Homeowners with a pool must be extremely cautious and aware of drowning risk, particularly with children, regardless of whether or not they have children. In fact, the state of Florida sees more child drownings under the age of five than any other state. Those who own a pool that’s accessible to a child at any time may be held responsible in the event of a death. Speak with a drowning accident lawyer with The Ruth Law Team to determine if you have a case. 

These accidents fall under the Personal Injury legal category referred to as Wrongful Death cases. Swimming pools are considered by law to be an “attractive nuisance,” which refers to a property owner’s liability to prevent access to any hazardous object or condition that might be found attractive to a child. Therefore, a pool owner must take adequate steps to deter anyone from gaining access to the pool without the owner’s permission.

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Ruth Law Team was one of the greatest blessings to me and my family with this accident - professional, assertive, efficient, effective, stress-free in terms of helping us find help and understanding the process. Thank you so very much!!! You are priceless to us.

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Frequently Asked Questions About Drowning Accidents

What injuries are common with drowning?

As a lawyer who has dealt with cases of drowning accidents, it is important to note that drowning can result in a wide range of injuries, some of which can be very severe. The most common injuries associated with drowning accidents include:

  • Brain damage: The lack of oxygen to the brain during drowning can lead to brain damage, which can result in long-term disabilities. Those disabilities can include cognitive, motor, and sensory impairments.
  • Lung damage: When a person is submerged in water, their lungs can fill with water and possibly lead to lung damage. This damage can be severe and result in long-term respiratory problems.
  • Cardiac arrest: Drowning can potentially result in cardiac arrest, where the heart stops beating, leading to severe injury or even death.
  • Hypothermia: Prolonged exposure to cold water during a drowning accident can lead to hypothermia. Hypothermia is a condition in which the body’s temperature drops below normal levels and potentially can cause damage to internal organs.
  • Psychological trauma: Drowning accidents can be extremely traumatic, especially for those who have witnessed the accident or been directly involved. Psychological trauma can lead to long-term emotional and psychological problems, including anxiety, depression, and post-traumatic stress disorder (PTSD).

It is important to note that the severity of injuries resulting from an accident can vary depending on a number of factors including the length of time the person was submerged, the temperature of the water, and the age and overall health of the victim.

If you or a loved one has been involved in a drowning accident, it is critically important to seek medical attention immediately to address any injuries and prevent further harm. It is also important to consult with an experienced lawyer who can help you navigate the legal system and advocate for your legal rights. 

An accident lawyer can help you understand your options for seeking compensation for medical bills, lost income, pain, and suffering, and other damages resulting from the incident. Additionally, a lawyer can conduct an investigation into the circumstances surrounding the accident to determine liability and identify any parties who may be responsible for your injuries.

What’s The Legal Difference Between Fatal and Non-Fatal Drowning Incidents?

The key difference between a fatal and non-fatal drowning accident is the outcome of the accident. A fatal drowning accident involves the death of the victim, and a non-fatal drowning results in the victim surviving the incident. However, from a legal standpoint, there are several important differences between these two types of accidents.

In a fatal drowning accident, the victim’s family members or estate may be entitled to file a wrongful death lawsuit against the party responsible for the accident. This may be an individual, such as a lifeguard or boat operator, a homeowner or property owner, or a company, such as a water park or swimming pool. In a wrongful death lawsuit, the plaintiff must prove that the defendant was negligent or acted intentionally to harm. The attorneys must prove that the negligent actions were the direct cause of the victim’s death. Damages in a wrongful death lawsuit may include compensation for medical expenses, funeral costs, lost income, and the emotional pain and suffering of the victim’s surviving family members.

In a non-fatal drowning accident, the victim may also be entitled to compensation for their injuries, but the damages may differ from those in a fatal drowning case. The victim may suffer a range of injuries, including brain damage, lung damage, and other types of injuries that may lead to long-term disability or a reduced quality of life. In addition to medical expenses and lost income, the victim may be entitled to compensation for their pain and suffering, which may be both physical and emotional in nature.

