Contact Us
Injured? Need Help? Tell us about your case
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.
Board Certified Trial Attorneys Helping You & Your Family Find Justice

Drowning Accidents

Clearwater Personal Injury Attorney

Drowning is one of the leading causes of unintentional death in the United States. Most drowning and near-drowning accidents are completely preventable, leaving accident victims and their families legally able to file personal injury and wrongful death suits against the liable party or parties.

If you had a near-drowning experience or you lost a loved one in a preventable drowning accident, contact a Clearwater personal injury lawyer at Roman & Gaynor. We will fight for the recovery and justice you deserve.

Drowning as a Premises Liability Claim

Drowning accidents could be an issue of negligent security, which falls under the umbrella of premises liability. These types of cases might take place at a public pool, lake or water park.

All bodies of water that are either open to the public or members (such as at a country club) must either have a lifeguard on duty or a sign posted informing swimmers to take caution because a lifeguard is not on duty.

The following scenarios are examples of potential premises liability claims:

  • There is one lifeguard on duty at a public pool, but regulations require an additional lifeguard for the amount of swimmers that are present at the pool. Because there are too many people for the lifeguard to watch, he fails to see a drowning boy.
  • An apartment complex has a pool that tenants are free to use between posted hours. There is never an active lifeguard on duty, which is warned against by a sign on the premises. However, the pool is only four feet deep and there is no "No Diving" warning signs at the pool, which leads to one of the pool guests nearly drowning.

Drowning as a Product Liability Claim

Drowning accidents could also be product liability-related claims. Defective pool parts, flotation devices and pool toys can all cause drowning or near-drowning accidents. One of the more severe product recalls due to a drowning hazard that has occurred in the past few years is over pool drain covers.

Some models of pools and spas came equipped with a defective drain cover which broke off easily. With the pool drains exposed, some individuals became caught underwater due to the strong suction and drowned.

Drowning: A Leading Cause of Child Death in the U.S.

According to the CDC, unintentional drowning killed more than 1,000 children in the United States in 2010, making it a leading cause of avoidable child death. In fact, among children aged 1-4, it is the number one cause of avoidable death.

When you take into account people of all age groups, not just children, drowning is still among the top five leading causes of unintentional death in the U.S. These statistics do not even include unintentional drownings related to boating accidents.

Roman & Gaynor: Your Clearwater Drowning Accident Lawyers

Contact Roman & Gaynor today to discuss your case in a free initial consultation. Our Clearwater injury and wrongful death attorneys will listen to the details of your case and provide you with counsel as to the best legal recourse. We passionately pursue the rights of victims and will do whatever it takes to see that our clients get the needed results.

To learn more about representation from Roman & Gaynor, call today!

We Have Recovered Over $85 Million for Our Clients

  • $4,356,000 Verdict for Traumatic Brain Injury Victim
    Client was rear-ended with great force by an employee of Mercedes Benz of Melbourne on a rural highway in South Florida. The collision was so powerful that three cars were totally destroyed and the client was rendered unconscious. The Client sustained multiple fractures to her arm and ribs, damage to her shoulder and she sustained brain damage. The jury deliberated almost four hours at the conclusion of a six day trial in Brevard County, Florida.
  • $2,700,000 Verdict for Truck Accident Victim
    After a six day trial, a Pasco County Jury awarded our clients $2,161,000.00 for wife and $631,900.00 for husband. The wife sustained a head injury and had a spine surgery. The husband injured his hands, shoulder and knee.
  • $1,450,000 Settlement for Injured Pedestrian
    Roman & Gaynor sued our client's car insurance company when they refused to take her fractured pelvis seriously. After being pinned between 2 cars in a parking lot, she could not walk normally or return to work. This jury verdict is more than 10 times the amount of the policy she sought, and her insurance company refused to pay, after her injury. State Farm later settled her bad faith claim and Roman & Gaynor collected the excess judgment.
  • $1,175,000.00 Verdict for Traumatic Brain Injury Victim
    $1,175,000.00: A New Port Richey man was injured in a motor vehicle collision when his work van was hit and flipped over, causing him to be ejected from his vehicle, crushing his skull. Roman & Gaynor's investigation revealed that the work van was not equipped with operable seatbelts. A lawsuit against his employer, who was responsible for the maintenance of the work van, resulted in a $1,175,000.00 settlement.
  • $850,000.00 Settlement for Husband & Wife
    A Pasco County couple were seriously injured in a rear end collision in Pasco County. After spinal surgeries, Roman & Gaynor successfully negotiated a global settlement in the amount of $850,000 which assisted this couple in rebuilding their lives.
  • $836,000.00 Settlement in Rear End Collision
    Our clients, a 56 and 58 year old couple from Pasco County, were stopped for a red light in Tampa when they were rear ended by a distracted driver. Both husband and wife suffered herniated discs as a result of this accident which resulted in 4 spinal surgeries. The at fault party’s insurance carrier asserted a low impact defense, and asserted that our client suffered from these injuries prior to the accident. After protracted litigation, and just 2 months prior to trial, Roman & Gaynor secured a $836,000 settlement in favor of this couple.
  • $820,000.00 Settlement in Rear End Collision
    After a year of litigating a case the Defendant never took seriously, Roman & Gaynor negotiated this settlement just to days before trial for a young lady with a spine injury. In this case, a relatively low impact collision led to more than one spinal surgery, including fusion.
  • $600,000.00 Jury Verdict for Accident Victim
    A St. Petersburg woman received a verdict of more than $600,000 for multiple injuries sustained in a car accident including a broken pelvis. We received the verdict at the end of a three-day trial. The Defendant was the driver of a truck who ran a red light.
  • $572,000.00 Settlement in Rear End Collision

