Nothing beats a day at the swimming pool during the summer season. However, a fun summer outing can quickly turn catastrophic if the negligence of pool managers/supervisors or owners leads to a drowning or near-drowning accident. Such accidents are unfortunately very common and they often involve children. Statistics show that:
• Children are the primary victims of drowning accidents. More kids between the age of 1 and 4 die from drowning than any other type of accident.
• For kids age 1-14, drowning is the second leading cause of accidental injury.
• Drowning is the third leading cause of injury-related death in the world.
• Males are particularly at risk of drowning.
Common Causes of Drowning Accidents
Drowning accidents, especially the ones involving children, typically occur at swimming pools. These pools are generally found in water parks, country clubs, motels/hotels, apartment complexes, and backyards. Common causes of drowning accidents include, but are not limited to:
- Inadequate swimming skills
- Lack of appropriate barrier to a pool
- Lack of warning signs
- Poor maintenance
- Lack of appropriate supervision
- Inadequate or lack of training for lifeguards
- Lack of appropriate water safety equipment
- Unattended children
- Failure to recognize a drowning victim
Near-Drowning Injuries
Near-drowning occurs when an individual is submerged and cannot breathe for a specific period of time. Some of the common injuries/conditions that occur from such an accident include the following:
- Hypothermia
- Brain edema
- Respiratory failure
- Pneumonia
- Seizures
- Cognitive and learning disabilities
- Acute Respiratory Distress Syndrome
- Hypoxic brain injuries
- Permanent vegetative state
Who is Responsible for a Drowning/Near-Drowning Accident?
The party responsible for a drowning/near-drowning accident is usually the person or entity whose negligence led to the incident. Negligence in such an incident can be hard to determine and the responsible party not always easily identified, that’s why it is important to seek professional legal advice and hire competent counsel when filing a claim. A potential liable party may be one of the following:
- Homeowner or entity responsible for the maintenance, operation or supervision of a private pool
- Owner of a commercial pool
- Municipality responsible for the supervision and operation of a public pool
- Distributor or manufacturer of defective safety equipment
- Boat operator or distributor or manufacturer of a defective boat part
Seeking Compensation
If you or your loved one suffered an injury in a near-drowning accident or you lost someone by drowning, you may be able to seek compensation. An experienced premises liability attorney can help you by thoroughly investigating the case and determining the party responsible for your damages. Compensation for damages resulting from drowning/near-drowning accidents may include the following:
- Lost income and diminished future earning capacity
- Loss of consortium
- Past and future medical costs
- Pain, suffering and inconvenience
- Punitive damages (if appropriate)
- Wrong death damages (this generally includes loss of financial support)
Hilton & Somer, LLC: Virginia, Maryland & Washington, D.C. Premises Liability Attorneys
To get started, contact one of our expert attorneys at Hilton & Somer, LLC. We will guide you through the process of filing such a claim. We will use our knowledge and expertise to make sure that you receive the maximum compensation you deserve. Get in touch with us today at (703) 560-0700 for a free consultation. We serve Virginia, Maryland, and the District of Columbia.
References
