GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Accidental Drownings

accidental drownings involving community pools, retainer lakes, ponds, and more

  • Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Ten-year-old Tahfin Chowdhury became the sixth child in Palm Beach County to drown in 2022, after going missing on Sunday, November 27, according to the Palm Beach Post.

    Described as an autistic, non-verbal child who liked the water, Chowdhury was reported missing by his family Sunday afternoon. An intensive search for him started shortly after 2 p.m., and his body was found hours later in a pond in the Turtle Cay community in Riviera Beach where he and his family lived.

    Possible Wrongful Death Claim for Tahfin Chowdhury Family?

    In the drowning of Tahfin Chowdhury, several factors must be considered to determine if the family has the grounds to pursue a wrongful death lawsuit. For example: Was adequate fencing or barriers in place around the community lake, knowing that an autistic child was a member of the community? What safety precautions, if any, were present that could have presented this tragic death?

    Residents expect their children to be kept safe in the communities they live in, especially children with disabilities. For Tahfin Chowdhury’s family, the question now becomes, did the Turtle Cay community do enough to ensure the safety of their autistic child?

    Our law firm has handled drowning cases in the past, and we have pursued property owners for inadequate or non-existent preventative measures that should have been in place to prevent a tragedy.

    Drownings Common Among Autistic Children

    Drowning is among the leading causes of death for people with autism, like Tahfin Chowdhury, according to studies done by the National Autism Association. Children with autism are often attracted to the water, and that requires special preventative steps, says Anna Stewart, Manager of the Drowning Prevention Coalition of Palm Beach County.

    “It’s really important that [people] use layers of protection inside and outside the home, door alarms, window alarms, fencing. Obviously, supervision is most important, but we know that you can’t watch a child 24 hours a day, seven days a week.”

    Accidental Drowning Liability Cases

    Access to water, whether it be swimming pools, the ocean, or community lakes and ponds, is highly available in Florida, so it should come as no surprise that drowning accidents are common in Florida communities. Between 2017 and 2019, Florida ranked highest in the United States for child deaths from drowning, according to the Florida Department of Health, and fourth among all states for fatal drownings. Common causes of accidental drownings include:

    • Improper safety precautions, i.e. lack of fences or barriers
    • Lack of supervision
    • Negligence on the part of the property owner

    To get the answers needed, it makes sense to hire a firm that has significant experience in premises liability cases involving drowning deaths. The team of attorneys at GOLDLAW understand the legal rights of the victim’s family and are not only committed to getting the maximum amount of compensation possible but also to helping the family recover from their loss.

    Have questions about an accidental drowning or wrongful death? Contact our office at (561)222-2222.

  • Drowning of Young Boy in Greenacres Pool Highlights Potential Blame

    One of the most shocking and horrifying things that can happen to a family is the sudden or accidental loss of a young child. As personal injury lawyers who have handled thousands of wrongful death cases over 100 years’ combined experience of our six attorneys, we have seen it all too often.

    The most common cause of death among children under the age of 5 years old is accidental drowning.

    Only a few accidental drownings occur in Palm Beach County each year, thanks to the efforts of important non-profit groups such as the Drowning Coalition of Palm Beach County.

    But, not all drownings can be prevented, and that’s because it’s not always the fault of the parent.

    The death of a 4-year old in Greenacres/Lake Worth by drowning in September highlights that important point.

    Drowning of a 4-year old at the Lucerne Lakes Community pool

    An unidentified boy suffered a near drowning at the Lucerne Lakes Community pool in Lake Worth in late September, and sadly, died from his injuries about a week later.

    According to news reports, the mother, who had been with her son the entire time they were in the pool, had turned her head away for just a minute or two when the boy slipped into the pool unnoticed and unattended.

    An argument could be made that this was incident was not the fault of an inattentive mom, but rather at least part of the fault could lie with the property owners.

    Why improperly secured pools lead to drownings, which leads to a wrongful death lawsuit

    According to Florida laws, it is the responsibility of the owner of any pool to maintain a sufficient barrier around their property, and around the pool, to restrict access to those who are vulnerable to drowning. While that commonly includes children, it may also include the disabled, or the elderly.

    If access is not restricted or properly maintained, and a drowning occurs in any pool, the owner of the property or their insurance company may be held liable for a wrongful death lawsuit by the surviving family of the victim.

    We encourage the public to speak with a personal injury law firm if you’ve lost a child to an accidental drowning under any circumstance.

