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Drowning
Drowning Claims
People who have suffered a nonfatal drowning accident can seek help from our drowning accident attorneys, as well as relatives who have lost a loved one to a drowning fatality.
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An estimated 3,960 unintentional drowning deaths occur in the U.S. every year, while 8,080 nonfatal drownings occur. Families and victims of drowning accidents may file a drowning accident lawsuit to get the compensation they deserve.
The medical care and hospitalization for non-fatal drowning can take months, even years. Injured victims can suffer organ damage (including brain damage), spinal cord injuries, and hypothermia.
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Hotel owners, water parks, and owners of public and private pools are frequently named as defendants in drowning lawsuits. These parties are liable to be sued under a number of legal theories, including negligence, premises liability, product liability, and wrongful death.
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Attorneys can file drowning lawsuits on behalf of clients based on one of these theories. Lawyers can also work with insurance companies to settle drowning accident claims and provide medical treatment to drowning victims.
Common Injuries Associated With Drowning
CDC statistics show that US drowning deaths occur 3,960 times per year. The surviving family members and loved ones of drowning victims can suffer both emotional and financial loss.
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According to the CDC, approximately 8,080 nonfatal drownings occur in the U.S. each year. Many drowning victims require hospitalization and may suffer from head and spinal cord injuries, as well as brain injuries, organ damage, hypothermia, hypoxia, and acute respiratory distress syndrome.
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Drowning occurs when people suffocate because a liquid (usually water) covers their mouths and noses and thereby cuts off oxygen to their lungs.
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The U.S. has the highest drowning rate among children from one to four, except for infant deaths caused by birth defects.
Additionally, nearly 80 percent of drowning victims are male. Male drowning rates may be higher for a variety of reasons, such as increased exposure to water, risk-taking behavior and alcohol consumption.
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Drowning and near-drowning accidents can be caused by many factors, including a lack of supervision (for example, by parents or lifeguards), boating accidents, the absence of fencing or other barriers around pools and hot tubs, failure to wear a life jacket, consuming alcohol, or poor swimming ability.
Liable Parties For Drowning Accidents
Potentially liable parties in pool drownings and other drowning cases depend on the facts of the case and the jurisdiction in which the victim lives. Regardless, common defendants in these lawsuits include property owners and private pool owners, as well as owners of apartment complexes, water parks, recreation centers, and neighborhood associations.
In a drowning lawsuit, swimmers and drowning victims can rely on various legal theories. For example, negligence, premises liability, product liability (such as faulty pool drains in drowning cases), attractive nuisance, and wrongful death are some examples. An injured person is generally entitled to recover all compensation that results from the defendant's actions if the lawsuit is successful.
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Medical bills, lost wages, lost earning capacity, and pain and suffering can be considered compensatory damages. Occasionally, injury victims in these matters receive punitive damages.
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Survivors of wrongful deaths may be able to recover burial and funeral expenses, income that the deceased would have earned, and compensation for the loss of companionship and support.
Drowning Accident Attorney Role
An injury victim can receive medical care before filing a lawsuit by contacting a drowning accident lawyer. A lawyer can also coordinate the treatment of a party after initial care has been provided. Additionally, attorneys can assist in gathering evidence and investigating injuries in order to build a strong case.
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Additionally, a drowning accident lawyer can send a demand letter to an at-fault party. Demand letters inform an insurance company of the intent of an injured victim to file a personal injury claim against its insurer. Eventually, a personal injury lawyer can file and litigate a lawsuit if the claim is unsuccessful or not filed for some reason.
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A lawsuit is usually complex and involves many deadlines. A skilled attorney will be able to handle these complexities as well as the deadlines that must be met.
Benefits of Hiring a Lawyer
An experienced personal injury lawyer will know what a drowning accident case is worth. In other words, they ensure that a client receives the exact amount he or she deserves. Attorneys can also find hidden value in a case in order to maximize a client’s compensation.
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Note that drowning accident cases can sometimes involve several different liable parties, which could mean multiple insurance policies affecting the case. Lawyers are skilled in analyzing insurance policies so as to know with whom to file an injury claim.
While some people injured from a drowning accident can try to represent themselves, people represented by a lawyer usually receive bigger settlements.
Liability For Drowning Accidents
If a drowning occurs in a private pool (such as a backyard pool), the property owner or renter may be held responsible. This is especially true if the owner failed to comply with state safety requirements. In California, for instance, pool owners must maintain safety latches, alarms, and enclosures.
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If a drowning occurs in a public swimming pool, the owner or operator may be held liable. As a result of California's "Respondeat Superior" laws, employers can be held vicariously liable for their employee's negligence. This includes lifeguards. However, staff tends not to be as wealthy as owners.
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An operator of a vessel may be responsible for the death of a victim who falls overboard. The boat may have been driven while under the influence of alcohol or no life jackets were provided. An adult who was looking after a child when he/she drowned could be sued. There is no difference whether the drowning occurred at a beach, in a lake, or in a bathtub.
