While drowning accidents can seem like unforeseen accidents, they are usually quite preventable. After suffering from a drowning or near-drowning accident, you deserve to be compensated for your injuries if the incident was caused by the negligence of another party. After seeking immediate medical attention, you want to contact a Phoenix drowning accident attorney at Zanes Law to help you fight for your compensation.
Additionally, if your loved one lost their life in a drowning incident, please contact us for help with a wrongful death claim.
Drowning Accident Statistics
The Centers for Disease Control and Prevention (CDC) reports that 3,960 fatal unintentional drownings happen yearly. Children are the groups of people who are most at risk of suffering from drowning accidents. Children between the ages of one and four have the highest drowning rates.
Swimming pools are the locations where drowning accidents occur the most. Even though drowning accidents can result in serious and fatal injuries, not all drowning accidents are fatal. A drowning accident can become fatal when it results in the victim’s death; a drowning accident is considered nonfatal when the victim survives and suffers a range of injuries.
For a free legal consultation with a drowning accidents lawyer serving Phoenix, call 866-499-8989
Common Causes of Drowning Accidents
Some of the common causes of drowning accidents include a lack of efficient barriers, lack of efficient supervision, failing to wear a life jacket, intoxication, not knowing how to swim, and more.
Lack of Efficient Barriers
Whether public or private swimming pools, the pool must have safety barriers to prevent children and other parties from unlimited access. That means that barriers like pool fences should be placed around the pool, especially when the pool does not have a lifeguard or an adequate caregiver.
Lack of Efficient Supervision
Every pool is required to have a lifeguard present. While drowning accidents can still happen with a lifeguard present, a lifeguard can still respond quickly and strengthen the possibility of survival from the accident. With a lack of efficient supervisors, children can suffer from drowning accidents.
Failing to Wear Life Jackets
Life jackets are the main clothing item that prevents all parties in the water from drowning. When someone fails to wear a life jacket, they are almost guaranteed to suffer from a fatal drowning accident.
Minors and young adults who find themselves in a large body of water after drinking alcohol are at serious risk of drowning. Many boating accidents, in particular, happen due to drinking and trying to swim.
Not Knowing How to Swim
Another common cause of drowning accidents involve not being able to swim. It is possible for people who do not know how to swim to jump into a large body of water like a pool. When children, adolescents, or young adults who do not know how to swim panic, it can worsen the situation.
Phoenix Drowning Accident Lawyer Near Me 866-499-8989
Injuries from Drowning Accidents
Drowning victims can experience a range of injuries after their accident. Some drowning victims are fortunate to walk away with minor injuries. Other drowning victims endure serious injuries like brain injuries, respiratory illnesses, and organ damage.
During a drowning accident, your brain is deprived of oxygen, which it needs to function properly. The lack of oxygen can lead to permanent disabilities to your brain and other organs.
Legal Liability in a Drowning Accident
Someone would bear some legal responsibility if your drowning accident occurred while you were on a jet ski or at a swimming pool. It could be the swimming pool owner who has a legal obligation to provide a reasonably safe environment for you and other visitors. It could be the jet ski manufacturer whose defective product put you in harm’s way.
In any case, you would be responsible for proving the other party’s negligence in your accident.
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How Negligence Plays a Role
Negligence is a legal principle that holds a party liable for the injuries that their actions have caused another person. In civil court, negligence is established through four elements. These four elements include:
- Duty of care. You would be responsible for proving that the defendant owed you a certain level of care for your drowning accident.
- Violation of duty of care. This element can be proven when you explain how the defendant’s actions violated the level of care owed to you.
- Causation. This element must be proven by exhibiting the connection between the defendant’s negligent actions and your drowning accident.
- Damages. This element must be proven by showing the damages caused by your drowning accident. Examples of these damages can include any medical expenses, missed time from work, and pain and suffering affiliated with your accident.
Why You Need the Help of a Phoenix Drowning Accident Lawyer
When you are injured in a drowning accident, your injuries can quickly become catastrophic. Because your injuries are serious, you are entitled to larger amounts of compensation. When you file a lawsuit for your drowning accident, you must mentally prepare yourself to negotiate with insurance companies.
Seeking the help of a Phoenix drowning accident attorney can bring clarity to your lawsuit and allow you to properly heal from your accident.
Proving the Defendant’s Liability
With a skilled Phoenix drowning accident attorney on your side, you have a greater chance of proving the defendant’s liability in your accident. Your attorney knows the best evidence to use that can create a stronger case for you. Your attorney also knows the types of claims to file to establish the defendant’s liability.
For example, your attorney may suggest that you file a premises liability claim if the pool owner’s negligence contributed to your drowning accident. In addition to the primary defendant, your attorney can discover other parties who may be responsible for your accident.
Contact a Drowning Accident Lawyer in Phoenix Today
At Zanes Law, we understand how traumatizing a drowning accident can be. We also understand that you need time to heal from your injuries and still want to pursue legal action against the liable parties. Our Phoenix drowning accident lawyers are ready to fight for your legal rights and ensure that you receive maximum compensation for your accident.
Contact our firm today to schedule a consultation.