Albuquerque Drowning Accident LawyersLast updated on: June 21, 2022
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Whether the accident occurs at a private residence, a resort pool, or in the open water, a drowning is a tragic event. Imagining the pain of the victim is truly gut-wrenching. To make it even worse, many families end up covering the expenses of the injury. If you find yourself in this position, our Albuquerque drowning accident lawyers are here to evaluate your case and can advise you on the potential of your legal claim.
Losing a loved one in a drowning accident is devastating, especially when it could have been prevented. The Zinda Law Group drowning accident attorneys are familiar with these cases and want to help you hold negligent parties accountable. If you have lost a loved one in a drowning accident, call Zinda Law Group at (800) 863-5312 for a 100% free consultation with an experienced personal injury lawyer near you.
Common causes of drowning in Albuquerque
According to the CDC, over 3,500 people drown per year in the United States. Still, the causes of drowning accidents in Albuquerque can vary. Here are the most common causes of Albuquerque drowning accidents:
Lack of Swimming Ability
The majority of drowning accidents occur because the victim has little to no experience swimming. Many untrained swimmers get in the water despite not having any proper swim training. That’s why swimming lessons can mean life or death for children around a body of water.
Lack of Barriers
A pool without poses a significant drowning risk. Even a four-sided fence separating the pool from the house reduces the risk of a child drowning by 83%. Importantly, New Mexico law requires fences around outdoor swimming pools to prevent drowning accidents.
Lack of Supervision
One of the most common causes of accident involving children is lack of adequate supervision. It is usually a lack of supervision that leads to children drowning. These accidents occur even when a supervisor is close by but may be distracted. For example, a child could drown in a bathtub or even a bucket of water if left unattended.
Not Wearing a Life Jacket
Wearing a life jacket is a simple life-saving choice to make. In 2018, the U.S. Coast Guard reported 633 deaths on our nation’s waterways. Of those deaths, 77% were due to drowning, and 84% of those who drown were not wearing life jackets. The U.S. Army Corps of Engineers reports that in the last ten years most fatalities occurred at lakes and rivers among 18-year-old men not wearing life jackets.
The CDC has also reported that one in every five boating deaths involves the consumption of alcohol. Alcohol significantly impairs your motor function, including your ability to swim. According to one specific study, in deaths associated with recreational water activities, 30% to 70% of persons who drown have alcohol in their bloodstream. Accordingly, moderate alcoholic beverage consumption before or during swimming, boating, or other water activities.
Injuries Associated with Drowning
While many accidents lead to unintentional death, some victims do survive drowning accidents. Unfortunately, , they may have suffered debilitating injuries and will need assistance moving forward. Among the injuries one could suffer from a drowning accident, these are some of the worst:
- Rapid exhaustion
- Cardiac arrhythmias
- Concomitant trauma
- Myocardial infarction
Non-fatal drowning injuries typically begin with a time of panic, loss of the normal breathing pattern, breath-holding, and the victim struggling. Eventually, the respiratory tract comes in contact with water, and hypoxemia sets in, affecting every organ in the body.
Why Children are more likely to be involved in drowning accidents
If you’ve been watching the news out of Albuquerque, you would have noticed some shocking stories over the last few years. Police have investigated several accidental drownings in the area, including two cases that involved a one-year-old and four-year-old child. These stories are tragic because the difference between life and death was adult supervision.
When a child is in someone’s custody, that person has the responsibility of caring for the child’s wellbeing. Drowning accidents can happen very quickly, and a lack of supervision of children around the water can be fatal.
Is there a duty to Assist, Rescue, or Warn?
In most jurisdictions, people can choose whether to assist a person in need. When examining the legal duty to provide reasonable care , courts will consider a lot of factors. For example, if the victim and the witness to the drowning had a special relationship, the witness is more likely to be held liable for failing to assist the victim.
What is Premises Liability?
The theory of premises liability is used in determining whether damages will be awarded in a personal injury case where someone was injured on the property of someone else. In determining fault based on premises liability, the courts analyze:
- The party’s status at the time of the injury
- The duty owed to the injured
- Whether the owner breached a duty
The first consideration is concerned with the relationship between the owner of the premises and the victim. Here, the court will discern whether the injured person was an invitee, a licensee, or a trespasser. When the status of the victim is invitee, they are more likely to have been owed a duty. If the victim was a trespasser, however, it is less likely that a duty was owed at the time of the accident.
The next factor is whether there was a duty owed to the injured. The general rule is that the premises owner only owes a visitor the duty to refrain from wanton or willful injury. But as applied, the proper test for the liability of a possessor of land is whether in the management of his property he has acted as a reasonable man would have acted. Of course, this determination considers the status of the victim as well.
Damages are the remedy for the harm suffered by the plaintiff. Two types of damages can be awarded to an injured plaintiff: compensatory damages and punitive damages. In most cases, plaintiffs are awarded only compensatory damages, but you may be able to recover punitive damages depending on the circumstances.
Compensatory damages are damages that the defendant pays the plaintiff for the harm suffered by the plaintiff. In most cases, the figure fairly and adequately compensates the plaintiff for the damage suffered and the likelihood of future suffering. In other words, the plaintiff is entitled to reasonable damages to compensate for past injuries and future suffering.
There are three main types of personal injury compensatory damages:
- Medical expenses
- Earnings Losses
- Pain and Suffering
The general purpose of compensatory damages is to place the injured party in the position that they were in before the accident. Compensatory damages account for things which are easily quantified, like medical bills, to more quantifiable things, such as pain and suffering.
Punitive damages apply where the money owed by the defendant is punishment for egregious conduct and is designed to prevent similar behavior in the future. Accordingly, punitive damages are only available in limited circumstances. In the context of drowning accidents, for example, a babysitter who leaves young children locked outside by the pool for a long period of time may be liable for punitive damages.
GET HELP FROM a Personal Injury Attorney In Albuquerque
A drowning accident is an unfortunate event no matter where it occurs. But, when a drowning accident occurs in Albuquerque, it’s important to know a personal injury lawyer near you whom you can call. Trust in the experienced attorneys at Zinda Law Group to protect your rights and prepare your case after a drowning in Albuquerque occurs. An Albuquerque drowning accident lawyer from our firm can help you and your family pursue maximum compensation for the damage caused. After an accident, you will likely need help covering the cost of ambulance rides, doctors’ appointments, and, in the worst of cases, funeral services.
In your time of need, a lawyer from Zinda Law Group can be there to help hold negligent parties accountable help you pursue the compensation you deserve. We believe so strongly in our lawyers that we offer a 100% free consultation and promise that you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your injury case. That is our No Win No Fee Guarantee.
Meetings with attorneys are available by appointment only.