Aurora Drowning Accident LawyersLast updated on: June 21, 2022
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Drownings can be extremely disconcerting and heartbreaking. The reason they are so tragic is that they are highly preventable and are usually the result of someone’s failure to act. When your family member is the victim of a drowning accident, our Aurora drowning accident lawyers are here for you. To learn more about your potential claim, contact us at (800) 863-5312 for a 100% free case evaluation.
An experienced Aurora drowning accident lawyer from Zinda Law Group can help you pursue maximum compensation after an accident. Give us a call to see how we can help you today.
How often do drownings in aurora occur?
A study conducted by the U.S. Centers for Disease Control and Prevention (CDC) shows that more than 3,500 fatal drownings occur in the U.S. per year. That means that about 10 fatal drownings occur per day, making drowning a top-five cause of unintentional death in the United States. Drownings do not always result in death. The total number of drownings that occur each year is closer to 12,000 with roughly 8,000 non-fatal drownings.
Additionally, more than 40% of drowning victims are treated by emergency medical teams and require hospitalization or transfer for further care..
Just this year, there have been several well-known drowning incidents in Colorado.. In May, a 29-year-old man was found in the Cheek Creek Reservoir after he fell off a tube that was being pulled behind a boat. This incident marked the second drowning in Colorado in 2022.
Why do Drowning Accidents occur?
A drowning accident can occur for a number of reasons. Drowning accidents typically occur because of a lack of supervision, a failure to provide lifeguards, and a lack of maintenance fencing or controlled access systems. Importantly, most drowning victims are small children.
Unfortunately, people often do things or fail to do things that result in injuries. Importantly, drowning accidents can occur anywhere.. Whether it be at a hotel swimming pool, apartment complex, resort, or even someone’s backyard, there is always the potential for someone to drown. The most common causes of drowning-related accidents involve:
- Improperly trained lifeguards
- Missing emergency equipment
- Lack of compliance with industry safety laws
- Failures to control access to the deep regions of the water
Regardless of what caused the drowning accident, we are here for drowning accident victims. When someone neglects their duty of care, they should be held accountable. If you or your loved one was involved in a drowning accident, you deserve to know your options following an accident.
Why Children are more likely to be involved in drowning accidents
If you watch the news, you are probably aware of children being lost in drowning accidents. Most drowning accidents are preventable, but children need close supervision to prevent danger and harm. Despite the risks that children pose to themselves, people still leave them unattended.
Children between the ages of one and four are at the greatest risk of drowning, and most of those children drown in swimming pools. That’s because many children of the same age can’t swim or are weak swimmers. This is one reason why many parents enroll their children in swimming lessons at a young age.
Usually, it is a lack of supervision or the lack of pool barriers that are the root cause of child drownings. Drowning can happen quickly and quietly, especially when it involves small children. Gates that separate the pool from the house can help prevent drowning accidents. In fact, Colorado law requires outdoor pools to be blocked by fences and other barriers.
Adults, Alcohol, and Drowning
While many drowning accidents involve children, adults are also susceptible to drowning risks. Unlike child drownings, accidents involving adults are much less likely to be a result of their inability to swim. More commonly, adult drowning accidents involve the consumption of alcohol.
Alcohol is often associated with recreational aquatic activities including boating, jet skiing, and swimming. However, the consumption of alcohol also increases the risk of drowning. According to one specific study, in deaths associated with recreational water activities, 30% – 70% of persons who drown have alcohol in their bloodstream. In fact, almost half of drowning deaths are linked to drinking.
Who is liable for an unintentional drowning ACCIDENT?
Not all cases have a direct causation link between the act leading to the accident and the drowning itself. In accidents that occur on private property, someone may be held liable who is not immediately connected to the accident. After an unintentional drowning accident, the parties that may be held liable include:
- The property owner
- Management companies
- Homeowners association
In determining whether to award damages on a theory of premises liability, the court will consider three factors. First, what the party’s status was at the time of the injury; second, the duty owed to the injured; and third, whether the owner breached a duty.
Injured Party’s Status
The injured party’s status describes the relationship the victim had with the owner of the premises. Under the law, the standard of care owed a visitor depends on whether the visitor was an invitee, a licensee, or a trespasser. This tripartite framework governs injuries caused by unsafe conditions on privately owned property.
Duty refers to the owner’s responsibility to the people on their property. In general, people are responsible for taking care of themselves, but in some instances, it is the lack of ordinary care that causes an accident. In other words, a property owner or manager can be held liable for an injury that could have been avoided if not for the failure to take reasonable precautions. However, if a person goes as far as bringing an injury upon themselves, then the owner of the property is less likely to be held liable.
For a defendant to have breached a duty, one must have been actually owed a duty to the victim. For example, there is no duty to prevent harm that is self-inflicted. To a large degree, the breach analysis relies on the foreseeability of the accident occurring and the court’s desire to prevent future harm.
What if the victim could have been saved?
In general, there is no duty to assist, rescue, or protect. However, where such a duty has been found, it depends on the existence of a special relationship. In accordance with this principle, that person is not obliged to render assistance, except when a special relationship exists between the actor and the other which gives the other the right to protection.
The types of special relationships giving rise to a duty to warn include those where a person has custody of another person. Under this rule, you must prove that the injured victim was particularly vulnerable and that they lacked the ability to protect themselves. In some circumstances, actual knowledge of dangerous conditions gives rise to the duty to do something about the condition.
Furthermore, moral obligations may rise to the level of a legal duty. A moral obligation could impose a legal duty if:
- The relationship between the two parties imposes an affirmative duty to assist
- The plaintiff has voluntarily promised or chose to provide aid
- The plaintiff exposed the defendant to harm or its potential
The court wants to protect people from drowning by highlighting the consequences of neglecting moral duties. At Zinda Law Group, our personal injury attorneys in Aurora will work to hold the proper parties accountable for their negligent actions in order to help you recover.
GET HELP FROM a Personal Injury Attorney in Aurora Now
At Zinda Law Group, we have an experienced team of attorneys who are focused on protecting your rights and preparing your case after a drowning in Aurora occurs. An Aurora drowning accident lawyer from Zinda Law Group can help you and your family pursue maximum compensation for medical bills, property damage, lost income, pain and suffering, and much more.
A drowning in Aurora is always a notable and unfortunate event. We want to help you in your time of need. A lawyer with Zinda Law Group can work to seek compensation for your losses and hold negligent parties accountable. 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.