Wrongful Death Cases
Death often results from drowning accidents. If the at-fault parties are found liable, victims' families may file a wrongful death lawsuit. Survivors of a deceased spouse or domestic partner; children, grandchildren; and anyone else entitled to inherit the decedent's property can file a wrongful death suit.
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It is common for drowning victims to survive but become vegetative. Victims with power of attorney may sue on their behalf. Among these may be the victim's spouse, closest relative, or another legal representative he or she had previously designated.
Negligence
Plaintiffs must prove negligence by demonstrating that the defendant had a duty of care to them, that the defendant breached the duty of care through negligence, and that the defendant's negligence contributed substantially to the injury or death.
There are numerous examples of negligence in drowning lawsuits, including the failure to supervise children near a koi pond, the absence of a lifeguard on duty, or the absence of a daycare provider leaving children alone in a kiddie pool.
Premises Liability
Liability for premises is a form of negligence. Owners and managers of property are liable for accidents that occur on their premises. Whether they were present or not does not matter.
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It is typically required that a plaintiff prove that the defendant owned, occupied, or controlled the property; that the defendant used or maintained the property negligently; that the plaintiff was injured; and that the defendant's negligence was a substantial factor in causing the plaintiff's injury. If an unprotected swimming pool was present at the time of the drowning accident, the owner may be liable. The property owner may also be responsible if there are hidden wells on their property.
Wrongful death
In the event of a drowning death, a wrongful death claim may be filed by the victim's family. In this case, the family must prove three things: the victim ("decedent") died; the defendant caused the death by negligence or intent to harm; the family is suffering monetary loss as a result of the death, and a personal representative is appointed to the decedent's estate.
A wrongful death lawsuit can be filed with a "survival" cause of action in California. The estate of the deceased brings the suit. Victims are compensated for their losses.
Compensatory Damages
Victims of drowning accidents can recover compensation for damages if their lawsuit is based on negligence. Medical bills, Counseling, Physical and occupational therapy, Lost wages, Lost earning capacity, Loss of consortium of a spouse or registered domestic partner, Scarring and permanent disfigurement, and Pain and suffering are included.
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In wrongful death lawsuits, damages can include funeral and burial expenses, financial compensation for loss of companionship and support, and financial damages for funeral and burial expenses. The court may also award punitive damages in extreme cases. Generally, it must be shown that a defendant's conduct was extreme or outrageous.
Liability Waivers
A liability waiver signed by a child (under 18) may not be enforceable. The signature must be signed by a parent or legal guardian. It is still possible the waiver does not cover the accident, even if it was legal. Depending on the waiver language and the circumstances of the drowning, everything will be decided. A lawyer can help the victim determine whether the waiver is valid or how to contest it.
Homeowner Insurance
Potentially. The terms and limitations of the policy will determine this. Insurance companies are usually not willing to honor their policies. However, victims' attorneys can take the insurance companies to court.
Defendant’s Defenses
Accidents involving drowning often have no identifiable cause which is the most common defense for defendants. In addition to assumption of risk and no duty of care, the victim may have been partly responsible or waived his or her rights.
Assumption of the Risk
By assuming the risk, the victim becomes liable for injuries. A defendant can argue that the drowning victim "assumed the risk" of drowning in a drowning accident lawsuit. A drowning risk exists whenever we go near water or in the water.
No Duty of Care
In general, homeowners owe a duty of care to visitors. The duty of care varies depending on the type of visitor. Among these are Invitees (such as handymen), Licencees (such as friends), and Trespassers (such as burglars). Property owners have a duty only not to create dangerous conditions for trespassers. Trespassers may not be able to recover damages if they are injured on someone's property. Trespassing-related injuries may still be recoverable for children. In most cases, this occurs when there is a dangerous nuisance on the property. Having an unfenced swimming pool is an example.
Partial Responsibility
Several parties may have contributed to the drowning. Victims themselves are sometimes responsible for drownings. However, property owners may still be held liable. The "comparative fault" law of California, for example, allows juries to allocate blame and damages among the various parties involved.
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Swimming, Rafting, Scuba diving, Surfing, Boating, and Jetskiing may require a liability waiver. A waiver is usually enforceable as a contract. The waivers, however, typically only provide protection from "ordinary negligence" suits. Litigations based on recklessness, gross negligence or intentional harm are not typically covered by these policies.
Common Accidents
In the United States, nearly ten people drown every day. Young children account for approximately 15% of all drownings. The highest drowning rates are among males, minorities, and children under four. No matter how much water is present, drowning can occur. Ponds, reservoirs, and hot tubs are all places where it can happen. Two inches of water is all it takes for a child to drown.
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Not every drowning victim dies. Some drowning victims are permanently disabled. Brain damage caused by oxygen deprivation can result in learning disabilities, a permanent vegetative state, memory problems, loss of basic functioning, seizures, traumatic brain injury, and paralysis. Swimming, Rafting, Scuba diving, Surfing, Boating, and Jetskiing may require a liability waiver. A waiver is usually enforceable as a contract. The waivers, however, typically only provide protection from "ordinary negligence" suits. Litigations based on recklessness, gross negligence or intentional harm are not typically covered by these policies.