Losing a loved one to drowning is often a shocking surprise that leaves families grieving a tragedy that could have been avoided. Even when it is possible to administer CPR and get the drowning victim back, the shock and scare and the physical injuries involved can leave the individual with medical bills and other damages, potentially including long-term symptoms from the trauma.
Our lawyers help victims of swimming pool drownings and their families get compensation for what happened. In many cases, owners are responsible for the dangers their pool poses to guests and even trespassers. In cases involving water parks and pools open to the public, lawsuits might be more difficult in no small part due to the fact that these places often have legal protections in place to defend them from these kinds of suits.
For help with your case, call our swimming pool drowning attorneys at The Reiff Law Firm today at (215) 709-6940.
Suing for Wrongful Death for a Swimming Pool Drowning in Bucks County, PA
When someone dies from drowning in a swimming pool, their family might be able to file a wrongful death lawsuit. These claims are meant to help the family recover expenses related to the death and to pay them for their lost companionship and other damages.
Under 42 Pa.C.S. § 8301, these lawsuits are filed by the surviving family or a “personal representative” to recover damages for the family, including things like lost companionship. You can also file a lawsuit under § 8302 for the damages the victim could have sued for if they had survived the accident, such as their pain and suffering from the accident and their medical bills before death.
Swimming pool deaths often involve the loss of a young child. When a child passes away, the family will have expenses related to their end-of-life medical care, especially if the child lingered for days in the hospital before passing. They will also have lost companionship and affection claims, as well as burial and funeral costs. However, there usually will not be damages for their lost income, as there would be in a wrongful death lawsuit for an adult victim.
Suing for Drowning Injuries in a Swimming Pool in Bucks County
Just because someone “drowned” does not automatically mean that they died. Many people can be rescued from drowning by quick action, saving them from the worst outcomes. Even so, there may still be serious injuries involved that our swimming pool drowning attorneys can help you recover compensation for.
While drowning, oxygen is cut off, and lack of oxygen to the brain can cause serious injuries. These hypoxic or anoxic brain injuries can lead to partial tissue death and other long-term injuries and disabilities. Drowning can also hurt, leaving you with chest pain in the coming days, either from the drowning itself or from CPR.
In addition to the effects of drowning itself, the victim might have injuries from whatever led to the drowning. For example, if the victim was pushed into the wall of the pool and hit their head on the cement edge, they could have a concussion or traumatic brain injury that caused them to pass out and begin to drown. Other injuries might also lead to drowning accidents happening in the first place.
Who to Sue for Drowning Injuries in Bucks County
The owner of the pool is likely responsible for drowning accidents. This is true whether that owner is an individual homeowner or a company operating a water park, public pool, swim club, or other commercial entity. There are, however, some other parties that could be sued in certain accident cases.
Homeowners
People with pools behind their houses are liable for what goes on in that pool. If they failed to supervise guests on their property who ended up drowning in their pool, that is likely their liability. This is also true even when those people are trespassers in many cases under a doctrine known as the “attractive nuisance” doctrine. Pool owners need to take additional steps to cut off pool access from their neighbors’ children and others who might be attracted to the pool, thus preventing any accidents.
Water Parks/Splash Pads
Water parks with wave pools, swimming pools, children’s pools, and splash pads are a common summer attraction for families with children. While the parents retain a certain level of responsibility over their children, lifeguards are responsible for keeping kids safe most of the time. There may be terms and conditions about liability in these areas, including “swim at your own risk” provisions, but these are often not enough to block liability when a lifeguard is supposed to be there to keep kids safe.
Public Pools
Suing public entities is often harder than suing private entities. These lawsuits involve additional rules and requirements, including shorter notice deadlines and caps on damages. Our lawyers can help you determine what needs to change in your lawsuit if the entity that owns the pool was a government entity.
Pool Clubs and Swim Clubs
Private pools, like water parks, might have terms and conditions about your membership to help try to insulate them from lawsuits, but they might not be effective to block these lawsuits from succeeding. However, these kinds of entities often have more money and better insurance, especially if they are part of a country club or host swim teams and swim meets and competitions. This might mean that their legal teams are more aggressive, making it harder to get compensation without your own aggressive legal team on your side.
Other Swimmers
Swimmers who are unaware of other people might accidentally kick them, knocking them out and causing them to drown. Horseplay in the pool could also lead to someone hitting their head. In these cases, the accident could be the lifeguard or pool owner’s fault for failing to properly supervise other swimmers and watch for drowning swimmers, or it could be the other swimmer’s fault for causing the initial injury.
Call Our Swimming Pool Drowning Lawyers in Bucks County Today
For help with a legal claim for injuries or death, call the swimming pool drowning attorneys at The Reiff Law Firm at (215) 709-6940 today.
