Drowning Accident Lawyers. Everything you need to know.

Drowning Accident Lawyers. Everything you need to know.

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Every day, about 10 persons in the United States die from unintentional drowning, touching the lives of many newly bereaved loved ones. Lawyers can analyze your eligibility to bring a wrongful death case if you’ve lost a loved one in an avoidable drowning accident caused by the negligence of another party.

Who drowns

Drowning happens when liquid covers a person’s mouth and nose, cutting off oxygen. Few people can wave or call for rescue while drowning.

While drowning can happen rapidly, complications can lead to death if left untreated. Anxiety, asthma, vomiting, and loss of consciousness can follow a drowning rescue.

Hypothermia, acute respiratory distress syndrome, hypoxia, head and spinal cord injury, and aspiration of vomit are frequent sequelae of drowning.

Common drowning sites:
• pools
• jacuzzi
• baths
• drain (infant drowning)
• ditches
• ponds
• rivers

Who’s at risk for drowning?

Drowning is most common among persons with easy access to pools, ponds, and rivers. In low- and middle-income nations, 90% of drowning deaths occur. Florida, which has several water parks, pools, and beaches, is a high-risk state for drowning injuries and deaths.

CDC – Drowning risk factors include:
• lack of swimming ability
• young age
• access to swimming pools
• lack of supervision
• lack of barriers (e.g. fencing around home pools)
• failing to wear a life jacket
• having a seizure disorder
• swimming while under the influence of alcohol

Access to pools and location can influence drowning risk just as much as personal variables like inability to swim. Swimming or being rescued from a drowning episode may not prevent drowning death.

After a near-fatal drowning, it’s crucial to get medical assistance to check for consequences. Ignoring a near-fatal drowning can lead to cardiac and respiratory collapse.

Drowned children

Drowning is the second-leading cause of preventable mortality among children and adolescents under 15. Children ages one to four are most at danger.

Most kid drownings occur in domestic pools, tubs, or sinks. Epileptic children may be at a higher risk of drowning problems.

Preventing drowning deaths involves:
• teaching swimming basics
• monitoring kids near water
• buddy-system
• learning cardiopulmonary resuscitation (CPR)
• wearing a lifejacket when swimming in an open water source

Justice For Wrongful Drowning Death

Families of those who drowned on another’s property may be able to sue for damages.

Legal claims include:

If a defendant breached their legal duty to a drowning victim, the victim’s family can sue for negligence.
For example, a public pool without a lifeguard or a daycare or school without supervision.
These legal requirements, called duty of care, may vary on where the drowning occurs, who owns the property, and other reasons.

Premises liability rules regulate property owners’ legal responsibility to guests. These laws may not apply to trespassers unless they are children. State-by-state liability exceptions differ.

Wrongful Death
Wrongful death lawsuits involve drowning deaths.

Surviving family members must prove:
• victim drowned
• victim died through defendant’s negligence or intent to harm
• The loss of a family member has consequences (e.g. financial burden, pain and suffering)

Who’s liable for preventable drownings?

Liable parties for a drowning incidence vary on where it happens and where you live in the U.S. Some states regulate death responsibility on residential, commercial, and government property.

Drowning on private property

The owner of private property where your loved one drowned may be responsible for wrongful death and damages. A property owner’s liability for tragic drowning may be affected and whether there were barriers (e.g. fencing) in place.

In Florida, residential pools must be fenced in. State legislation may punish noncompliance.

Public pool drowning

Public pools can refer to community pools, fitness center pools, pools on school premises, and waterpark pools. Owners or operators are usually accountable for drowning deaths on these properties. Lifeguards and other property staff may be liable for drownings.

Accidental boat/watercraft drowning

332 persons drown in boating-related incidents annually. Popular coastal states like Florida and California have the highest boating-related drownings.

Accident causes may determine liability. If someone drowns after going overboard, the watercraft’s owner or operator may be accountable.

Watercraft owners and operators may also be liable if the operator was drunk or lacked life jackets.

Who can sue for wrongful death?

Families of a drowning victim may be able to sue the culpable party for wrongful death. Family members can sue for drowning wrongful death:
• parents
• spouses
• children
• grandchildren
• dependents

State rules govern who can sue for wrongful death. Consult a wrongful death lawyer if you are not a close relative or next of kin of the drowning victim.

Hiring wrongful death lawyers

If your loved one died from drowning-related problems, you should consult a wrongful death attorney.

A wrongful death lawsuit can be complex, time-consuming, and emotionally draining. Having legal representation to explain and defend your rights to legal damages might reduce your emotional and financial burden.

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