In both fatal and non-fatal drowning accidents, it is important to establish liability for the accident. Liability may rest with an individual, such as a lifeguard not paying attention on the job, or a company that failed to provide adequate safety measures. A homeowner could also be responsible for a drowning accident. To establish liability, it may be necessary to conduct an investigation into the circumstances surrounding the accident, and this may involve reviewing eyewitness accounts, police reports, and other evidence.

Overall, whether a drowning accident is fatal or non-fatal, it is essential to consult with a lawyer to protect your legal rights to obtain the compensation you deserve. An attorney can help you navigate the legal system, investigate the circumstances surrounding the drowning, and advocate on your behalf to obtain a fair and just settlement or judgment. If you or a loved one has been involved in a drowning incident, it is important to seek legal counsel as soon as possible to ensure that your rights are protected and that you receive the compensation you are entitled to.

Our Drowning Case Results


Settlement for a Client Who Was Paralyzed after a Fall at a Motel

Our client fell down a flight of stairs at a motel that had been deemed unsafe during a prior inspection. Unfortunately, the fall resulted in extensive injuries including paralysis. Our… read more?

Slip and Fall in Reception Hall

We obtained $225,000 for a client who slipped and fell at a reception hall, resulting in herniated discs in her neck.

Settlement For Client Injured at a Restaurant

Our client was using the restroom when the bathroom stall fell on her head, resulting in a concussion. We were able to obtain a $125,000 settlement for our client.

Trip and Fall at Wholesale Club

Our premise liability team was able to secure $135,000 for a client who tripped and fell over a rug at a popular wholesale club.

Client Injured at Car Wash

Our client was at a car wash drying her vehicle when she stepped into a gaping hole in the pavement, causing her to fall. She suffered a broken coccyx and broken ribs, ultimately resulting in a $150,000 settlement.

Woman Fractures Femur in Restaurant

Our client was at a restaurant when a mouse fell from above and dropped into her purse, startling the woman and causing her to fall on the floor. The fall resulted in a fractured femur… read more?

NOTE: Client may not obtain the same or similar results.

What Happens Next?

At The Ruth Law Team, we understand that this may be your first time seeking legal counsel and how intimidating that decision might be. This is why we have simplified the process to help you make the right decision for your circumstances. This 3-step process includes:

Complete Our Case Evaluation Form

This quick survey will help us better understand what happened and which attorney is the best fit for your situation.

Speak with One of Our Accident Attorneys

The best way for you to have a clear idea your options is to speak with an attorney who specializes in your area of need.

Submit Your
Drowning Claim

Once you decide that The Ruth Law Team is the right option to represent you, we will begin the process of submitting your claim.

Drowning Accident Lawyer

Pool owners have the following responsibilities:

If preventative safety steps such as these are not taken by pool owners, the results can be disastrous. The pool owner may be held liable for any injuries or loss of life.

When You Should Contact a Drowning Accident Lawyer

The loss of life due to drowning is completely devastating and often preventable. If your child or loved one has drowned in a pool and you believe another person or party is liable, consider consulting with an experienced drowning lawyer. A drowning accident lawyer can help you get the justice you deserve for your loved one’s tragic accident.

Learn more about wrongful death cases and how an experienced attorney can fight on your family’s behalf.

Drowning Accident Lawyer

Contact Our Accident Lawyers

If you have lost a loved one due to a drowning that occurred in someone else’s swimming pool, contact the experienced Ruth Law Team drowning accident attorneys by calling (888) 783-8378 to learn more about your legal options.

Steven and Jenna Ruth Evaluating a Personal Injury Case

About The Ruth Law Team

For over 40 years, The Ruth Law Team has been helping those who were injured due to an accident, defective product, nursing home abuse, and more. If you or someone you love was wrongfully hurt, The Ruth Law Team will guide and support you through the legal process.

Our team of passionate and experienced personal injury attorneys will fight for what you deserve. If you would like to speak with one of our attorneys and have your case evaluated, please don’t hesitate to give us a call at (888) 783-8378. Our lines are open 24/7.

The Ruth Law Team Attorneys
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