Drowning Liability – 6 Parties Who May Be Held Liable

After a drowning accident, the person responsible can be held liable and made to compensate the victim. Six common parties to be held liable for a drowning include:

1. private swimming pool owners,
2. public swimming pool operators,
3. neighborhood associations or recreation centers,
4. apartment complexes,
5. hotels, and
6. water parks.

A personal injury lawyer can help victims and their family members recover the compensation they deserve from who is liable.

1. Private Swimming Pool Owners

Probably the most common party to be liable for a drowning accident is the owner of the private swimming pool where it happened. Many drownings occur in swimming pools that are on the property of a private residence. When they do, the pool owner may be held liable.

Private pool owners may be liable if, for example, they:

• did not follow local regulations in securing the pool,
• negligently left a gate to the pool open,
• knew that the victim was in the pool but left them unattended, or
• failed to repair a dangerous condition related to the pool, and that led to the drowning.

If held liable, the homeowners’ insurance policy should cover the private pool’s owners. The owner’s insurance company would pay the award in the personal injury claim or wrongful death case.

2. Public Swimming Pool Operators

Many swimming pools and other bodies of water are open to the public and operated by the local government. If a drowning happens at one of these, the government may be held liable.

Some examples of these public swimming places are:

• public pools, and
• ponds or lakes at a local, state, or national park.

The government agency operating the pool may be held liable if, for example, it:

• failed to warn of a dangerous condition in the body of water, or
• negligently hired untrained lifeguards.

They may also be vicariously liable if the drowning was not prevented because the lifeguards were negligent.

However, there are often obstacles to filing a personal injury lawsuit against a government entity. Depending on the jurisdiction, there may be:

• a shorter statute of limitations,
• damage caps, and/or
• additional filing requirements, like a Notice of Claim.

3. Neighborhood Associations or Recreation Centers

Some neighborhood or homeowners’ associations operate recreation centers. If the center has a swimming pool and someone drowns in it, the association may be held liable.

For example, the association may be held liable if it:

• does not repair a dangerous condition in the pool and that causes the drowning,
• does not warn patrons that there is no lifeguard on duty, or
• negligently hires its lifeguard.

However, the neighborhood or homeowners’ association may require residents to sign a liability waiver in order to use the pool. This may protect the association from its negligence, but generally not from its grossly negligent conduct.

4. Apartment Complexes

If an apartment complex includes a swimming pool or hot tub, the complex may be held liable for a drowning in it. This may happen if the complex:

• ignores complaints about a dangerous condition that then causes a drowning,
• did not provide safety equipment to help someone out of the water, or
• does not take required or reasonable steps to secure the pool.

5. Hotels

Hotels that have swimming pools on the premises may be held liable for drownings that occur in them if, for example:

• they negligently hired the lifeguard or the lifeguard’s negligence led to the drowning,
• pool safety instructions did not inform patrons of the dangers of using the diving board, or
• the pool area was not secured.

It is not uncommon for hotels to include a liability waiver for its patrons, though.

6. Water Parks

Drownings can also happen at water parks. The company that owns or operates the water park may be held liable if, for example:

• a part of the park was unreasonably risky,
• its lifeguards’ negligence led to the drowning, or
• the park did not warn patrons of a potential hazard.

What damages can be recovered after a drowning accident?

Depending on your case, there are several types of damages a personal injury lawyer would pursue:

1. Medical expenses: This includes costs for emergency treatment, hospitalization, rehabilitation, and ongoing medical care related to the incident.
2. Lost wages: If you are unable to work due to injuries, you are entitled to compensation for lost income as well as diminished earning capacity.
3. Pain and suffering: This encompasses physical pain and emotional distress.
4. Wrongful death damages: If the drowning resulted in death, surviving family members may recover:
   • Funeral and burial expenses,
   • Loss of financial support the deceased would have provided, and
   • Loss of companionship, guidance, and support.
5. Loss of consortium: This is compensation for the loss of intimacy and companionship for the spouse of the victim.
6. Punitive damages: This is only in cases of extreme negligence or intentional harm.
7. Legal fees: In some cases, you may recover attorney fees and legal costs.