Drowning accidents are much more common than most people realize, and they can happen in the most mundane settings: backyard swimming pools, hot tubs, water parks, and other everyday water hazards. Young children are especially vulnerable and when these drowning incidents happen, they can cause immense pain and suffering for families.
- Every day, approximately 10 people die from drowning in the United States. Of these, two are children under age 14.
- Drowning ranks fifth among the leading causes of unintentional deaths in the United States for all age groups and second among children between the ages of 1 and 14.
- For every child who dies from drowning, another five receive emergency department care for nonfatal drowning or submersion injuries.
- More than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care. These nonfatal drowning injuries can cause severe brain damage and lead to memory problems, learning disabilities, and permanent loss of basic function.
Despite these alarming figures, many pool owners fail to take simple, life-saving safety measures. If your child or loved one has drowned or suffered a swimming-related injury due to someone else’s negligence — for example, if a pool owner failed to properly hire and train lifeguards or adequately lock or restrict access to the pool — then you may be entitled to compensation for your family’s monetary losses as well as your pain and suffering. The attorneys at Perry Charnoff are here to help you seek justice and hold negligent parties responsible through the legal process.
Negligence and Drowning
If a pool or property owner’s negligent behavior caused your loved one’s injury or death, your family may be entitled to compensation through a personal injury or wrongful death claim. Examples of such negligent behavior include:
- Failure to adequately secure pools: The law requires that swimming pool owners secure their pools with a locking gate or other barrier that will deter young children from entering the pool area without supervision. If the pool owner fails to adequately secure their property, they may be liable for any drowning deaths that occur as a result.
- Failure to properly maintain pools: Swimming pool owners are responsible under the law for keeping their pools properly maintained and free from hazards. This includes installing safe drains and drain covers, making sure that lights and other electrical components are grounded and working correctly, and any other maintenance required to make sure that the pool is hazard-free. Pool owners who fail to meet these obligations may be held liable for any injuries that result.
- Failure to post warnings and properly train staff: Pool owners must take steps to warn swimmers and supervising parents about any hazards or dangerous conditions that could lead to drowning or injury. They are also responsible for hiring and training any staff members needed to make sure that the facility is safe. Owners who fail to meet these obligations may face legal action if harm results from their negligence.
These are just a few examples of negligent actions that could lead to a catastrophic injury or wrongful death claim related to a swimming pool accident or drowning incident. To find out whether the specific circumstances of your case could lead to a valid claim, contact the attorneys at Perry Charnoff today.
Perry Charnoff PLLC
If you or someone you know has been injured or lost a loved one in a swimming pool accident, the attorneys at Perry Charnoff are ready to handle your case with respect and compassion. As dedicated trial attorneys, we won’t hesitate to fight aggressively for justice on your loved one’s behalf. We offer free consultations, and our contingent fee policy guarantees that you will not pay any attorney fees unless we achieve a recovery in your case. Please call us today at (703) 291-6650 or complete the form on this page to learn more.
Unintentional drowning: Get the facts. (2016, April 28). Centers for Disease Control and Prevention. Retrieved from http://www.cdc.gov/homeandrecreationalsafety/water-safety/waterinjuries-factsheet.html