Drowning accidents are among the most devastating and horrible accidents that can occur. These accidents can be both fatal or non-fatal and the non-fatal drowning accidents can still lead to serious side effects that can stay with the victim for the rest of their lives.
These accidents can occur in many different places such as pools, beaches, or even backyards and even if they do not result in a fatality, the damages can be severe. Drowning accidents can also be the result of physical injuries like broken bones or a traumatic brain injury.
However, if you feel you or a loved one was a victim of a drowning accident due to another party’s negligence it is possible to take legal action. This article will tell you about what it means to be negligible in a drowning accident, who could be held liable, and what kind of legal action you should take when faced with injuries resulting from a drowning accident.
Negligence Involving Drowning Accidents
For many personal injury cases involving drowning accidents, the victims or their families will claim the party at fault was negligent and that negligence was what caused the accident. A few ways you could prove negligence in a drowning accident are:
- Not locking a pool’s gate or other barrier
- Removing hazards from the swimming area so it is safe
- Keeping the correct water and chemical levels to make it safe to swim
- Insufficient or a lack of a warning of any safety hazards that are present in the swimming area
- Insufficient training of staff whose job it is to keep the pool safe
If you believe any of these instances were a result of you or a loved one’s drowning accident, you should contact an attorney to explore what kind of compensation you can receive from a personal injury claim.
Product Liability And Drowning Accidents
When it comes to drowning accidents around pools, product liability will sometimes come into play. There are many different things that can go wrong in a pool that can cause unsafe swimming conditions and a few examples of potential defective products are:
Defective pool drains or pumps can sometimes trap a person underwater when their hair or suit gets sucked into the drain. Jarring a person loose from a defective pool drain can involve having to cut their hair or remove their suit. Even then, the person could suffer from near-drowning before they are noticed or even die.
If a pool filter is defective, it could make for unsafe water to swim in or possibly shoot out dangerous material from it due to the compressed air in the filter. Both of these can easily hurt someone enough to hinder their ability to swim and cause drowning.
Pool accessories can be anything from slides, diving boards, or ladders. These can easily become defective and break after being used over a long period of time. It is up to the owner to maintain these accessories and the manufacturer to ensure the risks of using these accessories are known to swimmers.
Life jackets and emergency alarms are just a couple examples of the various safety equipment typically kept around swimming areas. If any of these pieces of equipment are defective they can easily turn a situation that would normally be a rescue into something much worse. It is necessary that the manufacturer ensures the safety equipment is fully operational when needed.
Most of these examples of product liability fall on the manufacturer of the product but the owner of these products could also be liable if they did not properly maintain this product. Once the owner of the swimming area becomes involved, drowning accident cases tend to fall more under the premises liability umbrella.
Premises Liability And Drowning Accidents
Most swimming areas (particularly pools and spas) are on a privately owned premises that the owners have a duty to maintain a safe environment to swim in. If there are any risks involved in the premises, there must be proper warnings in place that let people know they could be injured using their swimming area.
If you or a loved one were injured in a drowning accident that was the result of the owner being negligent in maintaining their duty to keep a safe swimming environment, you should contact a lawyer as soon as possible to build a premises liability lawsuit.
Also, adult swimmers are much more responsible for their own safety than children. If your child was injured in a pool accident, they are not expected to process all the warnings and risks that can happen in a swimming area.
If the premises allows children to freely come in without proper supervision (i.e. a lifeguard) they could be held liable for any injuries or drowning accidents that occur to a child even if there were posted warnings.
Premises liability can be tricky to figure out however, you will need to prove that the owner of the premises was not only negligent, but also that negligence was a direct cause of the injury that occurred. Any witnesses or specific details of the state of the premises can greatly help in building a personal injury case for a drowning accident.
Contact Trusted Lawyers for Drowning Accidents
Drowning accidents can result in some of the most severe and unthinkable outcomes that can result in injuries that can never be repaired. However, if you feel this accident was due to someone else’s negligence, you do not have to fight for justice alone.
Law Leaders is a legal organization that has a team of expert attorneys that have fought for injured Americans of all kinds and can help with injuries from drowning accidents as well. The Law Leaders team is committed and experienced in personal injury claims and are available to help you build a strong case and get the compensation you need.
Contact Law Leaders today for more information on how they can help you achieve compensation for your injuries!