Drowning Lawsuits

About one in five who die from drowning accidents are younger than 14. And for every one of those children, another five receive treatment at emergency departments for nonfatal submersion injuries, according to the Centers for Disease Control and Prevention.

Those tragic facts are made even more somber when you realize that, in many cases, the injuries and deaths resulted from someone else’s negligence, whether from a defective product or an inattentive lifeguard at a community pool, lake, beach, or amusement park.

Who Is Responsible For Drowning Accidents?

Most drowning accidents are preventable, and you may be entitled to compensation if you have lost a child in this way. Determining liability in a drowning accident depends on the incident's circumstances. In general, drowning accident liability will either be a case of product liability or premises liability. An experienced personal injury lawyer can help you determine which type of case you have.

When Is A Drowning Accident Considered A Product Liability Case?

Some drowning cases are caused by defective pools and/or pool products, and retailers, installers, or manufacturers may be found liable. Pool accidents that involve product liability may include:

• Pool accessories – Water slides, ladders, and diving boards, which may be premises liability when improperly maintained, may be product liability if they were not correctly installed, were manufactured incorrectly, or were in the wrong places.
• Pool gates, fences, or barriers – Fences and gates around swimming pools are vital to ensure that no unauthorized or unwanted access is available, especially when the pool is unmonitored. However, if the barriers’ structures or locking mechanisms are compromised, defective, or don’t work correctly, it may be a product liability.
• Pool safety equipment – Ring buoys and life jackets are critical in emergencies. The results can be devastating if they don’t work correctly in an emergency. Additionally, alarms designed to alert pool owners that there are unexpected entrants to the pool area are great if they work right. A defective alarm that fails to alert the owner when someone is at the pool can result in drowning.
• Pool drains and pumps – Defective pool pumps and drains can create suction entrapment. This is when a swimmer’s swimsuit or hair gets sucked into a drain due to strong suction, which may lead to the person being stuck underwater and drowning.

When Is A Drowning Accident Considered A Premises Liability Claim?

Drowning incidents can happen anywhere there is standing water. However, the majority of them occur in public or residential swimming pools. In some cases, residence or business owners who have pools may be considered negligent and, therefore, liable for the drowning. Some examples include:

• Private residences where there is a swimming pool, hot tub, or bathtub that is filled with water.
• Hotels or resorts where there is a swimming pool, hot tub, water slide, lazy river, or other water feature.
• Public swimming pools, member-only facilities, gyms, or other facilities where lifeguards are inattentive or not adequately trained, or the facilities are not appropriately maintained.
• Facilities that don’t correctly maintain public swimming pool steps, ladders, diving boards, etc.
• Facilities that have insufficient lighting or blind spots around the pool.
• Facilities with posted pool hours that fail to prevent people from going in outside of those hours.
• Facilities that do not post warning signs about safety hazards.

If your loved one has been injured or died as a result of the negligence of a swimming pool owner, you may be able to file a premises liability or wrongful death claim. It's essential to seek the guidance of an experienced drowning accident attorney as soon as possible.

How Do You Find A Philadelphia Accidental Drowning Lawyer?

Ross Feller Casey, a leading Philadelphia law firm with a national reputation for winning landmark results, has an impressive record of successfully litigating swimming and drowning cases. Victories by the Pennsylvania personal injury attorneys at Ross Feller Casey include:

• $10 million recovered for the family of a girl who drowned at a swimming facility.
• $6.6 million verdict for the family of an 8-year-old boy who drowned at a summer camp after lifeguards abandoned their post.
• $5.5 million recovered for the family of a 15-year-old boy who drowned in a hotel swimming pool. As a result of the case, the hotel agreed to change its policy regarding the positions and duties of lifeguards to ensure that such a tragedy doesn’t occur again.

If you or a loved one were seriously injured in a drowning accident, contact one of our Philadelphia drowning accident lawyers for a free initial consultation.

The law office of Ross Feller Casey handles all its personal injury cases, including swimming and drowning lawsuits, on a contingency basis. That means you will never pay a thing until a financial recovery is made in your case.