If you are here, it is likely that you or someone you know is in the midst of a terrible tragedy – an accidental drowning. Sadly, you are not alone. An average of 4000 drownings per year occur in the United States, according to the American Red Cross. Drowning is the top cause of death of children between the ages of 1 and 4, and the second leading cause of unintentional injury death among children between 5 and 14. Regardless of where the drowning happened–a public pool, a lake, or a friend’s private home–if someone else’s negligence caused the drowning, you are legally eligible to recover compensation.
When is Someone Else Liable for a Drowning?
Property owners have a duty to the public to keep their premises reasonably safe. Whether the property owner is a city or municipality, a private owner, or a homeowner, the duty is the same.
Property owners must be diligent in maintaining the proper function and safety of pool equipment, lighting, and surrounding areas. They must also clarify the rules for safe usage to their guests by posting signs to alert people of hazards and risks. When a breach of this duty occurs, it can lead to accidental drownings or near-drownings.
Drownings can occur under a variety of circumstances. If an inexperienced swimmer is allowed to swim without being tested, for example, the property owner may be considered negligent. If a swimmer dives in shallow water because there is no signage indicating that this is dangerous, the property owner may have failed in their duty. In other cases, equipment malfunctions of filters or suction outlets can suck a victim under, which places fault on both the manufacturer and the pool owner. Intoxication is another major cause of drowning accidents–in this case, too, multiple parties may be responsible: from bartenders to property owners to others.
As you can see, drowning cases are hard to navigate and fault is not always readily apparent. For this reason, you should consider calling us today to discuss your case with a New York drowning accident lawyer at no cost. Our knowledgeable and experienced team can guide your next steps.
What are the Consequences of Near Drownings?
Just because you or a loved one survived the drowning doesn’t mean the property owner cannot be held responsible. The World Health Organization (WHO) defines drowning as, “The process of experiencing respiratory impairment from submersion/immersion in liquid.” Fatal drowning occurs when the person cannot reach the surface and eventually suffocates due to lack of oxygen and water in the lungs.
Near drowning, on the other hand, occurs when a person is prevented from surfacing for a prolonged period, but reaches the surface before the situation becomes fatal. Even in near-drowning cases, if the person is unable to breathe for an extended period of time, they could suffer damage to their brain or lungs, hypothermia, or other accidents. Sometimes guests at a swimming pool drown after diving in shallow water and sustaining a spinal cord injury.
Regardless of whether a fatality has occurred, if negligence was the cause of the accident, you may have a case and could benefit from speaking with an attorney.
Who is Responsible for My Loved One’s Drowning Accident?
Identifying who is at fault for a drowning accident can be tricky: these cases are often caused by the negligence of multiple parties. To determine fault, the victim or their family (often with the help of an attorney) must determine the following:
- Who was responsible for maintaining the pool?
- Was the pool properly secured or supervised during the accident?
- Who owns the pool?
- Was the victim permitted to be in the pool?
A lack of permission to use the pool can create a legal gray area in the event that an adult or older child trespasses on another’s property and suffers injury. However, the law typically does not hold young children liable for their injury if the pool was easily accessed. A concept called “attractive nuisance” may apply to instances where a young child suffers an injury on an easily accessible and attractive property feature (pools, trampolines, etc.). The most common cause of unintentional drownings is negligent supervision and failure to prevent entry to the body of water.
Regardless of whether a body of water is guarded or unguarded, any time it is owned or controlled by another party, that party is responsible for maintaining its reasonable safety and is thereby liable for injuries stemming from negligence. Residential swimming pools installed after 2006 as well as public pools owned by cities or outside parties are required to have:
- A pool alarm to sound when a person enters the water
- A 4-foot or taller barrier to obstruct access
- Covers on suction outlets and drains to prevent entrapment
Malfunctions of any of these systems could make the manufacturer responsible; if incorrectly installed, the installation company could be considered liable. Additionally, if a lifeguard on duty fails to react to a struggling swimmer, they may become partially liable for the accident as well. As you can see, drowning cases can be complicated in terms of determining liability, so working with a New York drowning attorney is important to ensure that you receive the compensation you are entitled to, especially in cases of wrongful death.
How do I Determine What My Drowning Case is Worth?
After establishing fault, the victim or victim’s family must establish the extent of the damages suffered as a result of the accident. Again, an experienced New York drowning attorney can be immensely helpful in working out the correct amount you could be owed. Damages from a drowning or near drowning accident can include:
- Lost wages
- Medical expenses
- Funeral expenses
- Loss of earning capacity
- Permanent disability
Pain and suffering damages, while not commonly awarded, may apply if a close family member witnessed the drowning death and suffered emotional damage.
When Should I Contact a Drowning Accident Lawyer?
If your loved one nearly or completely drowned in a pool in New York because a property owner was negligent in keeping their premises safe, you may be entitled to financial recovery for your losses. Buttafuoco & Associates focus solely on personal injury cases, many of them involving children who drowned in public and private pools.
A significant number of drowning victims are children, and at Buttafuoco & Associates, we understand the suffering parents go through after losing or nearly losing their child. We provide free consultations to grieving families recovering from the loss or injury of a loved one.
Call us at 1-800-NOW-HURT to schedule your no-obligation consultation.
