A fun afternoon in the water can turn tragic in an instant. A common misconception is that someone who is drowning will make a lot of noise. In reality, drowning is often silent. The victim may not struggle, splash, yell or otherwise give those around them any signal of the danger. This can leave families to wonder what went wrong. Was the pool faulty? Was the lifeguard not paying attention? Who is responsible for the tragedy? The following will provide information about drowning as well as a guide to help determine liability.
Common locations for drowning incidents
Drowning can happen in numerous environments. Some of the more common include:
- Pools: Residential and public pools are common sites for drowning incidents. Safety measures such as fencing, signage, floating devices, shepherd’s hooks, and lifeguard presence are essential to prevent accidents.
- Beaches: Natural bodies of water pose risks due to unpredictable currents and tides. Beach operators often provide warning systems and lifeguard services.
- Open water near watercraft: Boating accidents can lead to drowning, often involving factors like inadequate safety equipment or operator negligence.
- Water features: Fountains and small ponds, often found in public spaces or private properties, can be hazardous, especially to children.
The location will impact discussions on liability.
Potentially liable parties
Determining liability in drowning deaths involves identifying parties responsible for safety and maintenance. These may include:
- Pool/beach operators: Responsible for maintaining safety standards, providing lifeguards, and ensuring proper signage and rescue devices.
- Property owners: Responsible for providing a safe environment, particularly if they have water features accessible to the public or guests.
- Lifeguards: Tasked with monitoring swimmers and responding to emergencies. Negligence or inadequate training can lead to liability.
- Producers of defective products/equipment: Manufacturers of faulty safety equipment or pool accessories can be liable if their products contribute to a drowning incident.
Liability can extend to various parties, each with specific duties to ensure safety. In a recent example, a family has filed a lawsuit against an apartment complex for failing to install a fence to protect people from falling into deep water near the property after their daughter died due to drowning. These types of cases can serve three purposes. They can help the family in their grieving process by holding responsible parties accountable, result in funds to help cover expenses that result from the accident, and deter others from making the same mistake.
Those who lose a loved one to a drowning accident can use the legal system to hold responsible parties accountable. It is important to note that there is a deadline to file such a claim, generally within the two years of the death. Promptly taking this step can help in the healing process while also making the community a safer place.