Our wrongful death attorneys know that dealing with the premature death of a loved one is difficult, and can bring with it some very tough questions. How did this happen? What could have been done to avoid this? Who is to blame?
Official estimates indicate that there are over ten million swimming pools in the United States, including over 350,000 public pools. While there’s no doubt swimming pools are fun and relaxing, they also can be rather dangerous, especially for small children. Statistics indicate that drowning is the second leading cause of death in children under the age of 15, with approximately three children drowning every day. Even when a person survives a near-drowning, they may still suffer severe and life-changing injuries.
The Centers for Disease Control and Prevention reported that the most likely victims of drowning in the United States are children between the ages of one and four and that this age group is more likely to be in a swimming pool when a drowning occurs. A child only needs to be unsupervised for a few seconds to run into trouble, and the majority of children who drown have been out of sight for fewer than five minutes.
While drowning is the most common result of a swimming pool accident, it is certainly not the only one. Other possibilities include slips and falls, chemical burns, diving injuries, and more.
According to government research, there are four children who require emergency medical treatment because of submersion injuries for every one child who drowns. Studies conducted by the Consumer Product Safety Commission indicate an average of 5,100 of these types of injuries occur every year.
Other research indicates that nearly 80 percent of people treated for submersion injuries are children who have not yet reached their 5th birthday, and most of those accidents occurred in swimming pools. Permanent brain damage is the single greatest concern for victims of submersion injuries.
One of the frequent causes of swimming pool accidents and drownings in Dallas-Fort Worth is the lack of pool safety features. The lack of drain guards, fences, life rings, and other safety tools is an obvious (and unfortunately common) indication of negligence.
Hot tubs, jacuzzis, and pool drains can be very powerful. When they’re not properly shielded, children can become trapped by the suction. This can cause drowning, as well as injuries to the bowels or other body organs. In 2007, the Virginia Graeme Baker Pool and Spa Safety Act was passed in order to require anti-entrapment drain covers and other safety devices.
If you feel that your loved one's drowning death was caused by someone else's negligence, reach out to our Dallas wrongful death law firm and schedule your free consultation as soon as possible.
Large bodies of water are inherently unsafe. Because of this fact, it’s the responsibility of the pool operator (whether it’s a Dallas apartment complex, hotel, public pool, etc) to make sure swimmers are as safe as possible by having safety procedures in place such as:
When the property owners fail to follow the law and their negligence contributes to a person’s injury or death, the family of the deceased person is allowed to sue for damages under what is called premises liability.
If a member of your family died in a drowning incident in the Dallas area that occurred due to someone else’s negligence, you have the right to file a wrongful death lawsuit to recover compensation for the damages you have experienced. You may experience financial strife involving medical bills, funeral costs, pain and suffering, and more. Contact one of our wrongful death lawyers at Rasansky Law Firm to learn more about your legal options.
Drownings are also one of the main causes of injury and death in children between one and 14 years old.
Even if they survive, a near-drowning victim can still sustain severe and devastating injuries that could potentially result in cognitive impairment or a lifelong disability, such as:
Drowning is what happens when liquid covers your nose and mouth. It cuts off the only two ways you have to breathe, causing you to suffocate. In the movies, drowning is often depicted as someone thrashing about and waving their arms, in real life, however, drowning is almost always silent and the outcome is often fast and fatal.
Drowning can take place with no warning, but victims can also experience latent injuries after being revived. This is usually the case in situations where complications from the initial incident were not properly treated.
Symptoms that most drowning victims experience after a near-drowning are:
Difficulties can also arise following the incident, even when the person appears to be okay. Some indications of latent drowning injuries include:
Even though these complications are actually quite common, they can also be fatal. If you lost a family member in a drowning accident, contact our Dallas wrongful death law firm today and ask about a free consultation.
Understanding where most wrongful death drownings occur can help you stay vigilant and keep your family safe. According to recent statistics, some of the most common sites of fatal drowning accidents are:
People can drown almost anywhere there is water: hotel swimming pools, resorts, apartment complexes, backyard pools, rec centers, and even bathtubs. In fact, a toddler can drown in as little as two inches of water. The leading causes of near-drownings and fatal drownings in Dallas include:
Speak with one of our Dallas wrongful death lawyers today to find out how to initiate a successful wrongful death claim if you recently lost a loved one in a fatal drowning accident.
Establishing responsibility for a drowning incident usually starts with establishing whether or not any negligence was committed by the owner of the property where the drowning took place. This decision will be based on the specific circumstances surrounding the accident along with other factors, like where the accident happened and what, if any, safety measures, were taken to prevent drowning from happening. Once fault is established, a wrongful death lawsuit can be filed.
