Losing a loved one can be a terrible experience, when drowning was the cause, feelings of shock, confusion, and sadness might overwhelm you. Questions about whether or not the drowning could have been prevented, or if someone else contributed to the accident might fulfill your thoughts. You might want answers, but have no idea how to get them. This is when a wrongful death lawyer could help. If your loved one died in a drowning accident, it is important to take action as quickly as possible to ensure that any and all evidence is preserved.
My loved one died in a drowning accident. Can I file a wrongful death claim?
If you believe another person’s actions contributed to the drowning, you likely can file a wrongful death claim against the person or entity.
Drowning Deaths in a Swimming Pool – There are a few different ways someone could drown, such as the following:
- Inability to swim, and venturing into water that was too deep
- Someone holding the victim forcefully under the water
- The victim hit their head causing them to lose consciousness in the water
- Jumping into a pool from the side, a diving board, rope, or other object
- Jumping into water that was too shallow
- Malfunctioning pool drains or pumps
- Drains that are too strong
- Failure to warn swimmers about a dangerous condition
- Intoxication
If it is found that someone intentionally caused your loved one to drown, it is very likely that criminal charges will be brought against them. Filing a wrongful death claim against the person who caused the death, and also the property owner, might also be possible. People who could be held liable for a drowning include, but are not limited to:
- The property owner of the pool
- The manager of the pool
- The company of the pool
- The company of the pool grounds
- Lifeguards
Drowning While Boating – Many drownings are the result of boating or watercraft accidents. It is possible for the victim to be in or outside of the boat to be involved in a drowning accident. Examples of how a drowning accident while boating could occur include:
- The boat is going too fast causing a passenger to fall out and drown
- The boat capsizes
- The victim was swimming and struck by the boat or boat propeller
- The victim was engaged in a water sport activity (i.e. tube or wakeboard) and fell off or got caught in the rope line causing then to drown
- The boat driver or company did not provide life jackets to the passengers
People who could be held liable for a drowning accident by a boat include:
- The boat or watercraft driver
- The owner of the boat or watercraft
- The company offering rental or tour services of the boat or watercraft
- The manufacturer of the boat or watercraft (i.e. when a part malfunctioned)
Call a Wrongful Death Lawyer to Learn More
When a loved one dies, you may feel the emotional and financial effects. A lawyer can review your case and help you explore your legal options. A skilled wrongful death lawyer has been helping victims and family members. If you would like to learn about our firm, your case, and your options, please call a lawyer today.