Staying Afloat: What You Need to Know About Drowning Accidents

Drowning accidents can turn a day of fun into a devastating tragedy within seconds. Whether at a public pool, a private swimming pool, or a beach, the risk is always present. Understanding the causes, implications, and preventative measures of these accidents is crucial to ensure safety for yourself, others and your loved ones.

This blog post discusses some of the need-to-know harsh realities behind drowning accidents and swimming pool accidents. It will also guide you on how to file a personal injury or wrongful death claim if you tragically find yourself on the receiving end of such an unfortunate incident. Continue reading to get started.

Call 317-881-2700 to Speak With a Drowning Accident Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With a Drowning Accident Attorney in Indianapolis Indiana

Some Causes of Drowning Accidents

Drowning accidents can be caused by a variety of factors, some more obvious than others. Some causes of drowning incidents include:

▶ A lack or proper supervision

▶ Inadequate or malfunctioning pool safety equipment

▶ Inattention to water conditions (including the presence of strong currents and sheer number of swimmers) by lifeguards and other staff

▶ Electrical shock caused by defective wiring in a swimming pool or other aquatic environment

▶ Other malfunctioning or inappropriate pool equipment

Consequences of Drowning Accidents

A drowning accident can have devastating consequences for those involved. In addition to the physical and emotional trauma caused by a swimming pool or open water incident (lake, pond, creek, river, ocean, etc.), there are also legal implications that must be taken into account. Depending on the circumstances surrounding the accident, it may be possible to file a personal injury or wrongful death claim in order to help cover medical costs and more, as well as obtain financial compensation for the victim or loved ones of the victim.

Preventative Measures

To prevent drowning accidents, it is important to take safety measures and remain vigilant when in or near water. These may include:

…providing adequate supervision for all swimmers and especially children or inexperienced swimmers (especially those under the age of 16).

…making sure that all pool safety equipment such as life preservers, pool alarms, and emergency flotation devices are properly provided, installed and maintained.

…ensuring that electrical wiring in a swimming pool or other aquatic environment is up to date and functioning correctly.

…paying attention to signs of strong currents or inclement weather conditions when swimming outdoors by lifeguards and other staff

…properly providing and maintaining all pool equipment

…provide enough certified lifeguards for the conditions and number of swimmers given the conditions then existing

Wrongful Death Claims

If a loved one has tragically passed away due to a drowning accident, it may be possible to file a wrongful death claim. In doing so, you can help cover medical costs and/or obtain financial compensation for the victim’s family. A wrongful death claim involves proving that the defendant was at fault or negligent in some way, so it is important to seek qualified legal counsel when considering this type of claim. Be sure to consult with an experienced wrongful death lawyer in Indiana for professional legal advice.

Personal Injury Claim of the Victim

If you or a loved one has suffered injury due to a drowning accident, it may be possible to file a personal injury claim. In doing so, you can help cover medical costs and/or obtain financial compensation and pain and suffering and other damages for the victim. A personal injury claim claim involves proving that the defendant was at fault or negligent in some way, so it is important to seek qualified legal counsel when considering this type of claim. Be sure to consult with an experienced personal injury attorney for professional legal advice.

Open Water Accidents

It is also important to be aware of other dangers associated with water sports, such as boating accidents or electrocution caused by electricity in aquatic environments. Boating accidents can occur due to a variety of factors, including but not limited to inexperienced or impaired boaters, equipment failure, and bad weather. To prevent boating accidents, it is essential to always wear a life jacket when on a boat, as well as to check the safety of the vessel before setting out.  The boat captain is ultimately responsible for safety.

When it comes to electrocution in aquatic situations, it is important to be aware of the dangers posed by faulty wiring in and around swimming pools. Wiring that has been damaged or exposed due to corrosion or age can lead to deadly shocks. Therefore, it is essential to regularly inspect the pool’s electrical components to ensure safety and prevent electrocution hazards.

In Summary

It is crucial to remain vigilant when it comes to water sports and aquatic environments, as the consequences of a tragedy can be life-altering. Taking preventative measures and understanding the implications of these incidents is key for staying safe and afloat.

If you have been affected by a drowning accident or any other type of water-related incident, it is important to seek legal advice from an experienced personal injury lawyer in order to understand your rights as well as any personal injury or wrongful death claims that you may be able to file. Knowing the ins and outs of drowning accidents and other aquatic dangers can help you stay safe both in and out of the water.

Are you looking for help with your swimming pool accident or drowning accident claim as a Hoosier? Contact Craven, Hoover, and Blazek P.C. to schedule a free case evaluation with a seasoned Indiana civil litigator who is well-versed in child injury accidents, boating accidents, drowning accidents, personal injuries and wrongful deaths. Meet at our Indianapolis personal injury law firm, or engage with us over the phone, via internet, or at your place of inpatient medical care. No need to travel and no upfront fees. Call 317-881-2700 today while your timeclock for pursuing legal action still runs.

Related Posts:

Who’s Liable for a Drowning Accident in a Private Swimming Pool?
A Guide to Navigating Legal Issues After a Boating Injury
The Dangers of Unsupervised Swimming: What Parents Need to Know

Frequently Asked Questions About Swimming Pool Accident Claims

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

Pool Accident Lawyers Indianapolis Indiana 317-881-2700
Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them.  Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Related Posts:

Who’s Liable for a Drowning Accident in a Private Swimming Pool?
Facts About Premise Liability Policy For Small Business Owners
What to Do if Your Child Was Injured Because Another Adult Was Negligent