Negligence, Liability And Drowning Accidents
Tragically, drowning accidents happen too often, even today. As recently as September 2017, The Atlanta Journal-Constitution reported that drowning has been on the rise in Georgia every year since 2013. Both among children and adults, males are statistically at a greater risk of drowning, with 80% of drowning fatalities being among males. Swimming pools pose a significant threat to children under the age of 5, which is why safeguarding children from potential accidents is a responsibility that pool owners assume. According to the CDC, drowning fatalities are the second leading cause of death among children aged 1-14 next to automobile accidents.
Even for adults, recreational swimming in private pools, rivers or lakes can often mean that someone is at least partially liable for your safety. Owners of hotels, businesses and schools have a responsibility to ensure a safe environment. Accordingly, wherever a pool is accessible to the public, the owner of the property must take reasonable steps to make sure the facilities are reasonably safe. Because property liability is so often a factor in drownings, you could be entitled to compensation due to the negligence of others.
Naturally, adults are responsible for their own decisions and actions, but it should be stressed that negligence by business owners often plays a very vital role with regard to drowning cases. A wrongful death claim could earn you or a loved one financial assistance during a difficult time. Reach out to the dedicated, experienced professionals at Jackel & Phillips to determine the best course of action for you. Some examples of negligent behavior include:
- Unlocked or unsecured gates, ropes or fences;
- Untrained staff;
- Failure to uphold pool maintenance;
- Lack of proper safety warnings posted/displayed;
- Failure to maintain equipment like drains, pumps, pool filters, safety buoys or jackets, and alarms;
- Defective pumps and drains;
- Unsafe physical conditions surrounding a pool.
Remember too that injuries associated with near-drowning could also entitle you to compensation. Non-fatal drowning statistics are often underreported and underrepresented. Children are exceptionally susceptible to drowning and near-drowning accidents. The Center for Disease Control reported that for every child who dies in a drowning accident, another five require hospitalization or care for drowning related injuries. If you suspect that negligent behavior could have played a role in your own or your child’s drowning accident, contact Jackel & Phillips for consultation. Physical injuries sustained from near-drowning could include:
- Brain damage or impaired cognitive function;
- Broken bones;
- Cardiac arrest; and,
- Stroke or other neurological complications.
Devastating situations like those highlighted here is why it’s important to be aware that a personal injury lawyer could assist you or a loved one when tragedy strikes. The last thing you want to deal with when you’re in pain is making sense of your legal rights. If you or a loved one is suffering from near-drowning related injuries, you may have a case against those responsible for the property. Often personal injury cases are complicated, which is why it’s important to hire an experienced attorney with the skill-set to approach your case from many angles.
We Can Help!
Following a near-drowning accident, you may experience emotional trauma as well as ongoing physical injuries that require care. Medical bills, time spent away from work, and even post-traumatic stress can greatly influence your life and ability to carry on normally. At Jackel & Phillips, an attorney can review your case and clearly explain where you stand and what your options are.
To discuss your claim with an experienced attorney in Marietta, Georgia, please contact the personal injury attorneys at Jackel & Phillips today. We take pride in providing thoughtful and passionate help to the community at Jackel & Phillips. Our consultations are free, so you can feel confident reaching out to discuss your case with us today.
At Jackel & Phillips, we have the experience, knowledge and compassion you need for the results you deserve.
At Jackel & Phillips, we have the experience, knowledge and compassion you need for the results you deserve