Swimming Pool Drowning in Cleveland

Determining Liability in a Swimming Pool Drowning Accident

Many swimming pool accidents in both residential and community pools are the result of someone’s negligence. Regardless of where the swimming pool accident occurs, premises liability law requires that property owners maintain a safe and hazard-free environment.

If you’ve lost a love one in a swimming pool accident that was the result of someone else’s negligence, that party may be responsible for a wrongful death. In order to prove negligence, the property owner must have not taken the proper precautions to reduce risk on the property, and must not have acted in a reasonable and rational manner regarding potential property harm.

For example, if a fence did not guard the pool, if a child was swimming unsupervised, or if there were other factors that can be directly linked to the swimming pool death, the property owner may be liable.

Damages You Can Recover in a Swimming Pool Accident

While a swimming pool accident can affect anyone, those who are most at risk are young children under the age of four. In 2009, more than 30 percent of children who died from an unintentional injury died from drowning, reports the CDC. If a child or loved one has drowned in a swimming pool accident, you may be eligible to receive specific types of compensation.

A direct relative of an individual who drowned in a pool may file a wrongful death suit in order to recover payment to cover:

• funeral expenses;
• lost wages, if the decedent was working;
• loss of society; and
• emotional distress.

There are further economic and non-economic damages recoverable for those filing a wrongful death suit, and those with questions should consult an attorney in Cleveland.

Statute of Limitations for Premises Liability

Accidents involving premises liability – such as swimming pool drowning – have a strict deadline, before which you must file a claim in order to be eligible for compensation. There is a two-year statute of limitations on the majority of premises liability cases. Therefore, it’s imperative that you take action now.

 The lawyers at Ryan Attorneys LLP can help you understand:

• how to file a claim;
• what your recovery and compensation possibilities are; and
• how to best prove negligence.

Call us today at 877-864-9495 to set up a free consultation and begin filling your claim today. 

About the author of this article: Thomas Ryan