swimming activity. The United States Coast Guard classifies life jackets into three main...
Reporting a Boating Accident

Reporting a Boating Accident

When a boating accident occurs, boat owners and operators should be aware of state and federal action that must be taken. In certain circumstances, filing a boating accident report is legally required. Additionally, there are time limits for when the boating accident report must be filed. Read more to find out more details regarding Florida's boating accident reporting laws. Boating is a fun family pastime for many, especially for those who live in sunny and water-friendly states like Florida. As with any recreational activity, there is always the risk of a being involved in an accident. To protect yourself and your family, it is important to be educated and prepared in the event of a boating accident. Under certain circumstances, federal law requires that the operator or owner of the boat files a state-level boating accident report within the state where the accident occurred. In addition to filing a state boating accident report, boaters may also pursue appropriate action such as boating insurance claims or a boating accident lawsuit. Florida Boating Accident When a boating accident occurs in Florida, state law requires boaters to file a report with the Florida Fish and Wildlife Conservation Commission’s Division of Law Enforcement, or the local police or sheriff’s department. The Florida Fish and Wildlife Conservation Commission states that 704 boating accidents were reported in 2012. These reported boating accidents resulted in 55 deaths, 386 injuries, and more than $8 million in total property damage. A Florida boating accident report must be filed when at least one the following incidents occur: Death of one or more individuals Disappearance from the boat under circumstances...
Swimming at a Friend’s House

Swimming at a Friend’s House

When your kids swim at a friend's house, it can be a cause for worry. It's important to start teaching swimming pool safety from an early age. When the kids are playing with new friends, it's also wise to meet the parents and discuss your safety rules and expectations, as well as get to know theirs. Some of the most enjoyable times in a child’s life is meeting new friends and spending time outside his or her own home. In the summer months, visiting a friend’s house to swim is a common occurrence. However, this can create a new set of concerns for parents. Pool safety is a hot-button issue that deserves special attention. A new element is added to the fact that parents cannot implement their own rules and guidelines when their child is at a friend’s house. Kids Swimming with Friends First and foremost, your child should understand the importance of pool safety when swimming at a friend’s house. This can be taught at an early age, whether or not your family has a private pool in the backyard. One of the staples of pool safety is ensuring that children are always under parental or other adult supervision. Therefore, your child should not enter a pool at a friend’s home unless accompanied by a parent or adult. Other swimming pool safety rules to teach your child include: Always swimming with a buddy so that swimming does not occur alone Enrolling the child in swimming classes to ensure comfort in the water and proper swimming techniques Staying well-nourished and hydrated in order to avoid exhaustion or fainting Walking...

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