Drowning lawyer David P. Willis is honored to help drowning accident victims. Nearly 3,000 drowning casualties occur in the United States each year. It ranks number five in the leading causes of accidental deaths in the America. Accidental drowning is a heartbreaking incident, and while the legal repercussions are not the most essential factor to consider while dealing with this tragedy, it is critical to grasp this part of your position.
When compared to the hospitalization incidence of only 6% for all other accidental injuries, almost 50% of submersion victims seen in emergency departments require hospitalization or transfer for additional care. These nonfatal drowning injuries can result in significant brain damage, which can lead to long-term disorders like memory issues, learning disabilities, and irreversible loss of fundamental functioning.
Drowning is a common reason for death for children under the age of four, and fatal near-drowning and drowning incidents frequently occur in private or public swimming pools. If a loved one was brain damaged or killed in a drowning accident, you should consult with a drowning attorney to help you with your legal case. An experienced drowning lawyer should handle the legal issues of many drowning situations.
When a victim of one of these accidents survives, their lives are usually altered for the rest of their life, since underwater accidents typically result in brain damage as a result of the incident’s lack of oxygen. Many of these incidents are the result of negligence, and in such cases, you should contact a drowning accident lawyer to handle your claim or lawsuit.
Who is liable for a drowning accident?
The most challenging aspect of a drowning accident lawsuit is determining and establishing blame. While you may think that a certain party should be held accountable, you must have good evidence and law to back up your opinion. That is why having an experienced drowning attorney on your side may be so important during this time. Through diligent research, a lawyer can not only identify at-fault parties but also show their culpability.
In a drowning accident, the following persons may be at fault:
- Apartment complexes
- Hotels with Recreational Centers
- Neighborhood Organizations
- Lifeguards and Pool Workers
- Companies that manage swimmers
- Governmental authorities for lakes and rivers
- Private Property Owners
- Non-Profit Organizations
- Waterpark Operators
Proving the culpability of any of these parties can be difficult, especially when the case includes non-profit organizations, public facilities, and other items that may be protected by state, federal, or other legislation. You will need a qualified legal representative on your side who understands these many regulations and statutes and can foresee any potential issues with your claim.
When people learn that a kid has drowned, they frequently point the fault at the parents. It is simple to blame poor parenting, but the problem is considerably more complex. Many drowning occurrences feature distraught parents who just looked away for seconds, confident their kid was inside the home or kept a close eye on them while they swam, only to discover their child injured due to a deadly flaw.
When a situation looks safe we may mistakenly relax our protection over time. This is especially true for families that have access to a swimming pool in their yard or have placed their children in a swimming pool.
Identifying Negligence in a Drowning Accident
Negligence may manifest itself in a variety of ways. Perhaps structural or mechanical concerns were to blame—the space lacked sufficient emergency equipment, gates or locks were malfunctioning, or the design of the area was bad. Human mistake is at fault in other cases. The area was congested, the personnel was unskilled, or the Certified Pool Operator Standards were not satisfied. Lifeguards might have been preoccupied, inexperienced, or under-trained. Whatever happened, our attorneys can investigate it and fight for you.
If a lifeguard fails to pay attention to swimmers and someone drowns while under their watch, both the lifeguard and the owner of the facilities may be punished with negligence. Other causes may also play a role in drowning incidents. Suction drowning has been reported as a result of faulty filters. The victim may be pulled underwater with their hair stuck in the filter and drowned before anybody sees or attempts to release them. In these cases, the producer of the faulty filter might be held accountable.
A parent, guardian, or babysitter, for example, may walk away from a child while they are swimming. If an experienced swimmer is not there to supervise an unaccompanied child, they are at a high danger of drowning. Horseplay or running might result in serious accidents. If one individual is knocked out or forced into the deep end when they do not have great swimming ability, the consequences can be devastating.
When someone starts drowning, he or she must be saved within 20 to 60 seconds. As long as the body can stay upright in the water. Young children may struggle for much less time until their bodies give out and an emergency rescue is necessary. Drowning is sometimes a sad accident, but other times, inadequate monitoring by child care providers, a lack of lifeguards, or other types of carelessness cause fatal consequences.