    In 2017, a middle-aged man was rear-ended at a high-rate of speed on the highway. He sustained head, neck and back injuries but did not get any surgeries. We were able to obtain a tender of the policy limits of the at-fault driver but had to file a lawsuit for the underinsured motorist coverage. Seven months later, in 2019, we reached a settlement. We were able to recover a total of $572,000 for this client and his family from the insurance carriers to help them move forward.

  • $550,000.00 $550,000 Recovery for our Client

    A phantom vehicle made a left turn in the direct path of our client’s path of traveling causing him to take evasive action, causing him to strike a concrete utility pole. The force of the impact caused both airbags to deploy and the car engine came through the firewall and into our client’s dashboard and legs. Our client sustained serious lower extremity injuries, neck, and back injuries necessitating hospitalization, multiple surgeries, and extensive rehabilitation. Because the at fault driver fled the scene of the accident, we presented 2 uninsured motorists claims to our client’s uninsured motorist carriers. Demand for tender of the first uninsured motorist policy in the amount of $250,000 was made by our firm and was paid promptly. Second demand for the second Underinsured Motorist policy in the amount of $300,000 was made by our firm. This second insurance carrier denied coverage, based upon a UM rejection form signed by our client. Our firm determined that the UM selection form was fraudulently signed by our client’s car insurance agent. Our firm then filed a Civil Remedy Notice asserting fraud, and the insurance carrier promptly paid its $300,000 UM policy limit within the 60 day time period provided under the Civil Remedy Notice. This resulted in a total recovery of $550,000.00 for our client. A total victory for our client! Not all law firms check the validity of client signatures on UM selection forms. Our clients can be assured of this attention to detail for each and every case.

Reviews From Our Clients

  • “I am very satisfied with your service and I will recommend it to anybody.”

    Esther R.

  • “Agradezco toda su ayuda y con mucho gusto los seguire recomendando.”

    Maria S.

  • “Coming away from our first meeting, I knew that all would be well and that I was in good hands.”

    Robert M.

  • “I feel the staff and handling of my case was impressive and extremely professional.”

    Loretta R.

  • “Prompt, aggressive, compassionate representation is exactly what I received.”

    The C Family

  • “There is nothing you can do to improve in our eyes.You and Grace are perfect.”

    Oscar L.

  • “This was a difficult situation Mark and Cate made it easier.”

    Mary C.

  • “The expertise of this firm is wonderful.”

    Grace M.

  • “They Provided Helpful and Prompt Responses.”

    Edward R.

  • “I couldn't be more happy or satisfied.”

    Jessica T.

  • “At Roman and Gaynor it is not just about winning your case, it is also about making sure that you are taken care of physically and emotionally.”

    Co Ah

  • “I can attest that your motto "We Really Care" and "Compassionate Justice" are not just mere words...”

    Kally F.

  • “Mark, you and Grace were always very helpful and prompt in returning my calls.”

    Edward R.

  • “We truly want to thank you for not only representing us but all of your help, guidance and friendship.”

    Harry & Ellie H.

  • “We were so very confident in the firm's ability, and were never disappointed.”

    Joseph S.

A Firm That Stands Out

  • Over 60 Years of Combined Experience
  • Two Attorneys Board Certified in Civil Trial Law
  • Over $85 Million Recovered for Our Clients
  • 24 Hour Availability
  • Free, No-Obligation Case Evaluations
  • No Fees Unless We Win Your Case

Get the Help You Need Today

We're Ready to Fight for You. Request Your Free Case Evaluation Now.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.