Cleveland Drowning Accident Lawyer
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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 Injuries or Death?
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 for a Drowning Case?
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 an Ohio 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 a 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.
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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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