If you or a loved one has suffered a drowning accident, a Chicago drowning accident lawyer from our personal injury law firm, is ready to provide the legal representation you need to seek compensation for your injuries.
What Is Drowning?
According to the Centers for Disease Control (CDC), drowning occurs when respiratory impairment results from immersion in liquid, preventing breathing. It is NOT always fatal and requires prompt medical attention.
What Do Drowning Statistics Show?
According to the National Drowning Prevention Alliance (NDPA):
- On average, there are 4,500 drowning deaths in the U.S. each year.
- For every accidental drowning death of a child, 7–8 more are treated for non-fatal drowning.
- Young children aged 1–4 are at higher risk of drowning in pools or nearby water bodies.
- Fatal drowning accidents are the #1 cause of preventable deaths for children ages 1–4 and the second leading cause of unintentional injury death for children up to age 14.
- Most boating fatalities are due to drowning.
What Causes Drowning Accidents?
The risk of drowning can increase for a number of reasons, like lack of supervision, drinking alcohol or using drugs, not having flotation devices, hidden medical conditions, or defective pool equipment.
Who Is Responsible for Drowning in a Swimming Pool Accident?
Most swimming pool accidents and swimming pool injuries occur because of negligence on the part of a person or entity. Responsible parties can include:
- Pool owners, such as the City of Chicago, gyms, water parks, or landlords, who must ensure pool safety and provide proper warning signs to prevent accidents
- Pool management who are hired to maintain most swimming pools in apartment buildings
- Maintenance crews or lifeguards if they fail to prevent injury or death to swimmers
What If Drowning Injury Victims Signed a Waiver to Use the Pool?
Pool owners of public and private swimming pools often use waivers to avoid liability for pool-related accidents. Courts may enforce clear, well-written waivers but often reject ones that are too broad or vague. Waivers must be clear, explicit, and concise and should include:
- The type of harm being waived
- The risks and activities involved
- The party being released from liability
Who Is Responsible for a Drowning on Lake Michigan?
Negligent parties who recklessly cause a drowning incident, death, or injury on a body of water can include:
- Boat owners—they must ensure safety devices are maintained and operators are competent.
- City of Chicago lifeguards at public pools and beaches who issue swimming bans based on weather and water conditions—the city may be liable for drowning deaths unless swimming is illegal or outside its control.
- Beachfront property owners of breakwalls and harbors—they must maintain proper lighting to warn boaters at night.
- Liquor establishments—if the boat captain or driver was overserved alcohol at a bar or restaurant, you may be entitled to damages under the Illinois Dram Shop Act.
What Are Common Causes of Drowning Accidents in Boats?
Negligence that can lead to a drowning in a boat accident include:
- Alcohol use by boat operators
- Distracted or inattentive operators
- Dangerous ship deck conditions
- Failure to supply life jackets or other rescue devices
- Broken or malfunctioning breakwall lights and lighthouses
- Failure to issue weather-related warnings
- Inadequate maintenance of vessels
When Is a Fatal Drowning Wrongful Death?
A fatal drowning is considered wrongful death when it results from someone else’s negligence or intentional actions. According to Illinois law (the Wrongful Death Act), to prove wrongful death, the victim must have died, the defendant’s actions caused it, and you relied on the deceased financially or emotionally.
What Can I Recover from a Fatal Drowning?
In a wrongful death lawsuit, including a drowning lawsuit, you may be entitled to damages for:
- Medical bills prior to death
- Funeral and burial expenses
- Loss of companionship and emotional or financial support from the deceased
- Mental anguish
- Punitive damages if the death was caused by intentional actions
Find Out What Your Case Is Worth
Chicago drowning accident lawyers assess the value of your case based on the injuries sustained, the likelihood a jury will find the defendants should be held liable, and whether the defendants have assets (like insurance or a high net worth corporation).
What to Do If You Suffer a Non-Fatal Drowning Injury
If you suffered non-fatal drowning injuries:
- Seek medical attention.
- Document the incident with photos.
- Collect witness information.
- Contact our drowning or swimming pool accident attorneys to consider a drowning accident lawsuit.
Damages for Survival Claims
Victims of drowning accidents often suffer catastrophic injuries—such as brain damage—that affect them and their families forever. If you suffered major injuries, you may be entitled to damages for:
- Past and future pain and suffering
- Past and future loss of a normal life
- Past and future medical expenses and caretaking costs
- Scarring and disfigurement, including surgical scarring and the use of a wheelchair or other assistive medical device
- Lost wages, including future lost earnings and anticipated social security payments
How Can an Attorney Help an Injured Person?
A drowning victim or someone who has lost a loved one to drowning should contact an experienced personal injury lawyer with in-depth knowledge of premises liability law. The attorney will gather evidence to prove negligence, work with experts, and negotiate with insurance companies to get you the fair compensation you deserve in a drowning or wrongful death claim. Finally, they will guide you through the legal process and fight for your rights.
Examples of Valid Drowning Accident Cases
The Chicago drowning accident attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers, represent victims of drowning accidents in various scenarios, including incidents at Lake Michigan, the Chicago River, boating accidents, falls from piers or breakwalls, and drownings at public or private property and beaches, swimming pools, water parks, spas, hot tubs, and summer camps.
Get Help with a Personal Injury Claim
If you or family members has been injured in a fatal or near-drowning accident, it is important to seek legal representation in a personal injury lawsuit as soon as possible. The Chicago drowning accident attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers, have experience handling these types of swimming pool accident cases and non-fatal or wrongful death cases. We are dedicated to fighting for the rights of victims and their families.
(312) 223-1700