Drowning is a leading cause of death for children under the age of 4, and often these tragic near-drowning and drowning accidents occur in private or public swimming pools. If you have lost a loved one in a drowning accident, it is important to contact The Kelley Law Firm to assist you with your legal case. Some drownings occur from a boating accident or ; any such tragedy can be emotionally overwhelming. However, the legal aspects to many drowning cases should be handled by a skilled lawyer from The Kelley Law Firm.
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Pool and spa owners can be liable for any injuries around their property depending on a number of factors. If the owner knew, or should have known, about any dangers on the premises, they are liable for any accidents that took place there. Failure to properly hire and train lifeguards is one example of owner negligence. Private pool owners have the duty to supervise swimmers at all times and must properly lock or restrict access when they are not present. They may be liable for any injuries resulting from lack of maintenance as well, such as broken diving boards, slides, drains, or ladders.
Pool equipment companies can be liable if the equipment is in any way defective, whether in design or manufacture. The company may also be liable if it fails to warn about the risks of its pool products. Pools are required to have adequate first-aid kits and working automatic external defibrillators at all times.
Water-related accidents can occur anywhere, any time. Young children are particularly susceptible to death or injury from small puddles, mopping buckets, or day care center negligence. Family outings can turn deadly if unsupervised children are allowed near open water. Anyone, even those who have learned to swim and are surrounded by relatives, can be swept up by rushing currents and taken downstream.
There are many cases in which water-related negligence may cause death or serious injury. For example, schools requiring students to swim in physical education classes usually only require one supervising adult for the whole class, making it extraordinarily difficult to safely watch each student. Drowning while under supervision constitutes a wrongful death lawsuit, which can help victims and their loved once receive justice and restitution for their suffering.