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Frequently Asked Questions About Drowning Accidents
Is it worth getting a drowning accident lawyer or swimming pool accident attorney?
Injury or loss of a loved one is a sensitive, grief-filled time. During this difficult time, you and your family may be so overwhelmed that basic tasks are difficult. Adding a legal case on top of that may seem too strenuous or confusing, but a trusted drowning accident attorney can alleviate a lot of the stress associated with a lawsuit by helping to clearly explain the aspects of the case and the appropriate measures to take to reach desired outcomes. Our knowledgeable swimming pool accident attorneys can help ensure that the victim or victim’s family receives the justice they deserve during such a difficult time.
What does a typical drowning accident case investigation process look like?
Initial investigation involves answering the general who, what, when, where, and why of the accident. Once this basic information is known, a more formal investigation begins. This phase of investigation includes collecting more detailed information through accident reports, police and first responder documents, medical records, United States Coast Guard records, and more. A careful review of all information by experienced drowning accident attorneys and qualified experts helps to determine precisely what happened, why and how it happened, and who is at fault.
How do I know if a drowning death was caused by negligence?
In some cases, this is obvious if the drowning was related to an intoxicated water motorist or pool supervisor. However, every case is unique, and fault is not always clear. In these situations, all factors must be reviewed, including whether required regulations were followed for pool areas, if a broken lock allowed a child water access, if CPR was properly administered, etc. For instance, in North Carolina, all swimming pools need to be enclosed by a barrier to be in accordance with Appendix V of the North Carolina Residential Code. Additionally, the property owner may be held liable if such safety measures are not properly implemented. An investigation by our swimming pool accident and drowning lawyers will determine if requirements like this were met when the accident occurred.
How much will I get in a drowning case settlement?
Many factors are involved in determining settlement amounts, including compensation for the victim’s age and income, the family’s economic loss, emotional anguish, loss of quality of life, and more are considered. A drowning lawyer can assess the value of your case to better explain the potential recovery available.
Will the case have to go to trial?
The majority of drowning accident cases are resolved through settlement negotiations; however, some cases do go to trial. Regardless, the drowning lawyers at Edwards Kirby assemble and prepare each case under the assumption that it will go to trial. This puts insurance companies on notice, which can lead to faster and more lucrative case resolutions.
Who Is Held Liable for Drowning Accidents?
Liability for drowning accidents depends on where the incident occurs and who is responsible for maintaining safety. In general, property owners and operators have a duty to take reasonable precautions to prevent drowning risks. If negligence is involved, certain parties may be held liable:
- Homeowners – May be responsible if a drowning occurs in a private pool or pond due to inadequate fencing, lack of supervision, or failure to meet local safety regulations.
- Business Owners – Hotels, water parks, and fitness centers with pools must ensure proper safety measures, lifeguards (if required), and clear warnings about potential hazards.
- Landlords and Property Managers – If a tenant or visitor drowns due to unsafe conditions at an apartment complex or rental property, the owner or manager may be liable.
- Government Entities – If a drowning occurs at a public pool, lake, or beach due to poor maintenance, lack of signage, or insufficient lifeguards, the city or local authority may bear responsibility, though sovereign immunity laws may apply.
- Schools and Camps – Institutions responsible for children’s safety during swimming activities must provide proper supervision and adhere to safety regulations.
Laws vary by state, so consulting a legal professional from Edwards Kirby LLc is essential for determining liability in specific cases.
Our Record Setting Results from Premise Liability Lawsuits
View More Results$1 Million
Woman injured by falling into an open elevator shaft
$2.175 Million
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$4.7 Million
Death of a college student during “hell week” hazing.
$5 Million
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$6 Million
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$24.5 Million
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Call 919-780-5400 or fill out our online form to request a free consultation. You won’t pay unless we win!