Losing a loved one in a drowning accident is a devastating tragedy that no family should have to endure. The pain of this sudden loss is often compounded when the drowning occurred due to someone else’s negligence or recklessness. In these situations, surviving family members may have grounds for a wrongful death claim. At Wrongful Death Lawyers, our Care Team provides care and legal guidance to victims who have lost their loved ones due to drowning accidents that were a result of a third party’s negligence. Don’t struggle through your drowning lawsuit alone; trust us to walk the journey with you.
What Is Considered a Wrongful Death Drowning Accident?
Drowning may be considered a wrongful death if it resulted from negligence, lack of proper safety measures, or violation of rules and regulations. Some common scenarios that could lead to a drowning liability for property owners include:
- Lack of adequate fencing, barriers, or security around a pool
- Failure to properly supervise swimmers, especially children
- Defective pool drains, covers, or other equipment
- Lack of proper safety equipment like life preservers
- Ineffective or untrained lifeguards on duty
- Serving alcohol to clearly intoxicated swimmers
- Failure to post warning signs about dangerous conditions
If a drowning death occurred due to any of these preventable factors, surviving family members may have a valid wrongful death claim.
Drowning Accident Liability
Property owners have a legal duty to take reasonable steps to ensure the safety of anyone who uses their pool or accesses their property to swim, whether at a public pool, private club, water park, hotel, resort, or backyard pool at a private residence. This includes properly maintaining the pool area, fixing any known hazards, providing adequate supervision, and following all relevant safety laws and regulations.
In Arizona and South Carolina, property owners can be held liable for a drowning death if their negligence contributed to the accident. Negligence means the property owner or manager failed to act with reasonable care to prevent foreseeable harm.
For a wrongful death case, drowning liability can be proved by showing that:
- The property owner/operator owed care
- That duty was violated by negligent action or inaction
- The negligence was a direct and proximate cause of the drowning
- The drowning led to the victim’s death and quantifiable damages
Compensation in a Wrongful Death Drowning Case
No amount of money can ever make up for the loss of a cherished family member. However, a drowning lawsuit can provide much-needed financial support to help surviving loved ones face the future. Some of the types of damages surviving family members can seek in Arizona and South Carolina include:
- Medical bills related to the drowning incident
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned
- Loss of care, companionship, and guidance of the deceased
- Pain and suffering of surviving family members
- Punitive damages in cases of gross negligence or recklessness
Proving negligence and liability in a drowning lawsuit often requires an in-depth investigation and gathering of evidence, like witness statements, safety records, photos/video, expert analysis, and more. An experienced wrongful death team can help guide families through this process.
What To Do After a Fatal Drowning Accident
The aftermath of a tragic drowning death is chaotic and overwhelming as families struggle with grief, shock, and numerous questions. Here are a few important steps to take:
- Report the incident. Make sure the drowning is reported to the proper authorities and an official report is made. Insist on a full investigation.
- Document everything. Write down all the details you can remember leading up to and after the drowning incident. Take photos of the scene if possible. Get full contact info for any witnesses.
- Preserve key evidence. Keep any belongings of the deceased, like bathing suits, towels, swimming aids, etc., untouched. They could provide important clues.
- Decline to give statements. Do not feel pressured to give statements to property owners or their insurance companies before consulting with your advocate.
- Get support. Reach out to a compassionate wrongful death care team who can provide guidance on your family’s rights and next steps during this trying time.
How a Wrongful Death Care Team Can Help
Contacting a knowledgeable wrongful death care team is one of the best first steps a grieving family can take in the wake of a fatal drowning accident. These caring professionals can ease the burden on families by:
- Listening to their story with empathy and understanding
- Helping them understand their legal rights and options
- Connecting them with support resources for grief and trauma
- Investigating to uncover important evidence of negligence
- Handling communications with insurers and other parties
- Fighting to get families the financial recovery they deserve
While taking legal action may initially feel overwhelming, a compassionate advocate can guide families through the process at their own pace. The right team will handle the complex legal details so families can focus on healing.
Choosing the Right Wrongful Death Advocate
When searching for help with a drowning accident wrongful death case, surviving family members should look for a team that offers more than just legal expertise. The right advocate will provide personalized attention, emotional support, and a commitment to fighting for the family’s well-being.
Consider these factors when choosing a wrongful death care team:
- Extensive experience with drowning accident cases
- Focus on client care and support beyond just legal matters
- Sensitivity to the family’s unique needs during this difficult time
- Strong track record of successful recoveries for clients
- Stellar client testimonials and ratings from reputable sources
Moving Forward After a Fatal Drowning Accident
Healing after the devastating loss of a family member in a drowning accident is a lifelong journey.
While legal action cannot bring a loved one back, it can provide a sense of justice, accountability, and the financial ability to pick up the pieces and begin to rebuild.
If your family has suffered a tragic loss in a drowning accident that could have been prevented, please know that you are not alone. Reach out to our Care Team at Wrongful Death Lawyers to learn more about your rights and how we may be able to help in your time of need. Together, we can work to pursue the justice your loved one deserves.
