The Consequences of Near and Accidental Drowning

Beaches, boats, swimming pools and water parks can be extremely dangerous areas for not only children but adults as well. There are also some risks to fishing charter boats and commercial dive boats. Essentially, anywhere there is water and people around it there's a chance for disaster to strike. Throughout the United States accidental drowning is a leading cause of death of young children under four years of age.

The drowning accident personal injury lawyers at The Doan Law Firm realize that drownings are something that can happen in an instant, with virtually no warning. After approximately 2-minutes under water children will lose consciousness. Brain injuries occur within approximately 4-6 minutes. The majority of children who are able to survive a drowning accident and have no lasting injuries will be found at or under 2-minutes from submersion. The majority of drowning accident fatalities will occur after victims have been full submerged for 10-minutes or more.

Those who are survivors of near drowning accident fatalities will often suffer consequences that will last a lifetime, including:

  • Anoxic Brain Damage
  • Severe Brain Damage
  • Permanent Brain Damage

After someone has been submerged for approximately 4-6 minutes the damage done to the brain will almost always be irreversible.

Drowning accidents and near drowning accidents are virtually always a preventable occurrence. There is an inherent duty of all operators of public pools to protect against any possible and foreseeable hazard through taking safety measures, e.g. –

  • Ensuring that all locks and gates are in good working order
  • Maintaining and inspecting all of the pool fences
  • Properly maintain and do inspections to ensure all drains are properly covered (prevents any suction accidents)
  • Hire only lifeguards that are properly trained and qualified
  • Post all proper warning signage
  • Have all life-saving equipment readily at hand
  • Any other safety measure that's reasonable under the circumstances

The owners of hot tubs or swimming pools on a private property (this includes condominium associations and apartment complexes) have the same requirements for safety and to protect and prevent against any foreseeable risk through taking all necessary safety measures to prevent any near drowning or drowning accidents. If any hot tub, pool or spa operator fails to do so they may be held negligent and liable under the law when failing to do so.

Likewise, resorts and hotels that have beach access are under a duty to protect against any risk that's foreseeable through the implementation of all appropriate measures of safety, along with the duty of warning their guests of all known hazards, including but not limited to:

  • Under Tows
  • Rip Currents

These resorts and hotels can be held liable for any negligence after someone is either killed or injured in a drowning accident or near drowning accident as a result of these requirements. Both fishing charters and commercial dive boat operators can be held negligent for the failure to take steps that are reasonable to protect their guests from any harm that's foreseeable as well.

Most often public and private owners will hold liability insurance which will cover them from any claims of wrongful death or personal injury that arises out of a drowning accident or near drowning accident caused by their negligence. This includes:

  • Public Pool Operators
  • Hotels
  • Apartment Complexes with Pools
  • Charter Boats
  • Condo Associations with Pools
  • Fishing Charters

Contact The Doan Law Firm

At The Doan Law Firm we handle both near drowning accident and accidental drowning accident cases with both serious injuries or if you've lost your loved one. When there's a lack of proper safety precautions under the presented circumstances or any other negligent factor that led to your injury, your loved ones injuries or even the death of a loved one you have rights to justice and compensation. Our firm works relentlessly in order to ensure that you get the justice you deserve.

Additionally, we take all of our cases on a contingency only basis. This means that you pay no fees upfront, nor throughout the duration of your case. We earn our fee through a small portion of whatever settlement or verdict we win on your behalf. There's no fee unless we win your case, if we fail to win you'll never owe us a dime.

Contact our firm today for a free no obligation initial consultation. Through your initial consultation we'll discuss the merits of your case, as well as the best path forward. Our drowning accident personal injury lawyers are available 24/7/365, no matter the time of day or holiday at (800) 284-5983. Call today, we look forward to helping you soon.