Drowning is one of the leading causes of unintentional death in the United States. Most drowning and near-drowning accidents are completely preventable, leaving accident victims and their families legally able to file personal injury and wrongful death lawsuits against the liable party or parties.
If you had a near-drowning experience or you lost a loved one in a preventable drowning accident, contact a Clearwater personal injury lawyer at Roman & Gaynor. We will fight for the recovery and justice you deserve.
Drowning as a Premises Liability Claim
Drowning accidents could be an issue of negligent security, which falls under the umbrella of premises liability. These types of cases might take place at a public pool, lake or water park.
All bodies of water that are either open to the public or members (such as at a country club) must either have a lifeguard on duty or a sign posted informing swimmers to take caution because a lifeguard is not on duty.
The following scenarios are examples of potential premises liability claims:
- There is one lifeguard on duty at a public pool, but regulations require an additional lifeguard for the amount of swimmers that are present at the pool. Because there are too many people for the lifeguard to watch, he fails to see a drowning boy.
- An apartment complex has a pool that tenants are free to use between posted hours. There is never an active lifeguard on duty, which is warned against by a sign on the premises. However, the pool is only four feet deep and there is no “No Diving” warning signs at the pool, which leads to one of the pool guests nearly drowning.
Drowning as a Product Liability Claim
Drowning accidents could also be product liability-related claims. Defective pool parts, flotation devices and pool toys can all cause drowning or near-drowning accidents. One of the more severe product recalls due to a drowning hazard that has occurred in the past few years is over pool drain covers.
Some models of pools and spas came equipped with a defective drain cover which broke off easily. With the pool drains exposed, some individuals became caught underwater due to the strong suction and drowned.
A Leading Cause of Child Death in the U.S.
According to the CDC, unintentional drowning killed more than 1,000 children in the United States in 2010, making it a leading cause of avoidable child death. In fact, among children aged 1-4, it is the number one cause of avoidable death.
When you take into account people of all age groups, not just children, drowning is still among the top five leading causes of unintentional death in the U.S. These statistics do not even include unintentional drownings related to boating accidents.
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Contact Roman & Gaynor today to discuss your case in a free initial consultation. Our Clearwater injury attorneys will listen to the details of your case and provide you with counsel as to the best legal recourse. We passionately pursue the rights of victims and will do whatever it takes to see that our clients get the needed results.
To learn more about representation from Roman & Gaynor, call today!