Filing a lawsuit for drowning accident
Other people are at risk if safety standards are not followed, and the legal action you take might bring about change and save future deaths. When a claim for damages is successful, it can allow your family to move on without financial burden, as well as compensate for the expenditures associated with the death of a loved one. If the deadly tragedy occurred while on a boat, it is also vital to obtain justice and be financially compensated for the negligent behavior of the guilty party.
What are the causes of drowning accidents?
- Untrained personnel/lifeguards
- Area is overcrowded
- Failure to develop a preventative strategy
- Emergency equipment that is broken or missing
- Water clarity is poor.
- Gates or locks that are defective
- Failure to fulfill industry requirements
- Equipment or design flaws
- There was no monitoring or lifeguards on duty.
- Failure to put up barriers or fences
How can a drowning lawyer help me in my case?
One of the first things you should do after a drowning catastrophe is contacting a drowning attorney you know you can rely on. An injury lawyer can answer your questions and assist you in taking the necessary steps. We are dedicated to defending the rights of the wounded and bereaved families suffering from drowning accidents. We are fighting for justice. Many drownings happen in public settings, such as hotels, water parks, and summer camps. Ensuring that individuals responsible are held accountable for their actions pushes greater safety measures, sparing others from similar agony and averting drowning incidents in the future.
What documentation does my drowning lawyer need in my case?
- Photographs of the body of water where the drowning happened
- First-responder information / police reports
- Attendant lifeguards’ work schedules, if applicable
- Interviews with family members, bystanders, or individuals present at the time of the accident
- Results of a safety and surveillance assessment, including a reading of water clarity
- Information about prior drowning incidents that happened at the site
- Expert witnesses’ testimony, including aquatic experts
- If appropriate, information regarding the training obtained by lifeguards.
What causes swimming accidents?
Humans do not have an inherent instinct for surviving in water. We need to learn to swim. The majority of drownings are caused by a lack of sufficient care or supervision, especially when children are involved. Children account for more than half of the world’s 1.2 million drowning deaths. One-third of these children drown in or near their homes. Negligent supervision and a lack of fencing or other barriers surrounding swimming pools are the major causes of child drownings. Drowning in adults has been connected to alcohol usage, boating and other watercraft accidents, and even natural calamities.
What about secondary drowning?
Secondary drowning is another risk in drowning incidents. When water is breathed into the lungs after swimming. This breathed water can cause irritation and inflammation, making breathing difficult. In an attempt to help, the body may pump fluids from other parts of the body into the lungs, exacerbating the problem. Secondary drowning can cause cardiac arrest or death and can occur anywhere from a few minutes to a few days after water first enters the lungs. Secondary drowning can occur even if a person did not experience a near-drowning event and just breathed water while swimming.
Who is to blame for drowning accidents?
A drowning or near-drowning disaster can result in legal action against a variety of persons and businesses. It might be a lifeguard or another person in charge of keeping an eye on a body of water. It might be the owner of the property where the pool or other body of water was found. It might be the manufacturer of a faulty filter, drain, or another pool component. It will require a thorough investigation and study of the facts, witness testimony, and other factors to decide responsibility. You must be certain that your attorney has the tools to determine and then establish who is to blame for your injuries or loss.
What are your results in drowning accident cases?
$4,250,000 Swimming Pool / Waterpark Wave Pool Brain Damage
A thirteen-year-old girl in a church group was spending the day at a Houston, Texas waterpark. She took her inner tube to join her friends in the wave pool. She was swept from her tube and found nearly five minutes later by another guest. She suffered severe anoxic brain damage after she was revived. Personal injury trial lawyer David Willis filed a lawsuit against the wave pool designer, equipment maker, tube manufacturer, and the local wave pool operator. They settled for $4.25 million in a hard-fought lawsuit. Expenses $41,356, Attorneys’ Fees $1.47 Million, Net to Clients $2,738,644
Drowning Accident Lawyer
Drowning accident attorney David P. Willis is board certified as a personal injury trial law specialist. Although he is based in Houston, Texas, he has helped clients nationwide who have been victims of drowning or death. We’ve put in a lot of effort to get the best results for our clients, and we’ll do the same for you and your loved ones. Call us at 713-654-4040 or 1-800-883-9858.