Your Rights Following a Drowning Accident

Nearly 3,000 people die by drowning every year in the United States, making it the fifth leading cause of unintentional injury death nationwide. That statistic is far worse for children ages 1 to 14, where drowning is actually the second highest cause of death.

These types of accidents are, needless to say, tragic. During these difficult times, it is our job as attorneys to ease that pain by helping you and your loved ones take appropriate legal action to hold those responsible, accountable for their actions/negligence.

The Pool & Spa Safety Act passed in 2007, requires pool owners and property operators to maintain basic safety, such as the installation of drain covers. States and municipalities also have their own laws that can require things like locked fences and gates.

Other laws that could affect a drowning case would be product liability (defective equipment, safety gear, etc.) or premises liability (failure to properly keep up pool or swimming area).

If negligence was involved you have several legal options to pursue with a qualified legal team such as Parry & Pfau. Sometimes, human error is to blame, other times it is a structural issue. No matter the situation, you and your family deserve answers.

Following a drowning there are several pieces of information that could prove to help your case:

  • File a police report
  • Take a photo of where the drowning occurred, as well as any evidence that could prove negligence (position of lifeguard stand, slippery area, lack of safety equipment or signs, etc.)
  • Prior incidents at the accident location
  • Witness interviews
  • Expert testimony (doctor, medical examiner, aquatic experts, etc.)
  • Work schedules of lifeguards/safety personnel
  • Water clarity reading

Should your family experience a drowning accident, our deepest condolences.  Allow us to take on the burden of holding those responsible, by taking on your case. Call Parry & Pfau for a complimentary consultation to discuss how we can help you during your time of need.

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