Drowning Accidents

In the United States, the state of California has the most number of cases pertaining to swimming pool related injuries and deaths. Drowning injuries take the lives of more than a thousand children annually and swimming pool accidents account for over one-third of these fatalities.

As many as 350 kids below five years old die from drowning in pools each year and another 2,600 are sent for medical treatment for almost drowning. Studies show that it will take less than five minutes and below two inches of water for a child to drown.

Even adults are not completely safe in the water. Thousands of grown-ups may also die or sustain tragic injuries caused by a swimming accident.

Individuals, who get seriously injured from a drowning, diving or swimming accident due to the negligence of another, may file a claim and recover damages. There are personal injury lawyers who specialize on drowning injury claims whom you can turn to.

Swimming pool accidents or drowning injuries often happen due to the poor maintenance of the pool, hazardous condition, improper design or construction of the pool, and poor security or safety measures within the pool area.

Owners of public and private pools alike are required to keep their pools safe from accidents in order to prevent people from being harmed. They have a legal responsibility to provide security on their property. Otherwise, their negligence may lead to terrible mishaps that could result in a lawsuit filed against them.

Negligent pool owners will bear responsibility if anyone accidentally gets injured or drowns from their pool because of their failure to act carefully and reasonably, and due to their lack of caution.

Cases involving swimming injuries on private or commercial property fall into three general categories. A victim of a swimming accident, or the loved ones of a person who died from drowning, where the injury or death was the fault of another’s negligence, may allege liability under three types of law – tort law on negligence, premise liability claim, and/or product liability claim.

Negligence is the most common grounds for a drowning injury claim. If they have a duty owed to you; and they committed a breach of that duty; and in which such breach of duty was the actual and proximate cause of your injuries, you may be entitled to obtain monetary compensation for the damages.

You can also sue an owner on the grounds of premise liability if his failure to comply with a state or federal law’s imposed duty of care resulted to the accident.

Products used in and around the pool can also cause drowning or serious injury. A product liability case can be brought against a manufacturer of a poorly designed or faulty product included in the swimming pool. Faulty products can include objects such as:

a pool cover with sharp perimeters that can cause wounds or abrasions
a drain cover that seizes the foot of a swimmer and cause him or her to drown
a sump pump that shorts and results to electrocution
a heater that explodes

Pool design can also be found faulty when there are no clear marks to show the shallow and deep areas of the pool, or when it is difficult to recognize if the pool is deep enough and safe to dive into.

Lawyers may help you file charges since pursuing a lawsuit entail demanding tasks and responsibilities. The sufficient knowledge and skills of drowning injury claims lawyers may put you in an advantageous position, either in settling your case out of court or in pursuing a litigation proceeding.

Increase your chances of recovering suitable damages for your drowning injury claim, log on to our website now and seek the assistance of our expert Los Angeles lawyers.

By Mesriani Law Group
Published: 4/18/2008

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