Drownings are some of the most catastrophic and life-changing events that can happen to a family. If you or a family member was involved in a drowning accident, it likely resulted in death or some other catastrophic injury. Most injuries stemming from drowning accidents lead to significant medical expenses, missed time from school or work, and permanent disability. Determining who is responsible for a drowning accident is complicated and requires a drowning accident attorney that knows how to handle drowning accident cases.
The team at Gold & Gold, P.A., understands the complexities of drowning accidents and can help you and your family. Some drowning accidents are due to an owner’s negligence in having improper fencing around the pool. Other drowning accidents occur because of faulty pool equipment or improper/lack of warning signs. We will quickly identify all potential causes of the drowning and find all responsible parties We are ready to secure the justice and financial compensation you deserve to help rebuild your life following a drowning accident.
Not every drowning accident occurs because of someone else’s negligence. Although some drowning accidents cannot be prevented, many occur because of the negligence or carelessness of another person that should be held accountable.
Property owners have a legal duty to ensure their property is safe for use. That includes owners of properties with pools, hot tubs, waterparks, retention ponds, and natural waterways such as lakes, canals, rivers, ponds, and oceans. For instance, an apartment complex with a pool should have a fence around its pool while a waterpark should have adequate lifeguards, among other protections. If a property owner fails to ensure that their property is safe and their failure results in the death or injury of yourself or a loved one, you can sue the property owner for their negligence.
Pools are perhaps the most common location of drowning accidents in New York but these accidents are also the most preventable. To protect New Yorkers, pool owners are required to surround their pools with a fence or other barrier that meets the following criteria:
Some towns, counties, and municipalities have their own additional protections as well. Failure to have a pool fence/barrier or a proper pool fence/barrier is negligent and will subject the property owner to a lawsuit.
Other factors that make properties with pools unsafe include:
Not all drownings lead to death. In fact, most do not. Nonfatal drownings refer to a situation where a person survives a drowning incident but still experiences significant physiological effects as a result of the lack of oxygen to the brain and other organs. There are approximately 8,000 nonfatal drownings every year in the United States. () That is an average of more than 18 nonfatal drownings every day. The effects of nonfatal drownings can be catastrophic, and often include the following:
Warm weather in New York means beaches, lakes and pools are open for the swim season. There are over 7,400 public swimming pools and 1,300 public beaches operated across New York. While this time of year always brings excitement, it should also give us some pause. According to the Centers for Disease Control (CDC), drowning is the leading cause of accidental death for children ages 1-4 and is the second leading cause of accidental death for children ages 5-14 (car accidents is #1). The CDC reported that there are approximately 4,000 drowning deaths per year with another 8,000 nonfatal drowning injuries each year. Some important steps you take to help prevent drownings include:
Swimming in New York is a great way to beat the summer heat, but when a fun-filled pool day turns tragic, Gold & Gold will fight for you and your family. We will not stop until we get you the compensation you deserve. Our trial attorneys have vast experience in drowning accident cases and are ready to help you and your family heal from a heartbreaking drowning accident. Call our personal injury attorneys today for a free consultation and allow us to fight for you while you focus on yourself and your family.