Swimming pool and water park drowning lawsuit investigations:
- Drowning, near drowning, and spinal cord cases.
- Inadequate warning signs (No diving, No lifeguards, dangerous water, etc.)
- Improper safety equipment
- Inadequate fencing, gate, latches, or barrier around pools, spas, and whirlpools
- Diving board malfunctions
- Slide defect
- Ladder defect
- No lifeguards, or poorly trained lifeguards
- Dangerous water park
- Dangerous wave pool
- Poorly enclosed pool drains, spas and whirlpools
- Electrical shock – https://cliffroberts.com/practice_areas/electrocution-lawyer/
- Toxic pool chemicals and burns
- Shallow water
- Water clarity
- Inadequate alarm or cover
- Attractive nuisance
- Unsafe drain – suction entrapment
- Failure to provide life jackets
- Excessive alcohol
- Lack of supervision
- Unsafe pool design
- Apartment, beach, hotel, water park, country club, camp, private home
- Boating accident
- Lack of emergency equipment
- Delay in proper emergency response
- Unsafe water ride
- And many others
Victims of drowning
Swimming pools and water parks are among the most dangerous recreational areas for children and adults. The Consumer Product Safety Commission has reported that drowning is the leading cause of unintentional death among children ages 1 to 4 years. In addition, drowning is the second leading cause of death in children ages 5 to 14 years old. An average of 367 children younger than 15 drown each year.
It is very sad that so many children are often victims of pool and water park drownings. It takes less than five minutes and as little as two inches of water for a child to drown. The most worrying thing about these drownings is that they can occur rapidly and silently.
Also, it is reported that an average of 5,600 children go to emergency departments each year due to incidents in pools, water parks or spas. Nonfatal drowning can actually cause brain damage that results in long-term disabilities. In addition, pool and diving board accidents can have a high risk of spinal cord injury. Paraplegia and quadriplegia accidents can leave victims paralyzed for life.
Hazards can be avoided
Many of the hazardous situations involving pools or spas occur when no one is actually in the pool or supposed to be around it. Why? Because the pool is not under the supervision of a responsible adult or individual at that particular point. As a direct result of that, anyone, and in most cases it happens to be a toddler or young child, can stroll into the swimming pool area without anyone else noticing and without any consent whatsoever and drown. However, many times there is negligence involved concerning the pool or water park owner which causes a drowning or a negligent rescue situation. These cases tend to turn on the specific facts of each case and are influenced by State law in many cases.
The loss of a loved one in a pool or water park accident or a catastrophic injury can be emotionally and financially devastating. That is precisely why it is important that you hire the best water accident attorney available for your case. Furthermore, you want to hire a lawyer that has good chance at success. Cliff Roberts understands the devastation and the emotional toll that this tragedy places on a loving family. Cliff has been evaluating pool claims all over the United States for over 25 years. If you contact us, Cliff will investigate your accident immediately.
If he accepts your case, Cliff will pursue maximum compensation in a drowning lawsuit for you and or your loved ones. Cliff believes that injury and drowning victims deserve Justice. If a lawsuit is necessary, we can associate an expert team in your State to work with us at no additional fee to you. The responsible parties and their insurance company will have attorneys protecting their interests. A water accident Lawyer can help you protect your interests.
Cliff will never charge you a fee unless you get a cash recovery. In addition, your fee will never increase just because you have a great team of lawyers on your side.
Where do these drownings and injuries occur?
These accidents can occur anywhere there is a body of water.
Often times accidents occur at a private home pool or hot tub. Yet, accidents can also happen at a public pool, apartment complex, hotel, motel, school, water park, bathtub, toilet, bucket, lake, river, ocean, amusement park or elsewhere.
Who Is liable for these accidents?
There are typically three types of “entrants” to a pool property: invitees, licensees, and trespassers. Pool owners and water parks have a different level of responsibility and liability for the safety of each type of entrant.
Public pool or water park visitors are typically classified as invitees. Pool owners have a responsibility to maintain and repair the pool to ensure it is safe for these visitors. Guests of a pool on private property are usually licensees. Pool owners must warn these visitors of safety hazards that are not readily apparent.
The attractive nuisance doctrine states that pool owners must make reasonable efforts to prevent children from entering without the owner’s knowledge, such as putting up a fence or other barrier to the pool.
Unfortunately, far too many swimming pool and water park accidents are the result of property owner carelessness. Negligence can play a part in many drownings and near-drowning cases. A lack of supervision or a problem with the premises may be to blame. However, we believe that there are legal obligations to provide a safe swimming pool and water park area for children and adults.
Ownership and operation of a swimming pool usually requires supervision, fencing, and covering of unattended pools.
Premises & Product Liability Laws can help hold negligent parties responsible and accountable.
If you or your child has been seriously injured or killed in swimming pool or water accident we know that it may be devastating to the whole family. Therefore, we will relentlessly search for all parties or companies that are responsible for the accident.
Early Investigation is the key to your case
It is important to investigate the case as soon as possible. It is important to gather:
- Photographs of the scene of the accident
- Statements of all Eyewitnesses
- 911 tape recordings
- EMS paramedic transport logs
- All police or investigative reports
- News, newspapers, or television broadcast copies
- Medical records and autopsy results if performed.
What damages are potentially recoverable:
- physical and mental pain and suffering,
- mental anguish,
- physical and mental impairment,
- medical expenses,
- loss of earnings,
- loss of earning capacity,
- and prejudgment and post judgment interest.
- Furthermore, when the responsible party acted with malice, there may be punitive damages.
The deadline for filing a claim varies by State. It will depend on the facts of each case. If you do not file your drowning lawsuit by the deadline, you will lose your right to recover any money at all. Cliff Roberts can tell you the specific deadline in your case.
It is very important that you take action now. Please e-mail us the short case review form. Our evaluation is free and confidential.
Please know that we stand ready to help you seek the compensation and the closure you deserve for this tragedy.
Why Cliff Roberts and what do you deserve as our client?
- You deserve to talk directly with attorney Cliff Roberts within 24 hours of submitting your Free Case Review Form.
- You deserve an attorney that has successfully maintained responsibility for over 1000 injury or death claims.
- You deserve an attorney that will never charge a fee unless a recovery or settlement is reached for you.
- You deserve a persistent and determined attorney with over 25 years experience who is willing to do what it takes for your justice.