Most of us have an innate sense of caution in and around swimming pools, because we know the dangers of a potential drowning or near-drowning incident. Unfortunately, however, not everyone is aware of those risks, especially young children and adult swimmers under the influence of drugs or alcohol. These incidents happen every year, with more regularity than you might think.
According to data from the Centers for Disease Control and Prevention (CDC), there was an average of just over 3,500 non-boat related drowning deaths per year in the U.S. from 2010 through 2019–during that same time period, there were also about 8,000 additional non-fatal injuries annually. What’s worse, about 20 percent of fatal drowning victims were under the age of 14.
Homeowners Need to Ensure Proper Pool Safety
Pool safety laws and expectations vary by state, but by and large, homeowners can be found liable for drowning incidents that occur on their property. Therefore, pool owners should expect to meet at least one of the following requirements, if not multiple:
- The pool and swimming area should be enclosed by a barrier at least four feet (48 inches) tall all the way around the perimeter, and should not be accessible from the main home
- The swimming area should have a robust safety cover when not in use
- There should be a motion light or alarm system for the pool area
- All of the windows and doors leading to the pool should either be alarmed or self-closing
The main reason why pool safety is so important is because a lot of states across the U.S. enforce some kind of “attractive nuisance” laws, meaning that homeowners can be found liable for accidents in which children get access to something they weren’t supposed to and injure themselves, even if it was done without permission. So, for example, if a child wanders into their neighbor’s yard and falls into an uncovered pool and drowns, the homeowner will likely be found liable even without direct involvement.
You May be Eligible to File a Wrongful Death Claim
If someone you love happens to drown because of another’s negligence, you may be able to recover compensation by way of a wrongful death claim. Again, state laws differ, but for the most part, the spouse, parent, or child of the deceased may file a claim on their behalf, if they have suffered damages as a result of the death. Most of the time, these damages include medical costs, burial expenses, emotional damages, and lost wages and benefits.
Contact Trusted Swimming Pool Drowning Attorneys Now
Drowning incidents can happen in less than a minute, but the effects can be lifelong. If someone you love suffered injuries or death in a drowning or near-drowning accident, it’s in your best interest to seek quality legal representation as soon as possible. Don’t allow the negligence of others to derail your life–call the trusted swimming pool drowning attorneys from Van Law Firm today for a free consultation and case review.