Thousands of people die in drowning accidents each year, and while all involve lives that are cut short, some also carry legal liability. That doesn’t mean that the drowning was intentional, but that a liability of some kind was not fulfilled. If recklessness or negligence causes a drowning, the family of the victim can hire a Wrongful Death Lawyer in Nashville, TN and receive compensation for their loss.
Filing Suit After a Drowning
When a family member drowns due to someone else’s negligence or recklessness, you can sue the at-fault party in a wrongful death action. This can occur because a person caused the drowning, or because someone was negligent in the operation of a public pool or swimming area. For instance, if a lifeguard engages in reckless behavior and a drowning occurs, the pool operator may be vulnerable to wrongful death litigation. The same holds true if a spa, pool or swimming area is poorly maintained.
Boating Accidents
Many drownings occur during water sports. Water skiing, jet skiing and other sports can result in fatal injuries, and accidents can be no one’s fault, or can occur because of reckless behavior. For example, if a skier is hit by a boat and drowns as a result, the boat’s operator is legally liable. This can result in a wrongful death suit, or if the operator was under the influence of alcohol or drugs, they can be charged with manslaughter.
Regulations for Swimming Pools
Federal and state governments have enacted laws for those who operate public pools and spas. Many areas require public pool or spa operators to install covers on drains to prevent suction; older covers are usually inadequate to prevent entrapment and drowning. The newer covers prevent many drowning accidents every year.
Many pool operators have complied and upgraded the covers, but some have failed to comply because of financial reasons. If a person drowns in a pool that isn’t in compliance with drain cover regulations, the violation serves as evidence in a wrongful death claim. Michael D. Ponce and Associates can help you determine whether others should be held responsible for a drowning, and may be able to help you get a recovery.
