Drowning Accidents

poolIn nearly every case, a drowning or near drowning has devastating consequences on the victims and their families. The endless shoreline, murky waterways and countless swimming pools make drowning the leading cause of death of children under five in the State of Florida and one of the leading causes of death for adults as well. Near drownings can cause brain damage resulting in long-term problems ranging from memory loss and learning disabilities to the permanent loss of basic functioning.

Owners of private “backyard” pools and spas are responsible for providing a safe environment for children and adults alike. Public pools such as community pools, Apartment pools and Hotel/Motel pools are also subject to stringent safety codes and regulations. Most swimming pool injuries occur because of improperly designed and constructed pools, failure to properly secure a pool from small children, and failure to maintain the swimming pool in good condition. These safety codes and regulations often impose similar safety requirements upon owners of private and commercial property located near ponds, lakes and waterways.

At Roselli & Associates. P.A. we recognize that handling these cases require an aggressive and thorough investigation along with a compassionate understanding of the needs of our client during the difficult period that follows. Our hard work and commitment to seeking justice for our clients and their loved ones, is the driving force behind our reputation and our success in obtaining significant recoveries for our clients.

If you or a loved one is the victim of a drowning or near drowning contact us so we may evaluate your case and get the compensation that is deserved.

 

Other Cases of Interest

Wrongful Death Of 4 Year Old Boy Who Wandered Into Apartment Complex Pool

Confidential Settlement

Estate of Odnel F. v. Homestead Apartment Complex
Homestead, Miami-Dade County, Florida
Attorney for Plaintiff: Robert M. Roselli

In a matter of minutes, the life of a young Homestead family was turned upside down when their four year old son, Odnel, wandered into the unguarded pool of their apartment complex, fell into the water and drowned. Revived by paramedics and rushed to Miami Childrens Hospital, Odnel held on for more than two weeks until his frail body finally succumbed to the catastrophic brain damage he suffered. A wrongful death lawsuit was brought by attorney Robert M. Roselli on behalf of Odnel’s devastated parents, seeking justice for the untimely death of the boy which could have been avoided had the apartment complex and the apartment manager simply replaced the rusty padlock and latch. Ultimately, a substantial confidential settlement was reached for the family.

Drowning Is The Leading Cause Of Child Deaths In Florida

Confidential Settlement before Trial

Estate of Dayanne F. v. Homestead Apartment Complex
Homestead, Miami-Dade County, Florida
Attorney for Plaintiff: Robert M. Roselli

In a matter of minutes, four year-old Dayanne and her sister wandered away from their apartment and into the unlocked pool area at their apartment complex. Seconds later, Dayanne was under water. The apartment complex and its manager were emphatic that the gate was locked and secured and blamed Dayanne’s death on her grieving mother. Immediate action by Attorney Robert M. Roselli, to preserve key evidence and testimony, proved the pool was merely "secured" by a damaged gate, rusty chain and open padlock. Depositions of local police officers revealed frequent prior occasions when the gate was left unlocked and unguarded. While no amount of money can compensate for the loss of a child, a confidential settlement was negotiated before trial on behalf of the grieving mother.

 

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