    Our law firm has been an advocate for pool safety, having partnered with the Drowning Coalition for Public Service Announcement commercials on local TV. We’ve handled many cases involving the drowning of children on someone else’s property. While we cannot bring those precious child back, our law firm can be valuable in the long and slow process towards recovery from such an awful tragedy.

  • Preventing Child-Related Drownings

    Now that the weather has warmed up and most children are home from school, backyard pools, waterparks, hotel pools, and community pools will be bustling for the next few months. After all, summer is all about having fun in the sun and playing in the water, especially if you’re a child or teenager.

    Unfortunately, the summer season generally means an uptick in accidental drownings and near-drownings, most of which are entirely preventable. According to the Centers for Disease Control and Prevention (CDC), “drownings are a leading cause of injury death for young children ages 1 to 14, and three children die every day as a result of drowning.” The CDC goes on to say that drowning takes the lives of more children between the ages of 1 and 4 than any other cause, with the exception of birth defects.

    For more drowning statistics from the CDC, click here.

    How to Prevent a Drowning

    If you are a parent, or if you will be caring for children over the summer, it’s critical that you learn how to prevent a child from drowning. Even if it’s not your own child, or a child that you are watching, this information may still help you save another child’s life.

    Key drowning prevention tips:

    • If you’re a parent, enroll your child in swimming lessons until they become excellent swimmers.
    • Learn cardiopulmonary resuscitation (CPR).
    • If you have a pool in your backyard, fence it off with a four-sided isolation fence equipped with self-closing and self-latching gates. This prevents small children from falling in the pool.
    • If you go near a natural body of water, such as the ocean, a lake, or a river, require all children under your care to wear lifejackets, regardless of swimming ability. A weaker swimmer can wear a lifejacket in a pool too.
    • Watch children closely near water. If kids are swimming on your backyard pool, or if you’re at a pool party, keep a close watch on the kids. Drowning is quick and quiet, and often occurs within feet of a distracted adult. Avoid consuming alcohol or drugs, or engaging in distracted activities when children are in the pool. Even checking social media, chatting on the phone, or running into the house to get a few chores done can distract you long enough for a child to drown while in your presence.

    If someone you love has been injured or killed in a drowning accident on private or commercial property, we urge you to contact our firm to schedule a free consultation with a West Palm Beach personal injury attorney.

  • Florida Parents and Homeowners: Prevent a Drowning This Summer

    Summer is nearly here in Florida. For many families, summertime is a relaxing time. But for others, it’s a reminder that the dangers of childhood drownings and near-drownings are all too real.

    According to the Florida Department of Health, Florida experiences the highest rate of accidental drownings in the nation for children under five years old. Almost eight children out of every 100,000 people drown each year. That’s enough children to fill three or four preschool classrooms.

    Fortunately, there are some precautions parents and homeowners can take this summer to curtail the risk, and hopefully save one of those precious lives.

    Drowning prevention is everyone’s responsibility.

    Florida’s premises laws, or laws governing who is responsible if an accident or injury occurs at a place or on a property, are written in a way that protects both the property owner, and the injured party.

    When it comes to keeping a swimming pool inaccessible by small children, both the parent and the property owner can be held responsible for any negligence that occurs.

    A property owner must follow specific city and state codes specifying how high the latch for a fence or gate leading to a swimming pool must be. If the latch isn’t high enough, or if it fails, the property owner could be found negligent if a small child breaches the pool and drowns.

    However, homeowner responsibility doesn’t absolve the role or responsibility of the parent. It’s common for parental absence or distraction to lead to a drowning or near-drowning of a young child. In the time it takes to swap a load of laundry from the washer to the dryer, a child could fall into a pool and drown.

    Keep your property safe.

    If you own a property with a pool, even if you don’t expect to have children in your home, it’s always a good idea to be on the lookout for hazards around the pool. Loose or missing pavers, bricks, or foreign or unattended objects lying around the pool could case someone to trip or fall into the pool.

    Double-check your gate or fence latches, and make sure they are “self-closing” to prevent neighborhood children from accessing your property.

    If you own a property with a pool and have small children, or, if you are visiting a friend or family who has a pool with your small children, it’s a good idea to double-check the barriers surrounding the pool. Also double-check the safety mechanisms you have around the home, including the child-safety locks on door and screens.

    Make sure the required “pool alarms” on doors and windows are property installed and functioning.

    Be prepared in the event of a drowning emergency.

    All the precautions in the world will not prevent every instance of a child gaining unsupervised access to a pool, so it’s important that you are prepared in the event of an emergency. If a child does fall into a pool, retrieve the child, call 911, and begin performing CPR.

