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Wrongful Death Claims: Drowning Accidents

On behalf of Soloff & Zervanos, P.C. Posted in Wrongful Death on Tuesday, August 29, 2017.

Did your loved one die in a drowning accident? These tragedies often happen to children who might wander into a pool or a lake — and they can happen quickly, in a just a couple of minutes. They also happen to adults — perhaps as the result of a boating accident.

Following the death of a loved in a drowning accident, surviving family members will want to consider whether someone could be at fault for the accident.

General questions to ask after a drowning death

Did another person cause the drowning through a physical act of violence? Did another party’s negligence to put fencing around a pool — or negligence with regard to monitoring a child who was around a pool — result in the drowning?

Did a boat operator fail to take specific safety precautions? Was the boat operator drunk, or did another inebriated boater cause the accident?

When a boating accident leads to a drowning death

Water sports like jet skiing, waterskiing, wakeskating, fishing, boating for pleasure and other activities that involve boats create the opportunity for accidents and drowning deaths to occur. Perhaps recklessness, negligence or unlawful behavior — like speeding or drunken boating — on the part of another person or business leads to such an accident or death. In this case the wrongfully or negligently acting party could be financially liable for wrongful death damages.

When a swimming pool accident leads to a drowning death

Anyone who owns a spa or swimming pool must adhere to specific state and federal safety laws. For example, if a business owner is operating a public pool, he or she may need to have a lifeguard present. Also, laws require that some pools have appropriate drain covers to prevent people from getting stuck in the drains and drowning.

There are many other rules and regulations that the owners of public and private pools must follow. Failure to follow these rules — and failure to adhere to reasonable standards of common sense with regard to pool safety — could result in the owner of the pool being liable for damages.

Did your loved one die in a drowning incident?

If your loved one died in a drowning accident, you may want to explore your legal rights and options concerning the pursuit of a wrongful death claim. First, however, you’ll want to learn as much as you can about the legal aspects that may surround such a wrongful death suit by reading articles like this one.