Drowning Accident Attorney, San Diego
In a few seconds a memorable outing can suddenly become a tragedy. If you or a loved one was injured in a near-drowning accident, or a loved one was killed due to a drowning accident, you need an experienced drowning accident attorney. The
drowning accident attorneys in our San Diego law firm are well-qualified with extensive experience representing clients and families who have been affected by the near-drowning, or drowning of a loved one.
Who is responsible for a drowning?
The question of liability depends upon the nature of the accident itself. The legal theories that could be involved; (1) premises liability, which the property owner would be liable for injuries that occur as a result of a dangerous or hazardous condition on the property that the owner was aware, or should have been aware of; for example, lack of fencing around a pool, no lifeguard on duty at a public pool, lack of maintenance that has caused a dangerous condition, (2) negligence, a person is negligent if they caused the accident, failure to do what a reasonable person would have done under similar circumstances; improper installation of pool equipment, or an unqualified lifeguard on duty, and (3) products liability, when a manufacturer or seller of a defective product is held liable for placing that defective product in the hands of a consumer, for example, a water slide that has a weak spot from a manufacturing defect that results in falls.
Drowning and near-drowning accidents are often quite complex and may require the use of safety experts, accident re-constructionists, and medical experts. It is therefore critical to retain an attorney experienced in swimming pool accidents as quickly as possible. Our San Diego drowning accident lawyers will conduct a complete investigation into the cause of the drowning, or near-drowning to establish the cause of the incident, and to identify those liable and responsible.
Injuries and compensation
Near-drownings can result in devastating consequences for the injured party. Children that survive a near-drowning, 5 percent to 20 percent suffer severe and permanent neurological disabilities since
brain damage (hypoxia) generally occurs after four minutes of submersion. These life altering injuries may require a variety of medical expenses, such as surgeries, medications, and visits to specialists. In many cases the injured person requires life-time medical care and assisted-living. Other common injuries associated with swimming pools are diving accidents, slip and falls, and injuries from pool chemicals. All three of the legal theories for liability in swimming pool accidents discussed above apply to these types of injuries, depending on the circumstances. The skilled
accident attorneys in our San Diego law firm will work closely with you and your doctors to ensure that your injuries are properly cared for and your future medical care is provided for in the settlement.
Settlements received in a near-drowning claim are intended to help restore the injured person physically, mentally, emotionally and financially. In the case of a drowning, the claim for damages is filed by the surviving beneficiaries. In general, the injured person can expect to receive damages for payment of medical expenses, loss of earnings, future medical care, and other damages related to the accident. The surviving family will receive reimbursement of any medical costs, funeral expenses, loss of earning capacity, loss of society and companionship, and other accident related damages.
Call our
San Diego drowning accident attorneys today for a free consultation and learn how we can help you.
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