As with any wrongful death, it may be frustrating and confusing to know where to turn or what to do when a loved one drowns.
When it comes to liability for drowning accidents, each one requires a different response.
Drainage systems
In the case of public pools, federal laws often require specific drainage and safety laws in place before anyone should be swimming. According to FindLaw, older pools can often lack these safety systems, which leads to serious injuries and accidental deaths. Drain covers, along with suction and recirculation equipment, can easily drown a child if left unfixed.
An establishment that does not upgrade their safety system out of lack of funds or because disregard for any potential issues is likely at fault if a death does occur.
Open water
If a wave runner or another vehicle fatally injures someone swimming at sea, the driver of the vehicle may be at fault. This also includes any instances of drug or alcohol use that could have influenced the accident.
Negligent situations can easily occur when a person, through inattention or under the influence of mind-altering substances, causes the death of a loved one. Horseplay in these situations can also lead to lethal accidents.
Lifeguards
Lack of action on the part of lifeguards can also be a cause of drowning deaths. Pools or other swimming areas that have no supervision may be open for lawsuits if someone dies under their care. The owner of a pool may even be at fault in a drowning case if he or she contributed to the negligence.