What is a Drowning Injury?
A drowning injury occurs when a person is submerged in water or another liquid and is unable to breathe, resulting in serious injury or death. While some drowning incidents lead to immediate fatalities, others result in long-term injuries, such as brain damage due to oxygen deprivation, even if the person survives. Drowning injuries can happen in a variety of settings, including pools, lakes, oceans, bathtubs, and even the workplace.
If you or a loved one has suffered a drowning injury due to negligence or unsafe conditions, you may have the right to pursue compensation. At Schnepper Law, we are committed to helping drowning victims and their families recover damages for medical expenses, pain and suffering, and other related costs.
Common Causes of Drowning Injuries
Drowning can be caused by a variety of circumstances, many of which may be preventable with proper care and precautions. Some common causes of drowning injuries include:
Negligence at Public Pools
Poor supervision, inadequate safety measures, lack of lifeguards, or faulty pool equipment can all contribute to drownings at public or private pools.
Boating Accidents
Collisions, capsizing, or falls from boats can result in individuals being submerged in water and drowning, often due to insufficient lifejackets or the lack of safety training.
Unsafe Swimming Areas
Swimming in unsafe locations such as open waters with strong currents, no lifeguards, or unmarked hazardous zones (e.g., sudden drop-offs) can increase the risk of drowning.
Defective Pool Equipment
Malfunctioning pool drains, diving boards, or other equipment can lead to dangerous situations in the water, leading to drowning incidents.
Alcohol & Drug Use
Drownings are more likely to occur when alcohol or drugs impair judgment, especially in recreational swimming, boating, or diving activities.
Lack of Pool Fencing or Barriers
In cases involving young children, inadequate barriers around pools or access points can lead to accidental drownings.
Negligent Supervision of Children
Failure to properly supervise children around water is a leading cause of preventable drownings, especially in pools or bathtubs.
Workplace Drownings
In industrial settings, exposure to unsafe water conditions or lack of proper training for working near bodies of water can lead to drowning accidents.
Types of Drowning Injuries
Drowning injuries can vary significantly in severity, and the long-term effects depend on the nature of the incident and how quickly medical intervention was received. Drowning injuries may be categorized into the following:
1. Near-Drowning:
This refers to cases where the person survives the drowning incident but sustains significant injury due to a lack of oxygen. Brain damage can occur, and survivors may suffer from physical or cognitive impairments.
2. Fatal Drowning:
Tragically, drowning is a leading cause of accidental death worldwide, especially for children under the age of five. In fatal drownings, immediate medical treatment is not sufficient to save the individual, and the person dies from oxygen deprivation.
3. Secondary Drowning (Delayed Drowning):
In some cases, individuals may experience symptoms of drowning hours or even days after the incident. This can occur when water remains in the lungs, causing difficulty breathing or fluid buildup, and leads to fatal complications if left untreated.
The Legal Process for Drowning Injury Claims
Drowning injury claims are typically based on negligence, which means someone failed to take reasonable steps to prevent harm. To successfully file a drowning injury claim, the following must generally be proven:
1
Duty of Care
The defendant (e.g., property owner, boat operator, lifeguard, or company) had a duty to ensure the safety of the individual in or around the water. For example, pool owners must maintain safe swimming environments, and boat operators must ensure passengers wear life jackets.
2
Breach of Duty
The defendant failed to meet the expected safety standards. This could be in the form of inadequate supervision, lack of safety equipment, improperly maintained swimming areas, or failure to follow safety protocols.
3
Causation
The breach of duty directly caused the drowning injury or fatality. For example, if a lifeguard was not present to monitor swimmers, and an individual drowned because of this lack of supervision, causation would be established.
4
Damages
The victim, or their family, experienced harm as a result of the drowning. Damages may include medical bills, pain and suffering, lost wages, emotional distress, funeral expenses, and other financial losses.
Types of Compensation in a Drowning Injury Case
If you or a loved one has suffered a drowning injury, you may be entitled to compensation for the following:
Medical Expenses:
Coverage for medical bills related to the drowning incident, including emergency care, hospital stays, rehabilitation, and any long-term treatment required for brain injuries, respiratory issues, or other complications.
Pain & Suffering:
Compensation for the physical pain, emotional distress, and mental anguish the victim endured, or for the emotional suffering experienced by family members in cases of fatal drownings.
Lost Wages:
Compensation for lost income if the victim is unable to work due to the injury or if a family member has to take time off to care for the injured person.
Permanent Disability:
If the victim suffers permanent impairment, such as brain damage, paralysis, or cognitive issues, they may be entitled to compensation for long-term care and lost earning potential.
Funeral/Burial Expenses:
In cases of fatal drowning, the surviving family members may be entitled to compensation for funeral costs, burial expenses, and other end-of-life expenses.
Punitive Damages:
If the drowning occurred due to gross negligence, recklessness, or intentional misconduct (such as failing to warn swimmers of dangerous conditions), punitive damages may be awarded to punish the responsible party.
How Schnepper Law Can Help
At Schnepper Law, we understand the devastating effects of drowning accidents. Whether you are seeking justice for a drowning injury or pursuing compensation after a loved one’s tragic death, our compassionate and experienced attorneys are here to help.
We offer:
Thorough Investigation:
We will investigate the circumstances of the drowning incident to determine who is liable, whether it’s a property owner, boating company, or another responsible party. We work with experts to assess the cause of the accident and ensure your case is strong.
Aggressive Legal Representation:
We will advocate for you in negotiations with insurance companies, and if necessary, take your case to trial to ensure you receive the maximum compensation for your injuries or loss.
Personalized Legal Support:
We understand the emotional toll that drowning injuries or fatalities can have on victims and their families. We will support you throughout the legal process, making it as easy as possible for you to focus on your recovery.
Contingency Fee Basis:
We work on a contingency fee basis, meaning you pay nothing unless we win your case. Our goal is to help you recover financially without adding to your stress.
Steps to Take After a Drowning Injury
If you or a loved one has been involved in a drowning incident, consider taking these crucial steps:
1
Seek Medical Attention
Even if the victim appears to recover quickly, they should always seek immediate medical attention to rule out complications such as secondary drowning or brain injury due to oxygen deprivation.
2
Document the Incident
Take note of the location, the conditions at the scene, and any individuals involved (e.g., lifeguards, boat operators). If possible, take photographs of the area and the scene of the incident.
3
Preserve Evidence
Retain any relevant documents, including medical records, incident reports, or witness statements that could help support your case.
4
Contact an Experienced Attorney
Drowning injury cases require timely action to preserve evidence and ensure that you meet all legal deadlines. An experienced personal injury lawyer can help guide you through the legal process.
Statute of Limitations
Contact Us Today
If you or a loved one has been injured by a defective product, you may be entitled to compensation. At Schnepper Law, we have the knowledge, resources, and commitment to hold responsible parties accountable and help you recover damages.
Contact us today for a free consultation to learn more about your legal rights and options in a product liability case.