A swimming pool death is a devastating accident for a family. If it was caused by the negligence of someone else, a wrongful death lawsuit may be filed to recover damages. To learn about your rights, contact an accident attorney in Aurora, Colorado.
The Centers for Disease Control and Prevention (CDC) note that every day in the United States, about 10 people die as a result of unintentional drowning. Some of the factors that contribute to these tragic deaths are preventable, such as failure to supervise or a lack of barriers to young children.
The CDC also indicates that the highest drowning rates are in children between the ages of one and four. In 2009, of the children in this age group who died from unintentional injuries, 30 percent were from drowning. Yet the fact remains, victims of a swimming pool death can be any age.
Liability in a Swimming Pool Death
To file a wrongful death lawsuit you will need to prove that someone else was negligent and therefore, liable for the victim’s fatal injuries.
Swimming pool deaths may happen at:
- private residences;
- recreational centers; and
- outdoor public pools.
No matter the location, it will be important to establish who was at fault. For instance, let’s say a caregiver took a child to a swimming pool. If it’s discovered that a lack of supervision led to the child drowning, the caregiver could be liable in a wrongful death lawsuit.
A failure to supervise can also happen with lifeguards. If there is inadequate staffing or it’s found that the lifeguards on duty weren’t paying attention, this could be considered negligence on their behalf.
Homeowners can also be liable. A failure to prevent access to a pool through fencing or gates can be one cause. Or it could be that a door that opens onto the pool area isn’t locked.
A swimming pool death can also be the result of faulty equipment. A malfunctioning drain or lifesaving equipment that doesn’t work could result in a manufacturer and/or owner of the pool being liable.
Filing a Wrongful Death Lawsuit
After you have established liability, it will need to be determined the amount of compensation that can be sought in a lawsuit. An accident attorney in Aurora, Colorado can help with this.
The following are some of the damages that may be recoverable in a wrongful death case:
- medical expenses related to fatal injuries;
- reasonable funeral costs;
- loss of earnings; and
- emotional damages (loss of companionship, affection, parental guidance, etc.).
In certain circumstances, where the actions of the liable party were malicious or intentional, you may even be entitled to punitive damages.
Call an Accident Attorney for Aurora, Colorado Injury Victims
Losing someone you love in a preventable accident is difficult enough to handle without the challenges of filing a lawsuit. Contact D.J. Banovitz at 303-300-5060 if you lost someone you love in a swimming pool death and require legal assistance.