Near Drowning Accidents: Injuries and Liability

Near drowning accidents can occur in a variety of settings, such as in backyard pools, recreational centers or hotels. Although the victim might have avoided death, there can still be serious repercussions with long-term effects, which a Denver injury attorney will address for Colorado clients pursuing compensation for damages they’ve suffered from a near death drowning.

Injuries Stemming from Near Drowning Accidents

One of the biggest concerns in a near drowning accident is how long a victim goes without oxygen. The more time spent underwater, the more oxygen deprivation the individual may have experienced. Cerebral hypoxia – a lack of oxygen to the brain – may occur as a result of these accidents. Although some people make a complete and full recovery, others may suffer some type of brain damage, which can be mild, moderate or severe.

Treatment may include breathing assistance (ventilator), or fluids and medication to improve low blood pressure or to control seizures. A person with cerebral hypoxia could recover but there is also the risk that some functions become impaired.

Seizures, myoclonus (twitching movements) and coma are possible long-term consequences. And in severe cases, a person could remain in a vegetative state. Denver injury attorneys can assist Colorado victims in recovering compensation for these costs.

If water fills the person’s lungs, it could cause damage to the tissue. This can lead to pneumonia or acute respiratory distress (lung condition which can cause low levels of oxygen in blood) in some cases. A lack of oxygen can not only cause brain damage but could result in heart problems, such as a cardiac arrest. Treatment may include a ventilator or antibiotics if an infection develops. Some infections – such as those related to fungi – may even affect the central nervous system.

In some near death drowning accidents, there may be other concerns as well. For instance, if a person dove into shallow water or off a diving board, there could be spinal cord damage.

Liability for a Near Death Drowning Accident

Whether a victim may recover damages after a near death drowning incident depends on a few factors.

First, was someone else’s negligence the cause of the accident? For instance, let’s say a person nearly drowns at a public swimming pool. It is discovered that the lifeguard on duty wasn’t paying attention at the time. Or a child enters a neighbor’s pool that has no gates or barriers and falls. These are examples of negligence that a Denver injury attorney may examine in a Colorado premises liability case to hold a property owner liable.

The second consideration is, did the person have a right to be on the property? If the individual was invited on the property or has the right to be there because he or she is a customer, these would be circumstances in which an owner could be responsible for injuries. But if the person was trespassing, this could prevent the recovery of damages.

However, a Denver injury attorney may examine near death drowning cases in Colorado in which a pool represented an attractive nuisance, such as to a young child who did not have permission to be on the property but the appropriate measures were not taken to prevent access.

To learn if a premises liability claim could be filed after a near drowning accident, contact Denver injury attorney D.J. Banovitz, who can help Colorado accident victims determine the legal options that could be available following a near drowning accident.