When Can I Sue for an Accidental Drowning?

Accidental drowning is a terrible tragedy, and in some cases, there are no reasonable measures that anyone could have taken to prevent it. However, in any case where a drowning could have been averted if not due to negligence or unsafe practices, you are within your rights to sue the responsible party.

How Common Is Accidental Drowning?

Accidental drowning is quite common, with an average of almost 4,000 accidental drowning deaths in the United States each year. While most drownings occur in open water, such as the ocean, seas, lakes, and rivers, there are plenty of instances of drowning occurring in swimming pools and bathtubs as well.

Drowning is the third leading cause of accidental death worldwide behind automobile accidents and falls. Understanding how to prevent these tragedies could make drowning much less common.

How to Prevent Drowning Deaths

While there is often an outside party at fault in the case of an accidental drowning, most cases also involve victims who lack both the ability to swim and personal survival skills such as survival floating, treading water, and orienting oneself underwater. In the case of drowning in boating accidents, most of the time, the victim was not wearing a life jacket. 

With proper swimming and safety training, and access to and use of safety equipment, the risk of drowning in most cases drops down to minimal levels. If you plan to participate in water activities, the best way to protect yourself is through swimming classes and making smart decisions when it comes to water safety. 

Never get in a boat without life jackets or fail to wear life jackets in high waves or when the boat is in motion. Don’t drink in excess or do drugs when involved in water activities.

Who Do I Sue in a Case of Accidental Drowning?

Determining fault in the case of accidental drowning varies. If the drowning occurred in a private pool, then the property owner may be liable, especially if they did not meet safety requirements. If the drowning was in a public pool, the owners, operators, and employees responsible for safety could all be held liable.

According to the law firm Bogin, Munns & Munns, the water park industry has minimal oversight, and their workers may not be properly trained in CPR and other life-saving measures. When a death occurs due to negligence on the part of a park or their employee, the park can be held financially responsible.

If the drowning occurred while boating, the operator of the boat may be held accountable. If the drowning occurred on a public beach within a lifeguard supervised swimming area, the lifeguard could be sued. If the victim of drowning was a child, then whoever was in charge of caring for the child at the time could find themselves in legal trouble.

Why Should I Sue in a Case of Accidental Drowning?

Even in cases of partial drowning, where the victim doesn’t actually die, they can suffer many other consequences that come with a financial burden. Drowning victims who lose consciousness can suffer from a wide range of problems, the most common being brain damage as a result of a lack of oxygen reaching the brain during unconsciousness. 

If you or your child suffered from a near-drowning, you may be entitled to compensation to cover costs such as:

• Medical bills
• Physical therapy
• Counseling
• Lost wages
• Lost earning ability
• Permanent disability
• Pain and suffering

In cases where the victim of drowning does die, the family can sue for wrongful death to cover the cost of funeral expenses, loss of income the deceased would have earned, as well as compensation for the loss of a loved one.

Suing for wrongful death can have benefits beyond the financial, in that it can send a message to the parties at fault, as well as helping to inform the public of any irresponsible practices on the part of the liable party and help to protect others against future drownings.