    “Near-drownings” is a term used to describe a situation in which a child is submerged under water for long enough to cause injury, but hasn’t fully succumbed to drowning. A child may have a pulse, but may not be breathing; or the child is barely breathing. This is called a near-drowning.

    Performing CPR and getting emergency help is crucial in the minutes following a near-drowning. The longer a child is without oxygen, the greater the possibly for permanent brain injury to occur.

    Before you have that first summer barbeque, it’s a good idea to follow these tips. Stay alert and supervisory when your child is outside, or near a pool; make sure your pool is free of hazards, especially if you have company over; and brush up on your CPR and emergency preparedness. The adherence to any of these safety precautions could be the difference between life and death.

    If you or someone you know has suffered the death of a child due to a drowning or near-drowning, contact our law firm for a free confidential consultation. We may be able to help your recover for pain and suffering following a preventable drowning accident.

  • Safe Swimming: A Guide To Pool Safety

    Summer is coming to Florida. Swimming pools are a great way to keep cool despite the heat and humidity, but swimming pools can be dangerous. West Palm Beach drowning lawyer Craig Goldenfarb has prepared this list of safety tips to help you and your family enjoy the pool and stay safe.

    First the facts:

    According to statistics from the Centers for Disease Control (CDC), nearly 3500 people are killed in drowning accidents every year. About 400 (11%) of these accidents occur in Florida, making Florida the top state for drowning deaths.

    Florida is also the top state for near-drowning accidents. About 566 people a year are injured in Florida swimming pool accidents. The most common types of injuries which occur in swimming pool accidents include:

    • Near drowning
    • Traumatic brain injury (TBI)
    • Injury to the spinal cord
    • Disembowelment
    • Injuries to the limbs
    • Death

    Some facts regarding swimming pool accidents in the U.S.:

    • According to CDC data, over one quarter of drowning victims are children. Sixty percent of near-drowning victims are children.
    • Children between the ages of one and four are most likely to be involved in Florida swimming pool accidents.
    • Approximately one-fifth of children who are admitted to hospitals after near-drowning accidents sustain serious long-term brain damage.
    • The lifelong cost of treating the injuries sustained by a swimming pool accident drowning victim can cost more than $4 million.
    • Florida’s drowning rate is twice the rate for the rest of the United States.
    • Negligence and defective pool parts are the two most common causes of West Palm Beach swimming pool accidents.

    Florida swimming pool safety tips:

    Most young children who become victims of swimming pool accidents are injured while at home. In most cases, the child had been out of sight for fewer than five minutes, and was in the care of one or both parents when the drowning occurred. Don’t assume your child is safe; it is worth the time and cost to take steps to prevent Florida swimming pool accidents.

    West Palm Beach drowning lawyer Craig Goldenfarb suggests taking the following safety precautions:

    • Install a pool fence which completely secures the swimming pool area. The fence should be, at minimum, 4 feet high with self-closing and self-latching gates which open outward. The latches should be out of the reach of children.
    • Install automated door locks and/or alarms so children cannot access the pool area without an adult.
    • Install a powered safety pool cover or other type of motor-powered barrier that will prevent accidental falls into the pool.
    • Remove any flotation devices, balls, or other toys from the pool area when not in use so children aren’t tempted to enter the area.
    • If the pool is above ground, remove all ladders/steps when the pool is not being used.
    • Make sure that the pump’s shut off switch is clearly marked.
    • Check all of the pool’s drains. Never attempt to use a pool with a broken drain.
    • Use a pool drain cover with a dome-shaped design.
    • Consider the installation of a Safety Vacuum Release System (SVRS), which will automatically shutoff when any type of blockage is detected.
    • Get your pool inspected every year; all drains and other pool parts should be checked for integrity and safety at the beginning of the swimming season.
    • Make sure there is an adult present whenever children are swimming. Do not rely on flotation devices.
    • Take a CPR class. These are available through the Palm Beach Red Cross, 561-833-7711.

    If you have lost a loved one to a West Palm Beach drowning accident, we are very sorry for your loss. If your loss occurred because another person failed to prevent the accident or because of a defective pool part, you may be able to file a Florida drowning lawsuit. We know compensation can’t erase your loss, but it can help you get the accountability you need.

    If your child was injured in a near-drowning, a Florida drowning lawsuit can help you get compensation for their medical care and disability. To learn more, pleasecontact the Law Offices of Craig Goldenfarb, P.A. today to schedule a confidential, no-cost consultation with a West Palm Beach drowning lawyer.

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