Cleveland Drowning Accident Lawyer

Name: Ohio Personal Injury Lawyers - Joseph Law Group, LLC
Brand: Joseph Law Group
Rating: 4.8 (101 reviews)

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Joseph T. Joseph, Jr.

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“The Joseph Law Group and it’s staff were knowledgeable and courteous while handling my case. They stayed in touch with me to see if everything was alright. I highly recommend my family and friends to utilize their services.”
Robert Lawson

Personal Injury Attorneys for Drowning Accident Injury Victims in Cleveland, OH and Surrounding Areas

For most people, swimming pools mean a time for relaxation, fun, and time splashing with friends or lounging by the pool. However, the fun can turn into tragedy quickly when someone is injured or killed in a drowning accident. It only takes a few minutes for someone to drown.

The effects can be devastating when someone is injured or dies due to a drowning accident. You will need an experienced attorney to help you with the legal and emotional effects of a swimming pool injury or drowning.

At Joseph Law Group, our legal team has the knowledge and experience it takes to handle even the most complex drowning cases, personal injury cases, and wrongful death cases. We have helped many families obtain compensation for the negligence that results in drowning injuries or death. Call our Cleveland premises liability attorneys at the Joseph Law Group at (216) 522-1600 for your free consultation today.

How Do Accidental Drownings Occur?

Drowning is a leading cause of death for children. According to the CDC, more children from the ages of 1-4 die from drowning than any other cause of death, and for children ages 5-14, drowning is the second leading cause of death behind car accidents. While children are at a higher risk of drowning, anyone can drown. The causes of drowning accidents can vary. Some of the most common reasons for drowning include:

Not being able to swim
Negligent supervision
Lack of safety features
Inadequate warning signs
Poor maintenance of the premises
Unsafe weather conditions
Boating accidents
Drinking alcohol or using drugs

No matter how big or small, drowning accidents can occur in any body of water. Most drowning incidents arise at one of the following locations:

Beaches
Lakes
Rivers
Pools
Bathtubs

Types Of Injuries Caused By Drowning Accidents

Swimming pool accident and drowning victims often sustain serious injuries that result in long-term or even permanent disabilities. These injuries can include the following:

Permanent brain damage
Spinal cord damage
Broken bones or fractures
Lacerations

Near drowning injuries occur when the person cannot breathe after being underwater. Fluid enters the lungs and prevents the person from getting oxygen. Some of the health problems that can arise after an accidental drowning include:

Brain Edema

Swelling caused by fluid buildup could be the cause of brain cell damage that is a result of a lack of oxygen for an extended period.

Hypothermia

Hypothermia occurs when a person’s body temperature drops too low for an extended time period of time. Hypothermia can lead to organ failure and even death.

Pneumonia

The inhalation of water can also lead to an infection of the lungs called pneumonia. Removing as much water as possible from the lungs is essential to prevent further injury.

Acute Respiratory Distress Syndrome

Also referred to as ARDS, Acute Respiratory Distress Syndrome is a sudden and severe condition that occurs when the lungs swell and fill with fluid. ARDS can cause extreme shortness of breath and may lead to respiratory failure. The signs and symptoms that a person has suffered drowning injuries include:

Swollen abdomen, nausea, or vomiting
Bluish skin
Confusion or loss of consciousness
Coughing, increased breathing, shortness of breath, or wheezing
Faster or slower than normal heartbeat
Weak pulse or loss of pulse

Who Is Responsible For Drowning Accidents?

In many cases, It can be challenging to determine who is held liable for preventable death and injuries. Multiple parties can be involved, including a landlord, lifeguard or pool staff, and sometimes the victim’s surviving family members.

Private Property

If death or injury occurs due to a person drowning on private property, the property owners may be liable. The liability is because the property owner must ensure that their guests are safe and aware of any potential dangers.

Public Facilities

If death or injury occurs in public pools, including a hotel or water park, the lifeguard or public pool staff may be liable for the victim’s death or injury. However, owners of public and private swimming pools are generally responsible for their guests’ safety and providing supervision.

Boating/Watercraft Accident Drowning

The operator of the watercraft may be liable if drowning or other injuries occur as a result of a boating or watercraft accident. It is because they are responsible for the safety of their passengers, and must take any necessary precautions to avoid boating accidents.

The owner or operator involved may be held responsible if they failed to provide life jackets, or if for example the operator was under the influence of alcohol or drugs at the time of the accident.

Product Liability

A malfunctioning product might have played a role in the drowning accident. In this case, the victim or their family can file a product liability claim against the manufacturer of the defective product.

Other Types Of Swimming Pool Accidents

While drowning is the most well-known type of swimming pool accident, swimmers are vulnerable to several swimming injuries. A swimming pool is rife with multiple risk factors, including wet and slippery flooring, large bodies of water, electrical hazards, and hazardous chemicals.

