With summer comes trips to the pool, whether at a neighbor’s home or a local country club. Unfortunately, this presents the risk of drowning accidents, which are often serious for victims.
Property owners are often liable for drowning accidents in their pools in West Chester. This applies in various situations, including private and public swimming pool accidents. Identifying the liable party quickly is important, as victims and their families typically need compensation fast. Drowning accidents are often disastrous, leading to fatal and anoxic brain injuries in many victims. Whether a drowning accident lawsuit is for injury or wrongful death, the statute of limitations will be two years.
To get a free and confidential assessment of your case from our West Chester, PA swimming pool drowning attorneys, call The Reiff Law Firm today at (215) 709-6940.
Liability for Swimming Pool Drowning Accidents in West Chester, PA
When drowning accidents happen, whether they lead to fatal or serious injuries for victims, property owners may be liable. Our attorneys can help you determine liability in your case so you can promptly proceed with a lawsuit in West Chester.
After an accident at a swimming pool, identify the property owner. If the accident happened at a neighbor’s house, they might be liable. The property owner may also be liable if the accident happened at a West Chester country club or public swimming pool.
Once we identify the property and pool owner, we can begin looking more closely at the circumstances of the drowning accident in question. For example, suppose the incident happened at a public pool. In that case, it may have been because a qualified lifeguard was not on duty to respond to the incident and prevent significant injury.
Drowning accidents might happen when pool owners fail to install the necessary fencing around their properties to deter visitors, namely children, from wandering and accidentally falling into a pool and drowning.
When preparing your case, our lawyers must identify how the pool owner was negligent or how their failure to maintain a safe environment led to the specific drowning accident in question.
Especially at public pools, a lack of depth markers or signs prohibiting diving, running, or other dangerous behavior could also lead to drowning accidents, making a pool owner liable.
While many view drowning incidents as entirely accidental, they often happen because of negligence, entitling victims to compensatory damages in West Chester. Confirming this with our swimming pool drowning attorneys soon after an accident is important so we can prepare and file a case quickly.
Common Outcomes of Swimming Pool Drowning Accidents in West Chester, PA
While not always fatal, drowning accidents are typically serious, often resulting in significant injuries due to a lack of oxygen. These injuries might be permanent, forever affecting a victim’s quality of life.
The risk of death in drowning accidents is higher for child victims, as drowning is the leading cause of death in children ages one to four, according to the Centers for Disease Control (CDC). Furthermore, the CDC reported over 4,500 drowning fatalities nationwide between 2020 and 2022, illustrating the seriousness of these accidents.
When drowning accidents are not fatal, they might cause permanent anoxic brain injuries. These injuries happen when oxygen flow to the brain gets cut off. When the brain is without oxygen for just a few minutes, permanent damage might be done. For child victims, the amount of time it takes to sustain an anoxic brain injury might be even shorter.
Some drowning accidents happen because victims trip and fall into pools, hitting their heads in the process. When victims immediately lose consciousness after falling into a pool, they might be more likely to sustain permanent anoxic brain injuries or die because of drowning in West Chester. Head injuries need immediate medical treatment to determine the full extent of a victim’s injuries.
Suing Negligent Parties for Swimming Pool Drowning Accidents in West Chester, PA
Victims who survive drowning accidents can often file premises liability claims against negligent pool owners in West Chester. If your loved one died in a fatal drowning accident, you may be able to file a wrongful death claim in their place.
The statute of limitations to sue for injuries due to negligent property maintenance, including swimming pool drowning accidents, is two years, according to 42 Pa.C.S. § 5524(2). The same filing limitation applies to wrongful death lawsuits brought because of fatal drowning accidents.
To benefit from a wrongful death lawsuit, you must be the victim’s spouse, child, or parent, according to 42 Pa.C.S. § 8301(b). If a victim has no living primary beneficiaries, their personal representative can recover damages in a claim. Our swimming pool drowning accident lawyers can help identify who among the victim’s survivors is a qualified plaintiff.
Filing your lawsuit within the statute of limitations is paramount. If you try to file your claim late, the court may dismiss it, leaving you without a viable path to recovery.
When preparing your case, our lawyers can highlight all damages from the accident, including medical bills and lost income. We can collect evidence of these losses to submit as proof of damages in your lawsuit.
Taking drowning accident claims to court may result in greater damages for victims in West Chester. When you settle with a defendant, you risk agreeing to a lower amount than you actually deserve. Victims who survive drowning accidents with anoxic brain injuries or other permanent injuries might experience considerable pain and suffering, emotional distress, and mental anguish while adjusting to their new quality of life. During a trial, the jury can evaluate your pain and suffering and award non-economic damages that might otherwise be unbailable in a settlement, depending on the case.
Call Our West Chester, PA Lawyers for Help Today
Call The Reiff Law Firm’s swimming pool drowning attorneys at (215) 709-6940 for a free case review.
