Liability That Occurs When a Drowning Is Due to Negligence
Every year as the weather warms, many preventable accidental drownings are reported in Sacramento and the rest of Northern California. Families lose loved ones, parents lose children, and most people think it won’t happen to them until it’s too late. When you lose a loved one in a drowning caused by the negligence of another person or entity, our injury lawyers are here to help you hold them responsible and get you the compensation you deserve.
Drowning is Fast And Quiet
According to stopdrowningnow.org, a person can drown in as little as 20 seconds. In addition, it doesn’t happen the way most people think it does. Often, there is no flailing in the water and shouts for help. Drowning is often silent and fast.
The following statistics may surprise you:
- Family gatherings are where about 23 percent of children suffer accidental drownings.
- The leading cause of death in children 1-4 is drowning.
- Children between five and 17 years of age are more likely to die from accidental drownings in the ocean, a lake, or a pond.
- Between 2019 and 2020, boating accident fatalities increased in California by 25 percent.
Where Do Most Accidental Drownings Occur?
Anywhere water can be found, a drowning can occur. Locations where drownings occur include:
- Private swimming pools
- Community, gym or school swimming pools
- Rivers and lakes
- Boating accidents
- Hot tubs and spas
- Water parks
- State and national parks
Who Is Liable if Someone Drowns?
Liability in an accidental drowning caused by negligence depends on the location and how the accident happened. The following may apply:
- In a drowning in a private pool at a friend or acquaintance’s home, the owner of the property may be liable.
- In public pools, the owner of the establishment may be liable, as may the city if it is operated by the town.
- A drowning at a school swimming pool can lead to a premises liability claim.
- Boating accidents are often caused by drinking and careless behavior, in which the operator of the boat can be held liable.
- In water parks, the owner may be held responsible for accidental drownings.
- When accidental drownings occur in state or federal parks, the government entity in charge may be held liable. However, those who suffer the loss of a loved one in California have only six months in which to file a claim against a government entity. Having help from an injury lawyer can ensure timelines are met, and paperwork is completed correctly. If the claim isn’t filed before the statute of limitation expires, the case will not be heard in court.
Recovering Compensation in an Accidental Drowning Case
When you’ve lost a loved one in a drowning accident, our injury lawyers can collect the evidence needed to support your claim. In this way, your family can recover damages by filing for wrongful death. The lawyers will investigate whether negligence by a person was the cause or whether it was due to a lack of safety features, appropriate supervision, negligent boaters and other areas. By filing a wrongful death claim, the family members can hold the at-fault party responsible and hopefully obtain a measure of justice for their terrible loss.
Sacramento Swimming Pool & Accidental Drowning Attorney
I am Ed Smith, and I am a Sacramento swimming pool accident lawyer. When you’ve lost a loved one in an accidental drowning accident, your family may be able to recover compensation. Of course, doing so will not alleviate your pain and sense of loss. However, it can hold the at-fault party responsible for their actions.
Contact us for free and friendly advice at (916) 921-6400. We can arrange a free consultation with one of our injury lawyers, either in-person or online, to review your case and let you know what options are available to recover damages. We can be reached online also.
Our injury lawyers have assisted many Northern Californians in obtaining the compensation they deserve, as you can see on the links below:
Photo attribution: Image by Pexels from Pixabay
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