Drowning is the fifth leading cause of unintentional injury death in America. Accidental drowning takes thousands of lives every year in bathtubs, swimming pools, lakes, and oceans. A person can drown in a matter of minutes – just long enough for a parent to turn his or her back or a supervisor to leave a pool party to grab more snacks. Preventing accidental drowning takes constant vigilance, especially when children are involved. Property owners, supervisors, and product manufacturers all play a role in the fight against accidental drowning. If someone else caused the accidental drowning of your loved one, come speak to the team at Knutson + Casey.
Accidental drowning can occur when someone can’t swim, gets caught on something underwater, or goes underwater while injured or unconscious, such as in a boating accident. Sometimes accidental drowning stems from negligent supervision, such as a teacher who fails to notice one student at a school pool function has not resurfaced. Others occur due to equipment malfunctions, such as a defective drain that traps a swimmer’s hair or limbs. Still, other drowning accidents happen when a child stumbles into a neighborhood pool with its gate unlocked. All these are examples of negligence.
Almost all accidental drownings are preventable. Eliminating premises hazards, properly supervising children and adults in pools, operating water vessels safely, and teaching children how to swim early can help prevent water-related tragedies. If the worst happens, you do not have to accept your fate without a fight. When drowning is negligence related, don’t hesitate to pursue your rights through a lawyer. Bringing a lawsuit against the responsible party can earn justice for your deceased loved one, pay for medical costs related to an accidental drowning, and shed light on a hazard that might have injured more people in the future.
Property damage such as a crashed boat aside, there are other, more personal damages someone can suffer from staying underwater too long. If someone survives accidental submersion, he or she can have permanent cognitive and physical injuries from lack of oxygen to the brain. Prolonged brain hypoxia can lead to cell death in the brain, a type of damage that is irreversible.
Nonfatal drowning injuries such as brain damage can cause permanent loss of motor function, learning disabilities, and memory loss. Nonfatal drowning can also cause psychological anguish, leading to a fear of water or swimming. These types of injuries can require lifelong medical costs, including therapy, rehabilitation, medical equipment, and live-in care. If a loved one passes away in a drowning accident, the surviving family members face damages such as:
There are many tangible and intangible losses involved with the accidental drowning of a loved one. In Minnesota, the surviving spouse, children, parents, siblings, or a trustee may all file a wrongful death claim after a drowning incident. A wrongful death claim can return all costs of a death to the family, plus extra to compensate personal and noneconomic damages.
Accidental drowning can involve boating, premises liability, product liability, negligence, and/or wrongful death laws. Retaining an attorney is the simplest way to utilize these laws to your greatest advantage. The lawyers at Knutson + Casey want to help you understand the laws in Minneapolis after a tragic accidental drowning, fatal or nonfatal. We welcome you to speak with one of our experienced attorneys for free during your initial consultation. Simply call (507) 344-8888 or contact us online, and we’ll take care of the rest.