3 Drowning Accidents & Wrongful Deaths
Drowning is one of the absolute worst ways in which an individual can pass – no matter if they are someone of an advanced age, or just a small toddler of only a few years old. Plus, each and every year drowning accidents devastate thousands of families every single year. And according to Ms. Anissa Morris, the top wrongful death attorney Wesley Chapel has to offer, while all drowning cases involve a life ended too soon, some drowning accidents also involve legal liability. This does not mean that anyone meant for a drowning to occur, but rather that a legal liability of some sort was not met, and this led to someone drowning – as such, accidental. If an individual’s negligence or recklessness might cause another individual to drown, the victim’s family may receive compensation for the loss of their loved one, as a result of a wrongful death lawsuit.
In the event of a loved one suffering from a drowning accident, as a result of an individual’s negligence or the recklessness of another individual, the victim’s family may sue, alleging wrongful death. According to Ms. Morris, the top wrongful death attorney Wesley Chapel has to offer, this can be because someone else physically caused the drowning, or because whoever is responsible for the pool or waterway was negligent or reckless in the operation of the pool, and their behavior (or lack of action) caused the drowning in question. In example, if the incident were to take place alongside a public pool or public swimming area, that might offer lifeguards. If negligent or reckless behavior of a lifeguard contributed to a drowning death, the operator of the pool or swimming area may become liable for the wrongful death. The same idea can be true for a lack of maintenance at the site of a pool, spa, r the swimming area – causing someone to drown.
Boat Related Accidents
Interestingly enough, a vast number od drowning accidents occur during water sports activities – such as jet skis, wave runners, and water skiing. In essence, these activities, can lead to injuries and thus cause an individual to drown. This can be through accidents in which no one is at fault, or might happen due to someone’s negligent or reckless behavior. In an instance where a drowned water skier was to be hit by a boat and drowns, the driver of the boat may be legally liable for causing the drowning. This can mean civil liability for wrongful death, or in more extreme cases such as boating under the influence of drugs or alcohol, criminal charges for manslaughter.
According to the law, both state and federal governments have related certain requirements for those operating swimming pools or certain types of spas. In essence, federal law and state laws impose certain requirements on anyone operating a pool that becomes open to the public by any means. According to Ms. Morris, the top wrongful death attorney Wesley Chapel has to offer, federal law, and a growing number of state laws now require those operating public or semi-public pools or spas to install drain covers designed to prevent drain suction in pools and many hot-tubs. Older style drains cover has often proved inadequate to prevent people most often children from getting trapped by the suction around a pool’s drain, which pulls water out of the pool for recirculation. The newer drain covers aim to prevent the large number of drain suction drowning accidents experienced every year.
In most situations many public pool operators, including hotels, have already upgraded their drain covers, but some have no either due to oversight or to avoid the overall cost. If a drowning occurs within a pool, which is out of compliance with the law, that violation can count as evidence against the pool operator in a wrongful death lawsuit. With the help of an experienced wrongful death attorney like Ms. Morris, you can better determine who might be responsible for a drowning. For more information on such claims, or to schedule a consult in regards to the wrongful death of a loved one, be sure to contact Spinner Law Firm today.