Drowning accidents occur when a person gets submerged underwater and becomes unable to resurface or recover for air. This generally results in death or very serious injury. Technically, drowning is defined as respiratory injury from being in a liquid, though it typically implies a fatal outcome. There are a high number of drowning incidents every year. Drowning can occur in relation to various activities, such as:
- Swimming pool activities
- Boating activities and related activities like water skiing
- Water parks
- Youth sports
- School sports
- Extreme sport activities
- Various other recreational functions
Various factors can contribute to drowning, such as an injury or leg cramp, the inability to swim, or being pinned underwater.
Who Can be Held Liable for a Drowning Incident?
Depending on the facts of the circumstances, various parties can be held liable for a drowning incident. For instance, the owner of a home may sometimes be held liable for incidents where a child has drowned in his or her pool. Or, water parks can be held liable for drowning incidents stemming from the negligence of a park worker.
Product liability is often a factor in many drowning cases. An example of this is where an above-ground swimming pool is constructed in a way that is defective, leading to a drowning incident. Warning label defects on certain water-related equipment (like diving gear) is also a common cause of liability for drowning.
Are There any Legal Remedies for a Drowning Incident?
Drowning incidents can involve a wide range of factors and parties, and each case will be different. Due to the wide range of possibilities for causation, legal assistance will likely be needed to resolve a claim. Drowning lawsuits typically result in a damages award. Wrongful death is usually a major issue, and the damages award typically goes to the plaintiff’s estate and survivors to compensate for various costs associated with the loss.
Do I Need a Lawyer for Assistance with a Drowning Lawsuit?
Drowning is a serious issue and may require legal action to fully address the circumstances of the incident. It may be in your personal interests to hire a personal injury lawyer in your area if you or a loved one of yours has been affected by a drowning incident. Your attorney can provide you with legal assistance and guidance to help you navigate the legal process. Also, if you need to appear in court your attorney can represent you during those times, and can provide legal research for any inquiries you may have.