If your family member drowned on private property, the property owner could be held accountable for damages via a wrongful death claim. The property owner’s liability may, however, also be affected by whether the victim was trespassing when the incident occurred and whether or not appropriate barriers, such as fencing, were in place.
Public pools can pertain to fitness center pools, community pools, pools on school grounds, and pools at water parks or amusement parks. The person or persons who are likely to be held responsible for a drowning death that occurs on these types of premises are usually the operators and/or owners. Members of staff, like lifeguards, could also be held responsible for fatal or near-drownings.
Drownings related to boating accidents claim an estimated 330 lives every year. Drownings caused by boating accidents or other watercraft accidents are the highest in coastal states such as Louisiana, Florida, Texas, and California.
Liability in these accidents will depend largely on what caused the accident. For example, if a person on a boat falls overboard and drowns, the operator and/or the owner of the boat could be held accountable for the death.
Operators and owners of other types of watercraft can also be held answerable if the driver was under the influence of drugs or alcohol when the accident occurred, or if they failed to have an appropriate number of certified life jackets onboard.
Some additional parties who could potentially be potentially liable for a drowning accident include:
Communities, organizations, and individuals who have a swimming pool on their premises have a duty to make sure that certain safeguards are enacted in order to prevent any accidental drownings. If these safety precautions aren’t taken, then the business, property owner, organization, or other entity could be held responsible if a drowning takes place. Establishing fault can be extremely complicated following an accidental drowning. That is one reason why it is vital to contact our Dallas wrongful death lawyers.
Passed as a federal law in 2007, the Virginia Graeme Baker Pool and Spa Safety Act requires property operators and pool owners to maintain safety procedures and safety devices in order to prevent injuries and drownings.
Other legal concepts that can influence liability in cases of accidental drownings are:
Like other personal injury claims, proving liability in a drowning accident is quite difficult due to the numerous negligence issues that come into play. For instance, if structural issues, such as defective latches or gates, a faulty pool filter, or other defective equipment contributed in any way to the drowning, then the distributors or manufacturers of those products can also be found at fault. Similarly, overcrowded pools and swim areas, inattentive lifeguards, and unqualified or incompetent workers can leave management, property owners, and other parties vulnerable to additional liability in cases of accidental drownings.
Drowning accidents are devastating. They leave the victim’s friends and family wondering how such a thing could have happened. Although losing someone you love is always heartbreaking, grief is particularly hard to deal with when you know the situation could have easily been prevented. Sadly, drowning incidents in Texas and across the United States have risen steadily over the past few years.
If you were injured in a near-drowning incident, or have lost a family member in an accidental drowning in Dallas, call the Rasansky Law Firm today at (214) 651-6100 to schedule your free consultation with a Dallas drowning accident attorney who will help you recover compensation. We work on a contingency fee basis. If we do not win your case, you owe us nothing.
Whether in a bathtub or a swimming pool, anyone can drown, but by taking proper safety precautions, accidental drowning can be avoided. The Centers for Disease Control and Prevention has published some recommended steps to help stop accidental drownings, including:
The majority of drowning accidents that involve young children can be prevented by simply ensuring that children are consistently supervised when they are near or in the water. It does not matter if it’s a creek, the ocean, a bathtub, or even a kiddie pool that is only partially full, children should never be left unattended around water. If there is even the slightest chance that the child will be unattended for any length of time, an adult should make sure that any access to the water is closed, locked, or otherwise secured. By making sure that young children are always under direct supervision when they have possible access to water, a lot of tragic drownings could be avoided.
Additionally, anybody in charge of overseeing children near water needs to be mindful of avoiding any possible distractions, such as:
Finally, anybody who is responsible for supervising children in or near water should also take measures to educate themselves about any potential dangers, particularly if they are in a new or unfamiliar area, such as someone else’s home or on vacation. For instance, adults should always find out the water conditions as well as any information on riptides, currents, and other perils before taking a child to the beach.
Although constant supervision is critical in deterring the majority of unintentional drownings, it is simply not possible to watch a child every single second of the day. To discourage children from entering a swimming pool area without an adult present, the CDC advises that pools be fully enclosed by a fence that separates it from the residence. This four-sided fence should also be equipped with self-closing and self-latching gates. By utilizing proper barriers, parents and guardians can stop children from entering the swimming pool area unsupervised.
Learning how to swim will also help lessen a child’s odds of drowning. When children learn how to swim at a young age, they are more likely to retain basic water survival skills, like knowing how and when to come up for air, and how to always be aware of their quickest exit out of the water. Even small babies can learn to roll over in water in an emergency.
Wearing a life jacket will greatly cut down on the possibility of drowning for swimmers of all abilities and ages. Young children should always have a life jacket on when they are near or in a natural water source such as a river or lake. Those with weaker swimming abilities should wear a life jacket around all sources of water, including swimming pools.
