Drowning Accident Lawyers
CALL ZINDA LAW GROUP AT (800) 863-5312 TO SPEAK WITH A DROWNING ACCIDENT LAWYER FOR FREE
Swimming is a great source of fun and a perfect way to beat the heat. However, swimming is also an inherently risky activity, particularly for young children and inexperienced swimmers. When a swimming-related accident occurs, the consequences can be severe. Drowning can lead to death or permanent brain injury.
A surprising number of people, including adults, are hurt or killed in drowning-related accidents each year. Listed below are several important statistics regarding drowning-related accidents in the Lone Star state.
- Each year, about 4,000 people die from drowning in the United States
- Drowning is the number one unintentional cause of death for children ages one to four, according to the CDC
- Seventy-seven percent of drowning deaths are children under the age of five
- Worldwide, drowning is the third leading cause of unintentional injury death
Read More: WHO Drowning Statistics
TYPES OF DROWNING ACCIDENTS
Fatal drownings and severe drowning-related accidents occur frequently occur in pools. Some of these accidents involve young children or toddlers falling in unintentionally. About 60% of drowning deaths among children occur in swimming pools. Other accidents may be the result of horseplay or inability to swim. Practice safe swimming habits by understanding your swimming competency and swimming with a friend or partner whenever possible.
Approximately 50-75% of drownings occur in open water such as oceans, lakes, rivers, and ponds. These accidents can happen for numerous reasons. For instance, strong riptides may carry a person out into the water. Some accidents occurring in lakes and ponds also involve alcohol or drug use.
Surprisingly, a significant number of drowning-related accidents occur within a person’s own home. In fact, approximately one person each day drowns in a bathtub, hot tub, or spa in the United States. These accidents may occur as a result of alcohol or substance abuse. These accidents may also occur after slip-and-fall accidents, where the victim is left unconscious.
Read More: Hot Tub Accidents
COMMON CAUSES OF DROWNING
Many drowning-related accidents and fatalities occur as a direct result of the victim’s inexperience or inability to swim. These cases typically involve an inexperienced swimmer, such as a young child, swimming in the deep end of a pool or open waters, such as at a beach. These types of drowning-related accidents can be avoided by use of flotation devices, swimming in shallow waters, or by choosing to not swim when there is not a lifeguard or other trained professional supervising.
Horseplay is another common cause of drowning-related accidents. These types of injuries generally involve reckless activity in a pool or lake. For instance, playing “chicken fights” or having breath-holding competitions can lead to potentially serious drowning-related accidents.
Even experienced swimmers are at risk of being involved in a drowning-related accident. Swimming alone poses many risks. If an injury or accident were to occur, the victim would have nobody around to lend a helping hand or call for help. These accidents can be easily prevented by swimming with a friend or swimming only when there is a lifeguard on duty.
Flooding due to heavy rain is also a common and unfortunate cause of drowning-related accidents, especially in areas that are notorious for getting a lot of rain, such as Houston and Galveston. Be mindful of the weather and avoid going outdoors or traveling when there are flash flood warnings in effect.
WHAT MAY AN EXPERIENCED DROWNING ACCIDENT ATTORNEY DO FOR ME?
Handling a drowning accident claim by yourself can be an intimidating and frustrating task. These types of claims require a thorough understanding of the law and how the court system works. These claims also involve constant communication with insurance companies and other lawyers. An experienced drowning accident attorney may be able to help. With an experienced attorney in your corner, you can expect to receive:
A personal injury lawyer with experience handling drowning accident cases can be an invaluable asset. After an initial consultation, the lawyer may be able to provide advice regarding your best options moving forward. If necessary, a lawyer can file a claim on your behalf. From there, the attorney can act as your advocate, negotiating with insurance companies, opposing counsel, and third parties.
At Zinda Law Group, we pride ourselves on providing exemplary and unparalleled service to each one of our clients. Throughout the entire representation, from the initial consultation up to the disposition of the case, our attorneys may guide you through the claim filing process.
Zinda Law Group has access to numerous resources to help strengthen your claim. Our offices have handled large and complex cases, conducted thorough interviews with the necessary parties, hired expert witnesses, and used state-of-the-art technology.
WHAT LEGAL RIGHTS DO I HAVE AFTER A DROWNING OR NEAR-DROWNING?
