Not every drowning accident leads to a legal claim, but you may have a case if the drowning happened because someone failed to provide a reasonably safe environment. Drowning claims often involve questions about supervision, property maintenance, safety barriers, warning signs, lifeguard response, emergency preparedness, boating safety, or defective equipment.

To bring a drowning accident claim, several factors are usually evaluated. These include whether someone owed the victim a duty of care, whether that duty was breached through negligent conduct, whether that negligence caused or contributed to the drowning, and whether the victim or family suffered damages.

Examples may include a hotel pool without adequate safety measures, a daycare that failed to supervise children near water, a water park with insufficient lifeguards, a boat operator who failed to provide life jackets, or a pool owner who failed to secure a dangerous pool area.

An experienced attorney at Morgan & Morgan can review what happened and determine whether you may have grounds to pursue compensation.

Liability in a drowning accident depends on where the incident occurred, who was responsible for the area, and whether negligence contributed to the injury or death. In many cases, more than one party may share responsibility.

Potentially liable parties may include property owners, landlords, hotels, resorts, apartment complexes, water parks, public pools, recreational facilities, schools, daycares, camps, lifeguards, swimming instructors, boat operators, rental companies, event organizers, maintenance companies, or product manufacturers.

For example, a hotel may be liable if it failed to maintain a safe pool area or provide required warnings. A daycare may be liable if a child drowned due to lack of supervision. A boat rental company may be liable if it provided defective safety equipment. A manufacturer may be liable if a defective pool drain, unsafe pool cover, or faulty life jacket contributed to the drowning.

Because drowning cases can involve multiple responsible parties, identifying every potential source of liability is an important part of the investigation.

If someone is involved in a drowning accident, the first priority is emergency medical care. Call 911 immediately. If it is safe to do so, remove the person from the water and begin CPR if they are not breathing and you are trained to provide aid. Even if the person regains consciousness, they should still be evaluated by medical professionals, because drowning can cause serious complications that are not immediately obvious.

If possible, report the incident to the property owner, pool operator, hotel, school, daycare, event organizer, boat operator, or other responsible party. Ask that an incident report be created. It can also be helpful to take photos or videos of the scene, including the pool area, fencing, gates, warning signs, lifeguard stations, safety equipment, lighting, water conditions, or any visible hazards.

You should also gather witness contact information, preserve medical records, and avoid speaking with an insurance company before understanding your rights. A Morgan & Morgan drowning accident attorney can help investigate the incident and protect your potential claim.

The compensation available in a drowning accident case depends on whether the incident was fatal or non-fatal, the severity of the injuries, and the circumstances surrounding the accident.

In a non-fatal drowning case, compensation may include emergency medical treatment, hospitalization, rehabilitation, future care, medication, therapy, lost wages, loss of future earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. If the victim suffered brain damage, lung damage, cardiac complications, or permanent disability, the case may also involve long-term medical and life-care needs.

In a fatal drowning case, surviving family members may be able to pursue compensation through a wrongful death claim. This may include funeral and burial expenses, loss of financial support, loss of companionship, emotional suffering, and other damages allowed by law.

Every drowning accident case is different. A drowning accident attorney at Morgan & Morgan can help determine what damages may be available and fight to pursue the full compensation the victim or family deserves.

Drowning accident cases can be emotionally devastating and legally complex. They often require a detailed investigation into supervision, safety policies, property maintenance, emergency response, equipment defects, witness accounts, surveillance footage, incident reports, medical records, and applicable safety rules. Insurance companies and responsible parties may try to deny liability, shift blame, or minimize the value of the claim.

Morgan & Morgan has the resources to take on property owners, businesses, insurers, manufacturers, and other powerful defendants. Our drowning accident attorneys can investigate what happened, identify who may be responsible, preserve key evidence, work with experts when needed, and fight for the compensation you and your family deserve.

As America’s largest personal injury law firm, Morgan & Morgan has more than 1,100 attorneys and over 35 years of experience representing people harmed by negligence, recovering over $35 billion in the process. We work on a contingency fee basis, meaning the Fee Is Free®; you only pay if we win. If you or someone you love was injured or killed in a drowning accident, you can start today with a free case evaluation.