Overview of Drowning Wrongful Death Cases and Its Legal Procedures

Wrongful Death
Wrongful Death Lawsuit

Every year, drowning accidents shatter the lives of millions. Some of the accidents involve legal liabilities. The family of the victim will be compensated when any of their loved ones get drowned by a wrongful death lawsuit if the negligence of somebody had caused the other person to drown.

Filing Lawsuits against Drowning

Due to the recklessness or negligence of someone else, if your loved one dies in any drowning accident, the family of the victim can sue them. Wrongful death can be alleged when someone else caused the drowning physically, or in some cases, anyone responsible for the existence of the negligently functioned pool or waterway.

Lifeguards will be offered in any swimming hole or public pool. Say, for example, on a situation of drowning, the operator of the swimming hole or pool will be liable for such wrongful death cases if his/ her reckless or negligent behavior had caused it. The lack of the frequent maintenance of pool, swimming hole or spa that cause drowning can also be sued.

Swimming Pool Regulations

Certain requirements for the spa or the swimming pool operators have been enacted by both the federal and state governments. More importantly, most state laws and federal laws impose specific requirements for any public pool operator. However, they are supposed to install drain covers in the pool so that they can prevent drain suction in hot-tubs and pools.

The rising number of state laws and federal laws are recommending these requirements to these institutions. Children most often get trapped in the suction that surrounds a pool drain.

Out of compliance with the law, if any drowning occurs in the pool, evidence of such wrongful death lawsuits will be sued against the operator.

Boating Accidents

Dangerous water sports often lead to drowning accidents like that of water skiing, Jet skis and wave running. In these fatalities, no one will be directly responsible. However, here again, the reckless or negligent behavior of anyone related to its operation can be alleged. 

For example, take the case of a boat hitting a water skier. In which, resulting in the collision the skier dies. Here, the driver can be liable for causing death. Such lawsuits can be included under the civil liability for wrongful death. Among these, Criminal charges for manslaughter and boating under the influence of alcohol or drugs are some of the most extreme cases of boat accidents.

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