Cleveland Drowning Accident Lawyer

Negligence & Liability in Drowning Accident Cases

In civil injury cases, proving negligence and causation are two critical objectives. Our attorneys can explore your case and the evidence which may exist to establish those elements, but some general examples can help you understand what that means:

Premises Liability – Premises liability laws can help victims hold property owners accountable for failures, violations, and negligence which precipitates preventable accidents. In terms of drowning and near-drowning accidents, potential grounds for such a claim may involve, among others:

• Lack of adequate supervision or lifeguards (i.e. a negligent private party / homeowner, day care facility, hotel or private club, etc.);
• Lack of warning signs and postings / lack of fences or gates which would have prevented victims or children from entering facility;
• Lack of life-saving equipment, including flotation devices / life preservers;
• Failures to address known hazards (i.e. broken jets or pool pumps, insufficient lighting, uneven or slippery surfaces.

Product Liability – Product liability laws also offer victims a pathway toward justice and compensation from at-fault manufacturers, distributors, and / or retailers of defective products which cause or contribute to drownings or near-drownings. These cases may involve:

• Defective floatation devices that fail to work as intended, or cause / contribute to submersion;
• Defective pool equipment or pool cleaners that entrap swimmers;
• Defective life saving devices.

Other Issues in Drowning Cases – Drowning and near-drowning accidents may also involve other issues concerning liability, victims’ rights, and the process by which financial recoveries can be made, including:

• Public facilities – Drowning incidents at publicly owned pools may be subject to different laws and civil rules and procedures. Claims against a municipality, for example, may introduce issues of limited liability, as well as shorter statutes of limitations.
• Trespassing – Property owners are not generally liable for accidents sustained by people who trespass upon their land, but there may be situations where claims can be brought by victims who are, by definition, trespassers. This is most common in accidents involving children, such as when a child wanders onto a property because of an “attractive nuisance” such as a pool or play equipment. In Ohio, the state Supreme Court adopted the attractive nuisance doctrine in 2001, making landowners potentially liable for injuries or deaths suffered by children whose damages occurred when they trespassed onto the landowner’s property due to a condition likely to attract children unable to understand potential risks, or any hazardous condition.
• Boating Accidents – Though many drowning accidents happen in pools, there are also common at lakes, rivers, and open waters where boats and water sports are present. In these circumstances, victims must explore potential causes of action for their boating accident lawsuit, such as a negligent, drunk / impaired, or inattentive boater, or failures committed by product manufacturers.

Questions? Call The Becker Law Firm

The Becker Law Firm is committed to helping clients in their fight for justice, and leverages extensive experience and expertise to pursue the maximum compensation possible. To discuss a potential case and how our team may be able to help you, contact us for a free consultation.