Water Injury Lawyers: Drowning

Handling Cases Nationwide

            Summer is the season where children and adults alike seek refuge from sweltering heat by taking a plunge in a pool or body of water. But a lazy afternoon at the lake or beach or a fun-filled summer evening at the neighbors’ house can turn disastrous in an instant. A drowning can happen suddenly and with little warning: it only takes about two minutes for a submerged child to lose consciousness and four minutes for a submerged child to sustain permanent brain damage. While most drowning incidents occur in pools and hot tubs, a drowning can technically occur in any amount of water that is sufficient to cover a person’s mouth and nose.

Drowning Statistics

             Anyone is capable of drowning, including both children who do not know how to swim as well as adults who are too inebriated or impaired. Statistics show that:

• According to the Consumer Product Safety Commission, in Arizona, California, and Florida, drowning was the leading cause of accidental death in and around the home for children ages 5 years old and younger.
• Sixty-five percent of pool drownings and near-drownings involving children happened in pools owned by immediate family members, and thirty-three percent happened at a pool owned by a relative or close friend.
• Most children who drown or suffer another pool-related accidents were being supervised by at least one parent when the incident happened.
• Very few pool accident incidents and drownings occur as a result of a child trespassing onto another’s property.

Would I Need Compensation After a Drowning?

             If a loved one or child unexpectedly drowns, you and your family can be suddenly faced with expenses and losses that you may be ill-prepared to handle. Funeral and burial costs are just some of the more obvious losses:

• If the deceased was treated by emergency personnel or hospital staff before passing, you can be responsible for those expenses;
• If the deceased contributed income to the household, lost wages must be considered. In most every case, the expected future earnings of the deceased should also be considered;
• The mental pain and anguish you and the surviving family members suffered and the loss of the companionship of the deceased.

Is Someone Else at Fault for My Loved One’s Drowning?

            Determining if someone else is at fault for a drowning requires a careful investigation into the facts and circumstances of your particular case. Whether another person is at fault for the drowning will depend on:

• The location of the drowning (at a residential pool, at a public location, or somewhere else);
• If the drowning happened on private property, whether the drowning victim was trespassing;
• If the drowning occurred on private property, what steps the property owner took to either deter children from coming onto his or her property or to protect children from accessing the pool without adult supervision;
• If the drowning victim was an adult, any negligent or careless acts the victim did that contributed to the drowning (for example, it may be relevant whether an adult was intoxicated before he or she drowned in a lake).

Help for Your Wrongful Death by Drowning Lawsuit

             If a loved one or child has drowned, you are undoubtedly experiencing a terrible array of emotions during this time. Unfortunately, the law does not give surviving family members much time to grieve: if a drowning lawsuit is not filed quickly, surviving family members may be forever barred from seeking compensation they need. Speak with the caring and dedicated lawyers at Zinda Law Group as soon as possible. We will analyze your drowning lawsuit case and help you understand and protect your legal rights. Contact us today to discuss your case by calling (800) 863-5312.