According to the American Red Cross, drowning accidents account for the deaths of more children than any other cause. It also reports that five children suffer nonfatal submersion injuries requiring emergency medical treatment for every drowning fatality. Whether they happen in a swimming pool or at the beach, the stark reality is that some drownings cannot be prevented.
Many preventable drowning accidents happen because of the negligence or carelessness of another party who should be held accountable. Drowning accidents often occur in swimming pools when children or other swimmers are left unattended, but they can also happen in gyms with pools or even spas. Survivors of these accidents may live with serious psychological injuries, and many even suffer brain damage from the lack of oxygen.
Our drowning accident attorneys at the New York and Florida offices of The Carrion Law Firm can offer a free, confidential case review to get started. Call us at (718) 841-0083 for help now.
Who May Be Held Responsible for Drowning Accidents in NYC
Drowning accidents can be complicated, and determining who should be legally responsible is not always easy. In many cases, responsibility may fall to the person who owns the pool or property where the drowning happened. In other cases, some other negligent person may be held responsible.
If the accident occurred in a swimming pool, our drowning accident lawyers should examine the pool’s owner for legal liability. Swimming pools, whether public or private, must be constructed in a way that meets certain safety requirements.
For example, pools are required to have barriers to prevent unauthorized access and possibly prevent drownings of unattended swimmers. If your child was injured in a drowning accident because your neighbor did not have a proper safety barrier to prevent access, your neighbor may be sued and held responsible.
In other cases, a business might be held responsible for a drowning accident. Many pools are open to paying customers, and these pools must meet the same safety requirements as any other pool. Drowning accidents can also happen at gyms and spas with swimming facilities, hot tubs, or other similar amenities.
Locations and Causes of Drowning Accidents
It may surprise you, but a bucket of water left unattended could cause the death of a child. Just about any container or body of water may be the location of a drowning, including:
- Bathtubs
- Swimming pools
- Children’s wading pools
- Spas
- Water parks
- Oceans, lakes, ponds, rivers, streams, and other natural bodies of water
- Manmade canals and waterways, retention ponds
- Septic tanks and water storage tanks
Swimming pool drownings frequently happen due to a lack of supervision. The owners and operators of swimming pools at private homes, resorts, hotels and motels, municipalities, water parks, and other facilities have an obligation to provide adequate supervision to prevent drowning accidents. When their negligence causes someone to die or be critically injured, we aggressively pursue compensation for victims and their families.
Other factors that may increase the risk of drowning include:
- Lack of or inadequate fencing or barriers around pools, waterways, and other locations used for swimming.
- Lack of lifeguards at beaches, swimming pools, and other locations open to the public.
- Facilities offering kayaks, boats, canoes, jet skis, and other watercraft for rent without providing life jackets or personal floatation devices.
- Failure to provide adequate training to and supervision of lifeguards.
- Failure to post warning signs at locations where a drowning risk exists.
Once we consult with the victim of a drowning accident or the family of a victim, we undertake a thorough investigation focusing on determining its cause and identifying all parties whose negligence may have contributed to the tragedy. This may include property owners, management companies, municipalities, and operators of recreation areas.
Evidence to Prove Claims in Drowning Accident Cases in New York City
We must be able to prove your claims by a preponderance of the evidence, meaning we must show it is more likely than not that the defendant is liable. Exactly where we find evidence will vary based on your situation.
Public and private pools may be monitored by security cameras. This is often the case at gyms, swim clubs, and spas. If cameras were in the area during the drowning accident, we might be able to get video evidence of what happened. In some cases, the video shows how the defendant negligently allowed the accident to occur.
We can also call upon witnesses who were there when the accident happened or have first-hand knowledge of important facts. For example, other swimmers may testify about what they saw on the day of the accident. Alternatively, pool employees might testify about the lack of safety procedures that might have contributed to the accident.
We may also want to present information from your medical records about the injuries sustained during the accident. Many drowning accident victims experience brain damage from oxygen deprivation, and injuries and losses may be complicated and significant.
Recoverable Damages in Drowning Accidents
Damages in a drowning accident may account for numerous monetary expenses in addition to more subjective injuries, like pain and suffering. You should review your damages with an experienced attorney to make sure nothing is left out and your potential compensation is maximized.
Economic Damages
Drowning accidents can be very expensive to recover from, and you should claim these costs as part of your economic damages. Chief among these damages will likely be medical expenses.
Drowning accidents can take a serious physical toll on victims. Many people are under the water for so long that they experience serious brain damage due to the lack of oxygen. The longer someone is underwater, the worse the damage may be. Recovering from brain damage is not always possible, and victims might be left with permanent disabilities.
If you experience brain damage, you might have to give up certain parts of your life, like your job and source of income. The income you lose should be factored into your economic damages and may be quite substantial.
Non-Economic Damages
Drowning accidents can also take a serious non-economic toll on victims that cannot be proven by evidence of costs or expenses. Instead, these injuries are more personal and subjective and tend to vary significantly from case to case.
First, we should consider your pain and suffering. These are common in injury cases and may encompass a wide variety of conditions, distress, and trauma. Many drowning accident survivors have serious psychological injuries and may live with PTSD-like symptoms, depression, and a fear of water or swimming. For many, drowning is a near-death experience that alters the way they see the world.
Those who suffer serious brain injuries because of a drowning accident may live with a diminished quality of life. They might lose their career and ability to live independently. Meanwhile, they must rely on friends or family for support and care, which can feel humiliating. While these damages are highly subjective, they may also be quite substantial.
How Much Time Do You Have to Sue for a Drowning Accident in NYC?
Recovering from a drowning accident can take years for some, but you might not have as much time to file a lawsuit to recover damages. Speak with an attorney about your accident as soon as possible so they can assist you in filing your case on time.
According to the New York statute of limitations for injury claims, C.V.P. Law § 214, you have 3 years from the day of your injury to file a civil case in court. This might sound like more than enough time, but the truth is that lawsuits take a long time to prepare. The longer you wait to get started, the less time your attorney has to prepare your case, assess damages, and gather evidence.
Under special circumstances, we may have the statute of limitations tolled, and our time to file the case extended. Often, tolling is available when circumstances beyond your control prevent you from taking legal action.
Tolling for infancy is available under § 208. If you are a minor, your limitation period may be tolled until you are 18, giving you 3 years, or until age 21, to file a case.
We Work to Recover Maximum Compensation for the Victims of Drowning Accidents
The loss of a loved one is a tragedy that can take a toll on the surviving members of the family. We help families by pursuing wrongful death claims against the parties at fault in causing the accident. Damages recoverable may include funeral expenses, pain and suffering, loss of the love and companionship of the deceased, and lost financial support of their loved one.
A person who survives a drowning accident may suffer serious and life-altering injuries, such as brain damage, requiring long-term care. Our attorneys aggressively pursue damages claims against the at-fault party to ensure that the victim has sufficient financial resources to live comfortably.
Contact Our New York and Florida Drowning Accidents Attorneys
If you or a family member has been the victim of a drowning accident, our drowning accident attorneys at The Carrion Law Firm want you to know that we are here to help. Call us today at (718) 841-0083 for a free case review.
