If you or a loved one has suffered a drowning accident, a Chicago drowning accident lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers is ready to provide the legal representation you need.
What Is Drowning?
According to the Centers for Disease Control (CDC), drowning occurs when respiratory impairment results from submersion or immersion in liquid, preventing breathing. It is NOT always fatal and requires prompt medical attention.
Understanding Drowning Statistics
According to The National Drowning Prevention Alliance (NDPA):
- On average, there are 4,012 drowning deaths in the U.S. each year.
- An additional 9,000 drowning victims are hospitalized with non-fatal submersion injuries.
- 23% of child drownings occur in a family pool during gatherings.
- Drowning is the #1 cause of death for children ages 1-4 and the second leading cause of unintentional injury death for children up to age 14.
- Most boating fatalities are due to drowning.
What Causes Drowning Accidents?
- Lack of supervision for children or inexperienced swimmers,
- Use of drugs and alcohol near the water,
- Failure to wear life jackets or other flotation devices,
- An unknown medical condition that causes unconsciousness while swimming, and
- Defective pool equipment.
Who Is Responsible for Drowning in a Swimming Pool Accident?
Most swimming pool accidents and swimming pool injuries occur because of negligence on the part of another person or entity. Responsible parties can include:
- Pool owners like the City of Chicago, local gyms, swimming pools’ water parks, or landlords are responsible for maintaining pool safety and posting adequate warnings to prevent accidents.
- Pool owners often hire management to maintain their pools in large apartment buildings where pools are amenities.
- Maintenance crews or lifeguards if they fail to prevent injury or death to swimmers.
- Pool designers if a pool is poorly designed with inadequate warnings.
What If Drowning Injury Victims Signed a Waiver to Use the Pool?
Pool owners often use waivers to avoid liability for drownings or injuries from a swimming pool accidents, and courts may enforce well-written waivers but hesitate with overly broad or ambiguous ones. According to one court, waivers must be “clear, explicit, and concise,” and should include:
- The type of harm being waived
- The risks and activities involved
- The party being released from liability
Who Is Responsible for a Drowning on Lake Michigan or Other Body of Water?
Anybody who negligently causes a drowning incident, death or injury on a body of water can be held responsible:
- Boat owners and captains must maintain safety devices (including life jackets) and use competent operators and crew.
- The City of Chicago hires lifeguards at public pools and beaches who issue swimming bans based on weather and water conditions. The city may be held accountable for a drowning death except where swimming is illegal or not under city control.
- Beachfront property owners of break walls and harbors must maintain proper lighting to warn boaters at night.
- Liquor establishments, if the boat captain or driver was over-served alcohol at a bar or restaurant. You may be entitled to statutory damages under the Illinois Dram Shop Act.
What Are Common Causes of Drowning Accidents for Boat Passengers?
Negligence that can lead to a drowning in a boat accident include:
- Alcohol use by boat operators
- Distracted or inattentive operators
- Dangerous ship deck conditions
- Failure to supply life jackets or other rescue devices
- Broken or malfunctioning break wall lights and lighthouses
- Failure to issue weather-related warnings
- Inadequate maintenance of vessels
When is a Fatal Drowning Wrongful Death?
A fatal drowning is considered wrongful death when it results from someone else’s negligence or intentional actions. According to Illinois law Wrongful Death Act, to prove wrongful death from a drowning, in wrongful death cases you must show that:
- The victim died
- The defendant’s negligent or intentional actions caused the death
- You were financially and emotionally dependent on your loved one
What Can I Recover in a Fatal Drowning?
In a wrongful death lawsuit, you may be entitled to damages for:
- Funeral and burial expenses
- Loss of financial support from the deceased
- Loss of companionship and emotional support from the deceased
- Mental anguish
- Punitive damages if the death was caused by intentional or reckless actions
Find Out What Your Case Is Worth
Chicago drowning accident lawyers assess the value of your case based on on the injuries sustained, the likelihood that a jury will find the defendants liable, and whether the defendants have sufficient assets (such as an insurance policy or a high net worth corporation).
What to Do If You Suffer a Nonfatal Drowning Injury
If you suffered a nonfatal drowning injuries:
- Seek medical attention.
- Document the incident with photos.
- Collect witness information.
- Contact a lawyer to consider a personal injury lawsuit.
Damages for Survival Claims
Victims of drowning accidents often suffer catastrophic injuries that affect them and their families forever. If you suffered major injuries, you may be entitled to damages for:
- Past and future pain and suffering
- Past and future loss of a normal life
- Past and future medical expenses and caretaking costs
- Scarring and disfigurement including surgical scarring and use of a wheelchair or other assistive medical device
- Lost wages, including future lost wages and anticipated social security payments
How an Attorney Can Help
A drowning victim or a survivor of a loved one lost in a boating accident should contact an experienced personal injury lawyer immediately. They will gather evidence, enlist experts, and negotiate with insurance companies and opposing counsel to get you the compensation you deserve. They can guide you through the legal process and fight for your rights.
Examples of Valid Drowning Accident Cases
The Chicago drowning accident attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers represent drowning accident lawsuit victims in:
- Lake Michigan
- The Chicago River
- Boating Accidents
- Falls from piers or break walls
- Drownings at public beaches and swimming pools
- Drownings in private pools, water parks, beaches, spas or hot tubs
- Drownings at summer camp
Call The Kryder Law Group, LLC Accident and Injury Lawyers
At The Kryder Law Group, LLC Accident and Injury Lawyers, our experienced attorneys have represented victims of drowning incidents and their families in various personal injury cases.
We are committed to holding negligent parties accountable for the damages they cause and helping our clients get the justice and compensation they deserve.
(312) 223-1700