Philadelphia Drowning Accident Lawyer
Drowning accidents often result in catastrophic injury or death. In many cases, someone’s negligence directly contributes to the accident. As a result, victims or their families may have the legal right to pursue compensation through a personal injury or wrongful death claim.
Common Causes of Drowning Accidents
Several factors commonly contribute to drowning incidents in Philadelphia:
- Lack of Supervision: Children and inexperienced swimmers face the highest risk. Adult supervision must be constant around any body of water.
- Inadequate Safety Barriers: Pools and spas require fences, gates, and alarms to prevent unsupervised access, especially in residential settings.
- Defective Equipment: Faulty drains, suction devices, or pool covers can create hazardous conditions.
- Lack of Warning Signs: Properties with swimming pools or water features must clearly mark depths, dangers, or maintenance-related closures.
- Negligent Lifeguards: A lifeguard’s failure to monitor swimmers or respond promptly can lead to fatal outcomes.
- Boating Accidents: Failure to wear life jackets, reckless operation, or operating under the influence frequently results in drownings on open water.
Liability in Drowning Cases
Drowning accident claims often fall under premises liability law. Property owners, operators, or managers must maintain reasonably safe conditions and warn guests of known dangers. When they fail in that duty, they may face legal responsibility. Potentially liable parties include:
Homeowners
If a child drowns in an unsecured backyard pool, the homeowner may be responsible for failing to prevent unauthorized access.
Hotels and Resorts
These establishments must ensure lifeguards, fencing, clear signage, and proper maintenance of pool areas.
Municipalities
If a public pool lacks adequate supervision or has faulty infrastructure, the city or township may hold liability.
Schools and Camps
Youth facilities must enforce strict safety protocols during swimming activities.
How to Prove Liability
To succeed in a drowning-related injury or death claim, the injured party or their family must prove:
- The defendant (at-fault party) owed a duty of care
- The defendant breached that duty
- The breach directly caused the drowning
- Damages resulted, such as death, brain injury, or emotional trauma
Evidence may include surveillance footage, eyewitness accounts, expert testimony, or maintenance records.
Injuries and Long-Term Effects of Drowning Accidents
Not all drowning incidents result in death. Near-drowning can leave victims with severe neurological damage due to oxygen deprivation. Common outcomes include:
- Cognitive impairment
- Loss of motor function
- Speech difficulties
- Coma or persistent vegetative state
- Emotional and psychological trauma
These injuries often require long-term medical care, rehabilitation, and financial support.
Compensation for Victims and Families
Survivors of near-drowning incidents and the families of drowning victims may recover compensation for:
- Medical expenses
- Rehabilitation and in-home care
- Pain and suffering
- Emotional distress
- Funeral costs (in fatal cases)
- Loss of income or financial support
Wrongful death claims can provide surviving family members with accountability and financial relief.
Why Hiring a Philly Drowning Accident Lawyer is Critical
Navigating a drowning accident claim requires experience and attention to detail. Liability may be contested, and insurance companies often attempt to minimize the payout. An experienced Philadelphia Premises Liability Attorney can investigate the incident, preserve key evidence, consult with expert witnesses, and aggressively pursue full compensation on behalf of the victim or family. Contact Rosenbaum & Associates today.