Drowning accident victims and their family members are often shocked in the aftermath of an accident. Health and recovery should be the number one priority. However, it is important to remember that victims of drowning and near-drowning accidents have legal rights. In wrongful death cases, it is also important for surviving family members to understand that they also have rights.
In general, these rights include the ability to file a claim against the at-fault party or parties. Monetary compensation to cover a victim’s medical bills and pain and suffering may be available if it can be established that the at-fault party breached a duty of care owed to the victim. In other words, when someone acts carelessly, recklessly, or irresponsibly, and those actions result in life-threatening injuries or death, that person can be held liable.
Because there are many factors to consider before filing a personal injury claim, consider contacting an experienced drowning accident attorney before taking any formal action. An attorney may be able to gather the facts of your case and provide advice regarding possible routes to recovery. For many of these claims, you may be able to negotiate a settlement with the help of your attorney. If agreeing to a settlement is not in your best interests, an attorney may file a lawsuit on your behalf.
WHO MAY BE HELD LIABLE FOR A DROWNING ACCIDENT?
Drowning accident cases are governed by the rules of premises liability. Premises liability law imposes a duty of care on landowners. This duty applies to anyone who owns property, both commercial and residential. Under the theory of premises liability, a landowner’s action, or failure to act, may entitle a person who has been injured while on the property to seek compensation for medical bills, lost wages, and pain and suffering.
The precise duty of care owed by a landowner to another person depends primarily on the type of relationship between the landowner and the person. Individuals who come onto a landowner’s property can be separated into three broad categories: trespassers, licensees, and invitees.
A trespasser is a person who enters a landowner’s property without the landowner’s permission. The law imposes minimal duties to trespassers, particularly trespassers who are on the property without the landowner’s knowledge. In other words, a landowner typically does not have a duty to keep his land in a reasonably safe condition for the trespasser, nor is the landowner expected to inspect the land for potential hazards. Thus, a person who is trespassing onto another’s land and is injured in a drowning-related accident may not have any recourse against the property owner. In some cases involving children, however, the landowner may still be held responsible.
A licensee is a person to whom a license is granted by the landowner. In general, a licensee is on the property for his or her own amusement. This person is licensed to remain on the property only with the landowner’s consent. Typical examples of licensees include relatives, friends, and party guests. For licensees, a landowner has a duty to warn of or make safe dangerous conditions of which the licensee is unaware and which the licensee is unlikely to discover.
An invitee is an individual who has been offered an express or implicit invitation onto the property, either for a mutual benefit or for something that is being conducted on the property. Invitees are owed the highest duty of care by a landowner. This means that in addition to warning an invitee of non-obvious dangerous conditions, a landowner must also take the extra step of inspecting the premises and making sure the property is safe.
WHAT COMPENSATION CAN I SEEK AFTER A DROWNING ACCIDENT?
Damages in the form of monetary compensation may be available to the victim of a drowning-related accident if it can be established that another person or entity was at fault for the accident’s occurrence. These damages can be separated into two broad categories: economic and non-economic damages.
Economic damages are quantifiable costs and expenses resulting from the injury. In a drowning accident case, economic damages may include:
- Medical and pharmacy expenses
- Lost income and wages
- Future economic losses
Non-economic damages are intangible losses that cannot be easily quantified. Non-economic damages are subjectively evaluated by a jury in a drowning accident case. Types of non-economic damages in a drowning accident case may include:
- Pain and suffering
- Emotional distress
- Disfigurement and/or disability
- Loss of consortium
- Loss of enjoyment of life
In cases involving wrongful death, persons authorized by law, such as the decedent’s surviving spouse or children, may be entitled to similar damages. For instance, economic damages in a wrongful death case may include:
- Medical expenses related to the death
- Funeral expenses
- Loss of expected earnings
- Loss of benefits (e.g., pension plans and/or medical coverage)
- Loss of inheritance
- The value of goods and services that the decedent would have provided
In wrongful death cases, the forms of non-economic damages may include:
- Damage for the survivors’ mental anguish or pain and suffering
- Loss of care and protection from the deceased
- Loss of companionship
- Loss of consortium
CONTACT ZINDA LAW GROUP’S DROWNING ACCIDENT LAWYERS FOR HELP
At Zinda Law Group, our team of water injury attorneys may provide years of experience to boost the strength and value of your claim. While you focus on healing, allow us to protect your legal rights.
Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case.
If you would like to discuss the details of your case with an experienced drowning accident lawyer, or to learn more about filing a claim, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.
Meetings with attorneys are by appointment only.