If you or your child was seriously hurt in a near-drowning accident, you may be eligible for compensation. These cases are very complicated and difficult which is why you should consider hiring an attorney right away. While there may be a person who you think is responsible for the injuries, it is not enough to have a suspicion to bring a claim. You must have evidence that backs up your claim. An attorney can greatly increase your success.
Possible liable parties include rec centers, hotels, private swimming pool owners, town pools, or swim schools. While it may seem difficult to prove the fault of the parties involved, our Texas drowning accident lawyers can help you through that process.
Bringing a Claim Against the Negligent Party
There are various reasons why a drowning accident might take place. There could be negligence of a person or negligence of a facility involved. Lifeguards may not have the proper training or have been distracted, leading to someone nearly-drowning or indeed drowning. The facility could have something on the property that is fault that lead to the accident. They also could have overcrowded and by doing that, overwhelmed the lifeguards they had on duty. Again, there are many different factors that go into someone drowning in a body of water. It is not always a pool. It can be any body of water where there is swimming involved such as a beach or a lake. Determining the liable party is something your lawyer can help you with. If, for instance, a lifeguard blatantly misses someone drowning in their eyesight, they would be the negligent party. If there was something wrong with the structural integrity of a pool in a hotel, then the hotel would be liable for the injuries. The fine details can be discussed with your attorney so that you should who you should be pursuing a case against.
Types of Drowning Victims and Common Causes of Drowning Accidents
There are three primary categories that drowning victims fall into and many times, there is a good chance at recovering them on time if they are seen and rescued in a timely manner.
The first type of drowning victim is a swimmer in distress. The most visible signs of a distressed swimmer is the fear on their face, trying but often failing to keep their mouth out of the water and being unable to make it to the edge of the pool.
Active drowning is often the second step of a distressed swimmer. If they are not reached in time, they will be actively drowning. They will not be able to get their heads above the surface and will be flailing their arms trying to get air.
If an active victim passes out, that is what we call a passive drowning victim. They are victims who have mere seconds to be pulled from the water to rescue them from serious injury or fatality.
The most common causes of drowning accidents include:
- Lack of adequate training for lifeguards
- Overcrowding the pool
- Lack of or misplaces emergency equipment
- Poor visibility in the water
- Unsecure facility, allowing anyone to easily enter when unsupervised
- Substandard safety procedures
- Faulty equipment
Collecting Evidence and Documenting the Incident
When building a strong case, there are several things that you should do and have. Following the incident, you should take photos of where your drowning happened. You should have police come on the scene and get the records from them and EMS later on if there are any. You may also talk to the witnesses and get statements from them about what they saw. More so, there can be an investigation of the facility done about the safety of the area as well as any information about drowning accidents in the past. You should also be prudent about getting testimony from any medical professional that had anything to do with the incident including the lifeguards on duty.
Contact Our Texas Drowning Accident Lawyers Today
If you or someone you love was seriously injured in a drowning accident, we want to help you pursue full and fair compensation. We keep your best interests in mind when going up against the insurance company who only concerns themselves with their bottom line. Call our office today to set up a free consultation to go over your case and see what the next best legal step is for you. We will guide you through your case.