In 2004, the World Health Organization reported that drowning was the second-leading cause of unintentional death worldwide among people under 20 years old, after road traffic injuries. It was the eleventh-leading cause of death overall.
While drowning results in loss of life, a near-drowning accident can also be devastating, and can have long-term effects on the victim. If your child has been the victim of a near-drowning experience, you may pursue legal action to recover damages related to the accident.
What is a near-drowning accident?
Unlike drowning, near-drowning is an experience in which the victim comes close to dying as a result of nearly suffocating while underwater. Oftentimes, a near-drowning victim will be rendered unconscious and will require immediate medical treatment for revival.
The Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report, announced information from 2005 to 2009 that outlined an average of 5,789 people were treated annually in U.S. emergency departments for non-fatal drowning events.
Injuries Resulting from a Near-drowning Accident in Aurora
Sadly, the effects of a near-drowning accident can be catastrophic, and the biggest risk of a near-drowning experience for a child is the risk of long-term neurological problems.
According to a 2012 report published in the Scandinavian Journal of Trauma, Resuscitation & Emergency Medicine, factors influencing neurological impairment include these below.
- The duration of submersion
- Advanced life support at the site of the accident
- Duration of CPR
- Establishment of spontaneous breathing and circulation
Depending upon the factors above, neurological damage may include this list.
- Difficulty with memory
- Changes in mood
- Inability to concentrate
- Deficits in cognitive skills
- Paralysis and complete loss of physical and cognitive function
- Respiratory problems
- Cervical spine fractures
- Lung tissue damage
Who’s responsible for a child’s near-drowning accident in Aurora?
There are a number of factors that influence the likelihood of a drowning or near-drowning experience. According to the CDC, risks that may lead to a near-drowning event include these things.
- Lack of swimming ability
- Lack of close supervision
- Failure to wear a life jacket
- Seizure disorders
However, another common factor that increases the risk of a near-drowning accident is a lack of barriers that prevent a child from entering a pool. If your child has suffered a near-drowning event because of a property owner’s failure to put up a barrier or to maintain a reasonably safe standard of care for the property, and this failure resulted in the accident, the property owner may be liable for your child’s injury.
In Colorado, premises liability law requires all property owners – both individuals and companies – keep their property free from hazards, and take reasonable precautions to prevent an accident from occurring. While property owners may not owe a duty of care to trespassers, different rules apply to trespassers who are young children.
Speak with an Attorney about Recovering Damages for a Near-Drowning Accident in Aurora
There is nothing more traumatizing than seeing your child suffer an accident as severe as a near-drowning event. If your child has been hurt, take action to recover damages. An attorney can provide you the legal guidance that you need along the way.
At the Law Office of D.J. Banovitz, your case will be handled with care and compassion. To get you the money that your family deserves to compensate for medical bills, pain and suffering, and more, attorney D.J. Banovitz will be your family’s advocate. To get started on filing your claim in Aurora, contact us today at 303-300-5060.