If you have a loved one who suffered or died in a drowning accident, your first step would be to contact our local and product liability lawyers by submitting your free case evaluation. We will review your case and contact you to discuss how to proceed. It is possible for everyone to drown in a single centimeter of water. These include natural waters, swimming pools, buckets and bathtubs, all of which are common drowning sites. Although infants and the elderly are at a higher risk of drowning in a bathtub, people with disabilities aged five and 64 are known to often drown in bathtubs. The content provided herein is for informational purposes only and should not be construed as legal advice on any matter. Critics may argue that swimmers should have some personal responsibility, and while this is true, children cannot be held to the same standards as adults. Children are not as aware of safety as adults, as it is something we learn as we grow up. Children are curious and cannot be held responsible if they drown because an adult did not protect them from harm that the child was not aware of. That is why it is so important that precautions are taken so that neglect does not result in the death or harm of a child. An experienced wrongful death lawyer can help determine if someone can be held responsible for drowning and, if possible, assist with recovery.

These waivers are generally binding contracts. However, many of these waivers only protect the owner or operator from “simple negligence” lawsuits. You cannot protect yourself against lawsuits based on gross negligence, recklessness, illegal activities or wilful damages. People injured by drowning undoubtedly deserve compensation, but many people do not know who is really responsible for such an incident. Sometimes the person who drowned or nearly drowned can be clearly to blame; The decision to swim unsupervised, to be impaired, not to wear a life jacket or to overestimate one`s swimming abilities are risks that generally make you responsible for any damage you may suffer as a result. However, it is also very common for other people to be responsible for a drowning accident. Each case is unique, but in general, two groups of third parties are likely to be to blame. Of course, drowning accidents can sometimes be caused by aspects of a pool or property next to fences, pool covers, drain covers, etc. that are addressed in pool safety laws.

For example, a homeowner may have failed to repair crumbling concrete by the pool and someone fell into it. This type of accident could fall under the laws on the liability of premises. The question of liability in case of drowning in a swimming pool depends on the nature of the accident itself. Possible liability is the place where the drowning occurred. Drowning in bathtubs is so common in children under the age of five because, when left unattended, they can often slip and fall below the surface and do not have the nuclear power to get up. When bathing a child under the age of six, it is important that they are never left unattended, no matter how short the monitoring time is, especially since children often do not make noise when they drown. Created by FindLaw`s team of writers and legal writers| Last updated: 01 December 2016 One of the first things you should do after a drowning or near-drowning accident is to contact a drowning lawyer who, you know, has the experience and knowledge to give you the best chance of winning your case. Our lawyers at The Law Place have 75 years of experience in Florida`s legal system, so you know we`re able to fight for your justice and ensure those responsible are held accountable. We want to ensure that better safety measures are taken to prevent similar drownings from happening in the future. Call The Law Place today at 941-444-4444 for a free consultation. Some of the most common drowning cases involve unsupervised swimming pools (industrial liability cases) and boat accidents.

Negligence, such as not fencing a pool or providing adequate equipment, or lack of swimming experience, often leads to serious drownings in pools. Young children are very curious, and this can lead to an exploration that leads to entering a pool. Children aged 1 to 4 years have the highest rates of drowning. The two main legal categories that apply in the event of drowning are product liability and property liability. Whenever a child drowns, the adults who are supposed to care for the child can be prosecuted. It doesn`t matter if drowning in a public pool or swimming hole, for example, can provide lifeguards. If a lifeguard`s negligence or recklessness contributed to the death by drowning, the operator of the pool or swimming hole may be held liable for the wrongful homicide. The same can be true if lack of maintenance in a pool, spa, or swimming hole causes someone to drown. If you have lost a loved one to accidental drowning, you can sue and claim compensation.