Drowning Accident Lawyer in Louisiana
Drowning is the fifth leading cause of accidental injury in the United States, with nearly 4,000 drowning victims succumbing every year—that’s about 11 a day. If your loved one has drowned, you’re likely devastated and unsure where to turn for answers.
While financial compensation won’t bring your loved one back, it can help pay for their funeral services and end-of-life care. It can also help ensure that fewer people suffer their fate in the future. However, proving that your family member died wrongfully, and who is to blame for their death, can be complicated. That’s why you need an experienced lawyer from Gordon McKernan Injury Attorneys to advocate on your behalf.
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What Causes Drowning?
While medically, drowning occurs similarly in all cases—water or another liquid prevents air from entering the lungs, suffocating the victim—there are many situations that can lead to an accidental drowning:
- Inappropriate fencing or a lack of barrier keeping curious children and animals away from a pool
- Lack of a protective cover on a pool when not in use
- Lack of proper locks or other access controls on a pool
- Improper supervision of swimmers
- Lack of a lifeguard or proper signage indicating the lack of a lifeguard
- Improper or missing markings on a pool or lake indicating water depth and other hazards
- Pool overcrowding
- Defective equipment
- Murky water
- Failure to meet industry safety standards
Local laws might require other safety guards in order to further mitigate drowning risks and remove causes of drowning. If a drowning occurs due to negligence of a pool or surrounding property, you may be able to file a premises liability claim against the property owner or management company responsible for its upkeep.
Recent Drowning Accidents in 2022
According to the Centers for Disease Control (CDC), Louisiana has the highest rate of drowning deaths in the continental U.S., and the second-highest rate of child drowning. Between 2018 and 2020, 57 children drowned in Louisiana—most of them in swimming pools.
Just this year, four people—three adults and one child—drowned in August while swimming the Sabine River. The child became distressed because of the strong current and all three men attempting to save him succumbed to the river as well.
Drownings also occur on boats, for example the drowning of three on Lake Maurepas in June. None of the men were wearing a life vest, which could have contributed to their deaths.
Injuries Sustained from Swimming Pool Accidents
Even near-drownings can hold lifelong consequences for victims, including disability, memory loss, and brain injury from drowning. These can lead to a decreased quality of life and an inability for the victim to take care of themselves, as well as a need for expensive medical equipment, therapy, and other costs.
By pursuing a drowning injury case with Gordon McKernan Injury Attorneys, you could recover needed compensation to pay for your injuries and other damages you suffered from a swimming pool accident.
Determining Liability in a Drowning Accident
When someone drowns, there’s a strong desire to seek answers and figure out who is at fault for their death. Any of these parties could contribute or cause a drowning, depending on the circumstances:
- Negligent lifeguards can be held liable for a wrongful death if someone drowned in the pool on their watch
- Faulty pool filters can pull a swimmer under the water and hold them there by suction, leading to a drowning death—in this case, the pool filter manufacturer could be held liable
- Parent or guardian negligence, for example if a parent walks away from the pool and their child drowns, can hold that guardian liable
- Swimmers participating in horseplay can lead to serious injuries, especially if one of them isn’t as strong as the others or if someone hits their head on the wall, causing unconsciousness
- The owner or manager of the hotel, home, or rec center where the drowning took place
Attractive Nuisance And Drowning Liability
The legal concept of attractive nuisance describes a property with attractive or appealing dangers without accompanying safety measures. For example, swimming pools are considered attractive nuisances, as well as tree houses and trampolines, because children may be attracted to using them without thinking about the dangers associated.
Because children don’t have the ability to comprehend the dangers they face with swimming pools, homeowners are required to be proactive to mitigate drowning risks as much as possible. The attractive nuisance doctrine, as a result, features the following key points:
- Children can’t always understand the dangers of a situation.
- If a homeowner has reason to believe children may enter their property, they have the responsibility to take necessary precautions to ensure their safety.
- If a homeowner fails to take these precautions, they can be held liable when a child is injured on their property, even if they trespassed.
This means that people with swimming pools should ensure their pool is enclosed in a locking fence, is preferably covered when not being used, and when children are swimming, they are supervised.
What to Do After a Louisiana Drowning Accident
If your loved one has drowned because of someone’s negligence in Louisiana, you might be unsure of where to turn. It’s likely that someone can be held legally responsible for your pain and suffering. You need a dedicated personal injury lawyer to advocate for your position against insurance and the other party’s interests.
Gordon McKernan Injury Attorneys have been practicing law in Louisiana for 30 years and have recovered over $2.5 Billion for our clients. We have what it takes to get you the compensation you deserve for your loved one’s drowning death. Give us a call at 888.501.7888 for a free consultation about your situation.
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