Swimming pool drownings can be some of the most tragic accidental deaths. Often, these accidents affect young children, taking away their entire future in what often comes down to a short period of inattention or negligence. Even in cases where the victim can be saved, drowning accidents can result in short-term and long-term injuries that need compensation.
Our attorneys can take the responsible parties to court and fight to get you compensation for your injuries or your child’s injuries. When these accidents happen, it is usually because an adult in charge failed to properly supervise swimmers or even because the pool owner failed to properly secure their pool against children who might wander over to their yard.
Reach out to our swimming pool drowning lawyers at The Reiff Law Firm for a free review of your injury case today by calling (215) 709-6940.
Who Can You Sue for Drowning Accidents in Bethlehem, PA?
Drowning does not necessarily mean death. Pool owners and other parties can often be sued for all kinds of accidents in the pool that lead to drowning, even when the victim is ultimately saved. Of course, drowning deaths involve the most serious harm, but the action or inaction that leads to the drowning is not necessarily that different in deadly pool drowning cases.
In any case, our swimming pool drowning lawyers can investigate the facts of your case and help you determine which parties are responsible. Likely, the culprit will be one of the following parties:
The Pool Operator
If the pool was operated by a local township, a private swim club, or even a nearby water park, the company that operates the pool might be liable for drowning deaths. Often, when there is a price for admission, there are certain waivers that come with your ticket. However, many of them have language that is not specific enough or obvious enough to make the waiver enforceable. Some “pool rules” might be posted, including signs saying, “Swim at Your Own Risk,” but these also make ineffectual liability waivers in some situations.
Especially when it comes to safety problems with the pool itself, the owner could be liable.
Lifeguards
There is not necessarily any affirmative duty for a lifeguard to jump in and save a drowning swimmer. However, once a lifeguard does get involved, they have a duty to do so reasonably, or else they can be liable for mistakes leading to further injury or death.
There are also many ways in which lifeguards – especially in places with children – are seen as responsible for supervising children in the water. In some cases, this might create certain duties to keep them safe, especially when they involve themselves by giving safety instructions and other commands to the children.
Other Swimmers
Often, drowning accidents happen because other swimmers were playing too roughly and injured the victim. Pushing someone into the pool, carelessly kicking them in the head while swimming, or even pushing them into the concrete rim of a pool can easily lead to head injuries that leave the victim unable to swim to the surface. When drowning injuries happen this way, there are two injuries to deal with: the initial injury that caused the drowning and the injuries from the drowning itself.
Homeowners
When someone has a pool in their backyard, they take on a lot of additional liabilities and risks that could make them at fault when someone gets hurt or dies in their pool. First, when other adults bring children to their house to swim (especially if they drop them off and leave), those adults are going to be responsible for their safety and supervision. Many accidents happen because the adults left in charge step inside for a few minutes or because children wander out to the poolside while the adult is doing something else. If this causes a drowning, it is likely the homeowner’s fault.
If someone has a pool in their backyard, they need to secure the area around it with a fence or take other steps to prevent trespassers – especially children – from going into their yard and getting injured in the pool. A doctrine called the “attractive nuisance” doctrine can often allow parents whose children drowned in a neighbor’s pool to hold the neighbor accountable if they did not have proper fences or pool covers available to stop children who might not know any better from entering their pool.
Suing for Death and Injury from Drowning in a Swimming Pool in Bethlehem
People who have been injured – or their families in the case of injury to a child – can sue for injuries that they can prove were caused by someone else. Whether the cause of action is filed based on a claim of intentional assault and battery or some kind of negligent injury, our lawyers can help them recover compensation for medical bills, lost wages (if that applies), and pain and suffering damages. Often, for swimming pool drowning injuries to children, medical bills and pain and suffering are the focus, though injuries that cause long-term disabilities can lead to compensation for future lost wages, too.
In cases where a loved one dies in a drowning accident, the family is entitled to additional damages in a wrongful death lawsuit. In a “survival” action, the family can recover any damages that the victim would have been able to sue for if they had survived the drowning, including the medical bills, lost wages, and pain and suffering they faced before passing. The family can also get compensation in the wrongful death action for the harms they suffered, such as reasonable funeral expenses, lost companionship damages, and lost income for the family.
Call Our Swimming Pool Injury and Accidental Drowning Lawyers in Bethlehem Today
For help with your case, call (215) 709-6940 for a free case assessment with the swimming pool drowning attorneys at The Reiff Law Firm.
