Drowning Accident Lawyer
According to the statistics of Centers for Disease Control and Prevention, about ten people drown every day; two of them are children ages 14 or younger. Drowning is the sixth leading cause of unintentional injury death for people of all ages, and the second leading cause of death for children ages 1 to 14. 19% of child drowning fatalities take place in public pools with certified lifeguards on duty.
Drowning accidents can occur anywhere: in private bath tubs, Jacuzzi, hot tubs, private pools, portable pools, hotels, motels, parks, water parks, gym pools, health club whirlpools, ponds, lakes, quarries, rivers and the ocean. Usually, the owners or lessors of the premises are responsible for maintaining the property safe and secure for their invitees, licensees and, sometimes - even trespassers.
The status of the person who was injured on the land of another is important, because it defines the legal rights of the injured person. Similarly, the family of a drowning accident victim will need to know the status of the decedent on the land of another at the time the drowning accident occurred in order to define their legal rights to receive compensation for losses.
Invitees are people who are invited to land by the possessor of the land as a member of the public or those who are invited to the land for the purpose of business dealings with the possessor of the land. The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn the invitee of hazardous conditions that cannot be fixed. In addition, those in possession of the property assume a duty to rescue an invitee who falls into peril while visiting the property. Life guards have a duty to rescue a drowning person. Beach goers, hotel guests, gym members, and users of recreational swimming facilities are considered invitees on the premises.
Licensees are people who are on the property of another because the owner of the property has allowed them to enter but the property is not open to the public. When a licensee is on the property, the person in possession of the property has a duty to exercise the care that a prudent person would show. The possessor of the property has a duty to warn the licensee if there is a hidden harmful condition on the land and the possessor knows about it. A social guest is an example of licensees.
Trespassers are people who come to the property without the permission of the owner. The trespasser needs to be protected from known manmade conditions capable of causing death or serious injury.
A high percentage of drowning accident victims are children. People who have any body of water on their property should exercise extreme caution to make sure children do not get access to the water when they are not supervised. Unfortunately, many kids drown when the see an attractive pool and they want to swim in it. Many children get injured and drown in artificial lakes, ponds and quarries, especially when such areas are easy to access, have no fence around them and are not supervised.