A wrongful death claim makes it possible for the deceased’s surviving relatives, such as their spouse, to ensure that anyone who played a role in the fatal drowning does not escape liability.
According to Texas wrongful death laws, the surviving members of the deceased’s family are permitted to file a wrongful death claim in order to pursue recovery for the economic burden resulting from the victim’s passing. The filing of a wrongful death claim is substantiated by the fact that, had the deceased survived the drowning incident, they would have been entitled to pursue a personal injury claim against the person liable for the accident.
Although most states do permit wrongful death claims, the laws in terms of who is able to file vary from state to state. The Texas Civil Practice and Remedies Code says that surviving family members who are eligible to file a wrongful death claim on behalf of the decedent are the following members of their immediate family:
There may be extenuating circumstances in which the representative for the deceased person’s estate may file the claim. Contact a Dallas wrongful death lawyer to find out who can file your specific case.
Even though there is no amount of money that can bring back your family member, a wrongful death lawsuit can alleviate the financial strains often associated with an unexpected death. Generally speaking, surviving relatives might be able to collect compensation for three kinds of damages. Recovery also varies from state to state but in Texas, most claimants can expect to recover:
There are a multitude of factors that could influence who receives the damages in a wrongful death case. Family members who may be eligible to claim a Texas wrongful death suit include parents, children, and spouses. Siblings and those considered distant relatives of the deceased are not usually eligible to file a wrongful death claim.
The overall value of a case is based on several different elements. The first thing to be considered is who is liable. Secondly, you must consider the amount of damages that are incurred; this includes things like hospital expenses, funeral costs, lost wages and more. Additionally, in either scenario, an attorney will examine how the drowning-related injury or death has affected the quality of life of the victim’s surviving family members.
Both forms of damages, economic and non-economic, can be significant. Our wrongful death lawyers will review all of the medical expenses and associated bills relating to the incident. They will also calculate every dollar of income that was lost, whether through wages that the victim would have earned or you being unable to go back to work in order to let your injuries heal. They will also look at how the victim’s life and the lives of their family members have changed since the accident when determining the value of wrongful death claims.
Our Dallas wrongful death lawyers compel the insurance provider to make a reasonable settlement offer that covers both current and future damages. If they refuse to make a fair and equitable offer, we are not afraid to take your case to trial.
At Rasansky Law Firm, we know that losing someone you love in a wrongful death caused by drowning is emotionally traumatizing as well as overwhelming financially. The last thing you need is to add to your stress by trying to sort out the legal intricacies of filing a wrongful death claim. Establishing liability for wrongful death due to drowning comes with more complications than most other kinds of wrongful death claims. Our Dallas wrongful death lawyers can put their experience to work for you by handling all legal aspects of the claim on your behalf while you and your family focus on grieving.
Once you sign with our firm, your wrongful death lawyer will conduct a detailed investigation into the incident, collect any related evidence, and establish potential liability. During the investigation, your attorney will compile evidence that includes:
Any evidence gathered by your wrongful death lawyer will be used to establish who might be responsible for the accident and to help determine a fair amount of financial compensation. The evidence that is collected during the investigation will play a vital role in defending your claim during negotiations with the insurance carrier, or in proving your case to a jury if it goes to trial.
Most property owners, including homeowners, have some degree of insurance coverage that protects them from the costs of a potential personal injury claim stemming from a drowning incident. The insurance adjuster’s primary goal is to protect his company’s bottom line by keeping all payouts to a minimum and denying as many claims as possible. Insurance companies have teams of attorneys whose job is to do whatever is necessary to save the company as much money as they possibly can.
This often includes actions such as:
Working with a team of experienced wrongful death lawyers will show the insurance provider that you are very serious. It will essentially level the playing field between you and the insurance company. The Dallas wrongful death lawyers at the Rasansky Law Firm will use their understanding of the insurance company’s strategies and of Texas law to ensure that you are awarded the maximum amount of compensation for your injuries and other damages.
If both sides reach an agreement on a compensation amount, then a settlement can be reached without going to trial. Settlement offers and counteroffers are usually swapped several times before a final settlement amount is reached. If a settlement amount cannot be mutually agreed upon, the case will then go to trial. Our Dallas wrongful death attorneys are prepared to go to trial if need be. However, most cases are able to settle before that happens.
If your loved one has drowned as a result of negligence, our Dallas wrongful death attorneys can help your surviving family members seek the justice they deserve. Don’t let this negligence continue. Prevent a future accident by holding responsible those whose negligence resulted in the wrongful death claim. For a free consultation with one of our attorneys for free, fill out the online email form or call our office at (214) 651-6100.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100
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