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A drowning or near drowning accident can have devastating consequences. If negligence played a role, victims and their families may be able to pursue compensation through a personal injury or wrongful death claim.

How Do You Prove a Drowning Accident Claim?

Many drowning and near drowning accident claims are based on negligence, which means someone failed to use reasonable care under the circumstances. To establish negligence, it is generally necessary to show the following legal elements:

• Duty of care: The property owner or another party had a legal duty to keep people reasonably safe.
• Breach of duty: They failed to meet that duty by acting carelessly or failing to address a dangerous condition.
• Causation: Their actions or inaction caused the drowning or near-drowning accident.
• Damages: The victim suffered injuries, financial losses, or other harm.

If unsafe conditions on a property contributed to the accident, the claim may also involve premises liability.

Who Can Be Held Liable for a Drowning Accident?

Depending on the circumstances, liability may extend to one or more parties, including:

• Private homeowners
• Hotels and resorts
• Apartment complexes
• Public pools
• Water parks
• Property management companies
• Lifeguards
• Maintenance companies

Where Do Drowning Accidents Commonly Happen?

Drowning and near-drowning accidents can happen in many locations, including:

• Private swimming pools
• Apartment complex pools
• Hotel and resort pools
• Water parks
• Public swimming pools
• Lakes and rivers
• Community recreation centers

What Are the Duties of Property Owners?

Property owners and operators have a legal duty to help keep visitors reasonably safe around pools and other water hazards. This generally includes taking reasonable steps to identify potential hazards, address unsafe conditions, and help reduce the risk of preventable accidents.

Duties of Private Pool Owners

Homeowners with swimming pools have a legal duty to help keep guests and visitors safe. This may include:

• Providing a reasonably safe environment: Maintain the pool, surrounding areas, and safety equipment.
• Warning of hidden dangers: Warn guests about hazards that are not obvious.
• Protecting children: Under the attractive nuisance doctrine, homeowners may have a heightened duty to prevent children from accessing the pool without supervision, often through proper fencing and self-latching gates.

Duties of Public Pool Operators

Public pool operators may be responsible for:

• Hiring and properly training lifeguards
• Maintaining a safe facility and complying with applicable pool safety laws
• Posting clear rules and warnings about water depth and other hazards

When Can a Lifeguard Be Held Liable?

Lifeguards are expected to monitor swimmers and respond to emergencies. Negligence may include:

• Failure to actively scan the water
• Lack of proper training or certification
• Failure to respond promptly to a drowning or near-drowning emergency

What Injuries Can Result From a Drowning Accident?

Drowning and near-drowning accidents can cause life-changing injuries, including:

• Brain injuries from a lack of oxygen
• Permanent neurological damage
• Spinal cord injuries
• Broken bones and other traumatic injuries
• Respiratory complications
• Long-term cognitive impairments
• Fatal drowning

What Should You Do After a Drowning Accident?

Your priority should always be the health and safety of everyone involved. Once immediate medical needs have been addressed, the following steps may also help preserve important information: 

• Seek medical care immediately.
• Report the incident.
• Take photos and preserve evidence.
• Get witness contact information.
• Keep medical records and receipts.
• Speak with an attorney before accepting a settlement.

What Compensation Can You Recover After a Drowning Accident?

Depending on the facts of the case, compensation may include:

• Medical expenses: Emergency treatment, hospitalization, rehabilitation, and ongoing care.
• Lost income: Current and future lost earnings.
• Pain and suffering: Physical pain, emotional distress, and other non-economic losses.
• Wrongful death damages: Eligible family members may be able to recover compensation after a fatal drowning.

Why Choose Our Drowning Accident Lawyers?

After a drowning or near-drowning accident, you deserve answers and experienced legal guidance. Our attorneys thoroughly investigate every case, identify all potentially responsible parties, and work to hold negligent property owners and others accountable.

We know no amount of compensation can undo what happened, but it can help ease the financial burden and provide peace of mind for the future. You pay nothing unless we recover compensation on your behalf.

Frequently Asked Questions

How Long Do I Have to File a Drowning Accident Lawsuit?

In most cases, the law gives you two years to file a lawsuit, although exceptions may apply.

Can I File a Claim if My Child Was Injured in a Drowning Accident?

Yes. Parents or legal guardians may be able to pursue a claim on behalf of an injured child.

How Much Is a Drowning Accident Case Worth? 

Every case is different. Compensation depends on factors such as the severity of the injuries, medical expenses, lost income, and other damages.

Do I Need a Drowning Accident Lawyer? 

An experienced attorney can investigate the accident, identify liable parties, and help you pursue the compensation you may be entitled to recover.