New Jersey Fatal Drowning Accident Lawyers

Drowning accidents result in loss of life and devastation for many families each year. Some drowning accident cases also result in liability on the part of a person or entity whose negligence or recklessness may have caused someone to drown. In such a scenario, the victim’s family may file a wrongful death lawsuit to recover damages for the loss of their loved one.

If a person dies as a result of a drowning accident that was due to the negligence or recklessness of another individual or entity, the victim’s family may file a lawsuit, alleging wrongful death. Another person may have brought about the drowning, and the individual or entity that was responsible for maintaining the pool or waterway exhibited negligence or recklessness in the operation of the pool.

For instance, a public pool or swimming hole may provide lifeguards. However, if the negligent or reckless behavior of a lifeguard leads to a drowning fatality, the operator of the pool may face liability for wrongful death.

Each day, approximately 10 people die as a result of unintentional drowning. Of these, two are children aged 14 or younger. Drowning is the fifth leading cause of unintentional injury deaths in the United States.

Every year, from 2005 to 2014, an average of 3,536 unintentional drownings, unrelated to boating, occurred in the United States that resulted in death. This translates into about 10 fatalities each day. An additional 332 people lost their lives in drowning accidents relevant to boating.

Boating accidents
Numerous drowning accidents occur while people engage in water sports. Such incidents can take place due to the negligent or reckless behavior of another person. The driver could be held liable for wrongful death. In more serious cases, including boating while under the influence of drugs or alcohol, the motorist behind the boat may face criminal charges for manslaughter.

Swimming pool accidents
Those who operate swimming pools or spas must comply with specific requirements enacted by states and the federal government. Under federal law, and an increasing number of state laws, persons or entities that operate public or semi-public pools must install drain covers that are made to prevent drain suction in pools and hot tubs. Drain covers of an earlier type have frequently been insufficient in preventing people, especially children, from becoming trapped by the suction surrounding a pool’s drain. The more modern drain system attempts to prevent the large number of drain suction drowning accidents that occur each year.

Several operators of public pools, such as hotels, have made improvements to their drain covers. However, some have neglected to do so due to lack of oversight or to evade the cost. If a drowning accident happens in a pool that is not in compliance with the law, such violations can be used as evidence in a wrongful death lawsuit.

If you lost a loved one in a drowning accident due to the negligence or recklessness of another person or entity, contact the experienced wrongful death attorneys at the Todd J. Leonard Law Firm.