Toddlers Hospitalized After Wandering Into Unattended Delray Beach Pool
As an Aventura injuries to minors attorney, I have written several times about the dangers to young children from unattended swimming pools. I am sorry to say that the city of Delray Beach saw another such accident Dec. 29. According to the South Florida Sun-Sentinel, a three-year-old boy and a boy and a girl, both two, somehow got into a neighbor’s backyard around 5:30 p.m. as they were visiting a family friend. One of the boys was hospitalized in critical condition Tuesday, while the other children were in stable condition. Delray Beach police are investigating how the accident occurred.
The boys are brothers and the girl is their cousin, according to family friend Manette Joseph. Both of their mothers were visiting Joseph’s home while Joseph was working that day. It was unclear whether an adult was watching them when they were outside, but a neighbor, Matilda Corona, had warned the children and a teenager to stay away from her own pool earlier in the day. When the children were found in another neighbor’s pool, Corona’s daughter-in-law, a nursing student, was called to perform CPR. Because the pool was murky and dirty, a Fire-Rescue dive team was called to ensure that there were no more children in it.
The nursing student told the Sun-Sentinel that she didn’t see a screen around the pool. If so, it suggests that the unnamed neighbor may have violated Florida law by failing to erect a fence sufficient to keep small children out. Swimming pools are a leading cause of accidental drowning in toddlers, taking the lives of about 300 children under five each year. For that reason, state law requires owners of new swimming pools to erect a fence around their pools high and secure enough to keep young children out. Failure to follow this law can result in a criminal charge, as well as clear liability in any West Palm Beach child injury lawsuit. This is entirely separate from the issue of whether the children were adequately supervised by adult family members. If they were not, both parties would be at fault and any financial recovery for the family would be reduced accordingly.
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