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Wrongful Death Lawyer FAQ: Is a drowning considered to be a wrongful death?

Posted on December 12th, 2019 by Oddo & Babat, P.C.

Wrongful Death FAQs

The tragic loss of a loved one can be emotionally exhausting. When the death was something that might have been preventable, or sudden, such as drowning, feelings of shock and confusion might overwhelm you. Questions about whether or not the death could have been avoided consume your thoughts. You may be looking for the answers to these questions, but as of yet, have been unable to find them. If you can relate, now is the time to consider calling a wrongful death lawyer for help and advice. If you lost a loved one to a drowning accident, compensation may be available.

Is Drowning Considered to Be A Wrongful Death?

If you believe that another person’s actions, or lack of, caused or contributed to the drawing, it may be possible to recover damages. A drowning can occur in any number of ways, but often happen because of:

  • The inability to swim
  • The water was too deep
  • There was a strong undertow
  • The victim was forcefully held down
  • The victim hit their head and was knocked unconscious in the water
  • Jumping into the water
  • Defective pool drains, pumps, or ventilation
  • Intoxication

When the victim forcefully drowned, it may be considered manslaughter or homicide. In this case, the defendant may face criminal charges. As a wrongful death lawyer might explain to you, it may be possible to file a civil claim against the defendant even if they are sent to prison and the owner of the pool.

Who Could Be Liable for a Drowning?

  • The owner of the pool
  • The manager or company of the pool
  • The maker of the pool and/or pool supplies
  • Lifeguards
  • A school
  • A swimming teacher
  • A company of a swimming-related activity

Drowning While Boating 

Although many drownings occur in swimming pools, some occur during a watercraft or boating activity. This can happen when:

  • The boat capsizes
  • The boat is going too fast
  • The victim was struck by a boat or boat propeller
  • The victim was participating in a water sport and was caught in a rope or fell off and drown
  • Life jackets were not provided to swimmers

In the case of a boat accident that resulted in a drowning, a wrongful death lawyer might seek to hold the following parties responsible:

  • The driver of the boat
  • The owner of the boat
  • The company of the tour service
  • The boat manufacturer

Call a Wrongful Death Lawyer if You Lost Someone to Drowning

Right now might be a very difficult time in your life. The last thing you may want to do is go through a civil claims process. However, a wrongful death lawyer can take care of most things so you can focus on healing. By filing a claim you might not only cover some of your lost expenses, but many people also find that it brings them some degree of closure. If you would like to know more about your case, call a wrongful death lawyer, like a wrongful death lawyer in Bloomington, IL, now.

Thank you to Pioletti Pioletti & Nichols for their insight into wrongful death law.

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