Approximately 10 people are killed every day in drowning accidents, according to the Centers for Disease Control and Prevention (CDC). Of these victims, many are young children. When these tragic accidents occur due to another party failing in their duty to protect individuals from harm while using their facilities, legal action can be taken against them. If your loved one was involved in a drowning or near-drowning accident that resulted in their death or serious cognitive injury, our Phoenix drowning accident lawyers at Torgenson Law can help you understand your legal rights. Schedule a free consultation today, online or by calling (602) 759-0012.
Swimming pool owners bear the responsibility of keeping their premises safe for visitors and preventing people from accessing them when they are not in use. Therefore, similar to almost any personal injury or wrongful death case, those seeking compensation for damages in a drowning accident case must establish a breach of that duty. This is often done by proving that the owner—whether it was a person, company, or some other entity—was either negligent in their actions or by failing to act. “Negligence,” in this instance, can include any careless, reckless, or wrongful act. Some common examples of negligence when it comes to drowning accidents in swimming pools include:
Whether your case involves a hotel pool, a residential pool, a swimming pool at a theme park, or any other type, a drowning accident attorney can help you seek fair and just compensation for your significant losses.
Children are not held to the same standard of care, that adult victims are expected to exercise in most premises liability cases. Due to their inability to understand inherent dangers, Arizona premises liability law includes an attractive nuisance doctrine. An “attractive nuisance” is anything that may be interesting enough to a child, that he or she may trespass onto someone else’s property. One of the most common attractive nuisances is a swimming pool.
The doctrine, then, places responsibility on a swimming pool owner to protect a trespassing child from injury. This means sturdy fencing, warning signs, and possibly a locking gate, and a pool cover.
Proving the fault of a swimming pool owner can be challenging. Our personal injury lawyers will hold those responsible for drowning accidents accountable; providing you with the compensation and the peace of mind you need. Contact our drowning accident attorneys for a free case evaluation.