Drownings occur every year bringing heartache and sorrow to family and love ones. There are numerous causes of drowning accidents that may give rise to wrongful death claims. Drowning has been ranked 7th among all injury-related causes of deaths after motor vehicle crashes, suicide, homicide, poisonings, and falls. The U.S. Coast Guard reports of significant crashes involving recreational boats, which resulted in serious injuries and deaths. Alcohol use is involved in about 50% of deaths associated with water recreation. Children drowning are the second leading cause of injury-related death for children Adolescent boys generally have the highest rates of drowning. For children aged 0-4 years, drowning is the second leading cause of death. Drownings occur most often in swimming pools. According to the U.S. Consumer Product Safety Commission (CPSC), each year emergency departments report about 500 drowning and 3,000 near-drownings in residential swimming pools among children younger than 5 years old. About 60% to 90% of drownings among children aged 0-4 years occur in residential pools and more than half of these drownings occur at the child's own home. According to CPSC, in-ground pools without complete fencing are 60% more likely to involve drowning than are pools with fencing.

A few ways to prevent drowning is to (1) learn to swim (2) never swim alone or in unsupervised places (3) check the water depth before entering (4) know the local weather conditions and forecast before swimming or boating (5) use Coast Guard-approved personal flotation devices (life jackets) when boating, regardless of distance to be traveled, size of boat, or swimming ability of boaters (6) never drink alcohol during or immediately before boating or other water recreation (6) never chew gum or eat while swimming, diving, or playing in water (7) learn CPR and (8) install telephones near residential pools. The best ways to protect children from drowning includes proper adult supervision. Adults should constantly watch young children swimming or playing in water. Adults should not read, play cards, talk on the phone or do any other distracting activity while watching children in a bathtub, in a pool of any size, or at the beach. Children should be taught to swim, and do so only with a friend. Small children should be kept away from buckets containing liquid: 5-gallon industrial containers are particularly hazardous. Install a four-sided, isolation pool-fence with self-closing and self-latching gates around swimming pools. Prevent children having direct access from the house or yard to a swimming pool.

Legal wrongful death claims involving drowning can involve complex legal, factual and evidentiary issues. The following are a few important considerations when evaluating a drowning accident.

• What are the facts and circumstances of the drowning?

• Did the drowning occur in a swimming pool, open water, bathtub, Jacuzzi, or other unusual condition?

• What was the age of the victim?

• Was there proper supervision?

• Did a private family, commercial enterprise or homeowners association own the pool?

• Was there a proper fence?

• Was the swimming pool and/or diving board properly constructed and maintained?

• Did the owner of the pool exercise ordinary care for the safety the users of the pool?

• Were reasonable provisions made to guard against those accidents that common knowledge and experience teach are likely to befall those engaged in swimming and other aquatic sports for which the facility was provided?

• Was there a qualified lifeguards at the pool to supervise patrons and rescue those in peril?

• Did a lifeguard negligently perform their duties?

• Was an autopsy done to determine cause of death?

• Did the victim suffer from any health problem?

• Were there any witnesses to the incident?

• If a child victim, was there proper adult supervision?

• Were there any violations of state or local laws?

• Were there any violations of other standards of care that should have been performed?

• Did the drowning involve a commercial rental such as Jet Ski, parasailing, boating, or other commercial recreational activity? Were there proper instruction, supervisor, and equipment?

• If the drowning involved water equipment, was it defective?

• Is there sufficient assets or insurance to satisfy a successful claim?

Drowning claims should be evaluated by an experienced legal team. Complex legal and safety issues may be involved. If a friend or loved one is the victim of a drowning, you should take immediate steps to protect the interest of their beneficiaries. Always call the police or proper authorities. Document all events. Do not compromise your rights by making statements to the press, potential defendants, or their representatives. Call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to water accidents. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.