If you or a loved one has suffered a drowning accident, a Chicago drowning accident lawyer from our personal injury law firm, is ready to provide the legal representation you need to seek compensation for your injuries.
In this Article
What Is Drowning?
According to the Centers for Disease Control (CDC), drowning occurs when respiratory impairment results from immersion in liquid, preventing breathing. It is NOT always fatal and requires prompt medical attention.
What Do Drowning Statistics Show?
According to the National Drowning Prevention Alliance (NDPA):
On average, there are 4,500 drowning deaths in the U.S. each year.
For every accidental drowning death of a child, 7–8 more are treated for non-fatal drowning.
Young children aged 1–4 are at higher risk of drowning in pools or nearby water bodies.
Fatal drowning accidents are the #1 cause of preventable deaths 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?
The risk of drowning can increase for a number of reasons, like lack of supervision, drinking alcohol or using drugs, not having flotation devices, hidden medical conditions, or 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 a person or entity. Responsible parties can include:
Pool owners, such as the City of Chicago, gyms, water parks, or landlords, who must ensure pool safety and provide proper warning signs to prevent accidents
Pool management who are hired to maintain most swimming pools in apartment buildings
Maintenance crews or lifeguards if they fail to prevent injury or death to swimmers
What If Drowning Injury Victims Signed a Waiver to Use the Pool?
Pool owners of public and private swimming pools often use waivers to avoid liability for pool-related accidents. Courts may enforce clear, well-written waivers but often reject ones that are too broad or vague. 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?
Negligent parties who recklessly cause a drowning incident, death, or injury on a body of water can include:
Boat owners—they must ensure safety devices are maintained and operators are competent.
City of Chicago lifeguards at public pools and beaches who issue swimming bans based on weather and water conditions—the city may be liable for drowning deaths unless swimming is illegal or outside its control.
Beachfront property owners of breakwalls and harbors—they must maintain proper lighting to warn boaters at night.
Liquor establishments—if the boat captain or driver was overserved alcohol at a bar or restaurant, you may be entitled to damages under the Illinois Dram Shop Act.
What Are Common Causes of Drowning Accidents in Boats?
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 breakwall 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 (the Wrongful Death Act), to prove wrongful death, the victim must have died, the defendant’s actions caused it, and you relied on the deceased financially or emotionally.
What Can I Recover from a Fatal Drowning?
In a wrongful death lawsuit, including a drowning lawsuit, you may be entitled to damages for:
Medical bills prior to death
Funeral and burial expenses
Loss of companionship and emotional or financial support from the deceased
Mental anguish
Punitive damages if the death was caused by intentional actions
Find Out What Your Case Is Worth
Chicago drowning accident lawyers assess the value of your case based on the injuries sustained, the likelihood a jury will find the defendants should be held liable, and whether the defendants have assets (like insurance or a high net worth corporation).
What to Do If You Suffer a Non-Fatal Drowning Injury
If you suffered non-fatal drowning injuries:
Seek medical attention.
Document the incident with photos.
Collect witness information.
Contact our drowning or swimming pool accident attorneys to consider a drowning accident lawsuit.
Damages for Survival Claims
Victims of drowning accidents often suffer catastrophic injuries—such as brain damage—that affect them and their families forever. If you suffered major injuries, you may be entitled to damages for:
Past and future medical expenses and caretaking costs
Scarring and disfigurement, including surgical scarring and the use of a wheelchair or other assistive medical device
Lost wages, including future lost earnings and anticipated social security payments
How Can an Attorney Help an Injured Person?
A drowning victim or someone who has lost a loved one to drowning should contact an experienced personal injury lawyer with in-depth knowledge of premises liability law. The attorney will gather evidence to prove negligence, work with experts, and negotiate with insurance companies to get you the fair compensation you deserve in a drowning or wrongful death claim. Finally, they will 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 victims of drowning accidents in various scenarios, including incidents at Lake Michigan, the Chicago River, boating accidents, falls from piers or breakwalls, and drownings at public or private property and beaches, swimming pools, water parks, spas, hot tubs, and summer camps.
Get Help with a Personal Injury Claim
If you or family members has been injured in a fatal or near-drowning accident, it is important to seek legal representation in a personal injury lawsuit as soon as possible. The Chicago drowning accident attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers, have experience handling these types of swimming pool accident cases and non-fatal or wrongful death cases. We are dedicated to fighting for the rights of victims and their families.
If you or a loved one has suffered a drowning accident, a Chicago drowning accident lawyer from The Kryder Law Group, LLC is ready to help.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
(312) 223-1700