Some of the other common swimming pool accidents include the following:

Entrapment drowning
Diving board accidents
Pool slide accidents
Entrapment under pool toys and floats
Pool chemical accidents
Electrocution injuries

Do I Have A Personal Injury Claim?

If the drowning accident occurred on someone else’s property, you might be able to file a personal injury claim. However, you and your attorney must be able to prove a few key factors including:

Duty Of Care – You were a guest of the property and not trespassing
Breach Of Duty – The property owner failed to maintain a safe environment or provide warning signs
Causation – The property’s hazardous conditions were the cause of the drowning accident
Damages – You or the victim has suffered physical, mental, and financial damages as a result of the accident

If the drowning accident results in death, the victim’s family may have grounds for a wrongful death case against the liable parties.

Why You Need A Personal Injury Lawyer For Your Drowning Accident Claim

Drowning can have a devastating impact on a victim and their family. When you or a loved one are facing such a claim, you will need to have a thorough investigation of the drowning accident. Our legal team has the extensive experience you need on your side to help with proving the negligence of the liable parties.

If you or a loved one has been in a drowning accident that resulted in severe injuries or even death, you will need the help of our premises liability lawyer at Joseph Law Group. Having an experienced attorney to help file your claim is vital to ensure that you receive the personal attention and maximum compensation you deserve for your case. Call us today at (216) 522-1600 or complete our online intake form for your free initial consultation.

Cleveland Drowning Accident FAQs

When it comes to severe injuries or tragic losses involving water, understanding your legal rights becomes essential. As a Cleveland drowning accident lawyer, we help individuals and families facing the aftermath of these devastating incidents. Drowning cases often involve more than just an accident, they raise serious questions about responsibility, safety, and long-term impact. Working with a team that understands how these cases unfold can make a significant difference.

At Joseph Law Group, LLC, we’ve been recognized by Super Lawyers for our work representing injury victims across Ohio. We also belong to the Million Dollar Advocates Forum, reflecting our commitment to high-stakes personal injury litigation. Below are five frequently asked questions about drowning accidents and how the law applies.

What Exactly Qualifies As A Drowning Accident Under The Law?

Legally, a drowning accident doesn’t only refer to fatal incidents. Near-drownings that result in serious injuries like brain damage or respiratory complications can also qualify for legal action. The core issue in these cases is whether the injury occurred due to someone else’s negligence, such as a failure to secure a pool, provide supervision, or maintain proper safety equipment. For example, if a pool has a broken ladder which hinders someone getting out of it, this can qualify.

Who Can Be Held Liable In A Drowning Accident?

Liability can fall on several parties, depending on where and how the incident occurred. Property owners may be responsible if they failed to install required safety features, like fencing or locked gates. In public or commercial settings, lifeguards, pool management companies, and even manufacturers of pool equipment could also be held accountable. We assess the full circumstances of each case to identify everyone who may share legal responsibility.

What Are The Most Frequent Causes Of Drowning Accidents?

Many drowning incidents happen in private or public swimming pools, but they can also occur in lakes, rivers, bathtubs, or even hotel spas. Common factors include lack of supervision, unsecured access to water, absence of barriers, and malfunctioning safety equipment. Alcohol use and failure to wear flotation devices can also contribute, especially in boating-related incidents. Issues may also occur due to weather or tides, but these make it complicated to hold parties responsible for the drowning.

How Do Near-Drowning Incidents Affect Legal Claims?

Survivors of near-drowning accidents often face lasting medical issues, including cognitive impairment, memory loss, or mobility challenges due to lack of oxygen to the brain. These long-term injuries can form the basis of a strong legal claim for compensation covering ongoing medical care, rehabilitation, and reduced quality of life. As a Cleveland drowning accident lawyer, we work with medical experts to build a thorough case documenting both the immediate and future effects.

What Happens If Multiple Parties Share Fault In A Drowning Accident?

Under Ohio law, more than one party can be held partially responsible for a drowning. This is called comparative fault. For example, a property owner might be 60% at fault for poor safety measures, while a supervisor might be 40% at fault for lack of attention. We conduct a detailed investigation to allocate fault accurately and maximize the recovery available to you. Shared fault may happen if flotation devices were not worn which would be the fault of the person who drowned, but the fault may also lie on a body of water that was advertised as having lifeguards if they were not present.

If you or someone close to you has experienced a drowning accident, we’re here to help you understand your legal options. Contact our Cleveland drowning accident lawyer at Joseph Law Group, LLC today to discuss your situation and take the next step toward recovery and accountability.

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The insurance industry is built on the avoidance of making any payments on claims. They see claims as liabilities, and initially deny, defend, and delay a claim to limit that liability and save money for the company. Ultimately, it is the job of the attorneys at Joseph Law Group to advocate on behalf of our clients and to give the insurance companies and adjusters enough reason to pay an amount of money that is fair under all circumstances. When you hire Joseph Law Group to represent your claim, you are getting a full-service team of dedicated attorneys and paralegals who will be committed to pursuing the best outcome for you from day one until trial.
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