The Center for Disease Control reports 3,308 United States drownings in 2004—an average of nine people per day, and for each person who drowns, another 1-4 people suffer serious enough injuries that they require hospitalization. Half of those survivors will suffer a significant level of neurological impairment, leaving them with highly uncertain futures. Children under five and those between the ages of 15-24 have the highest drowning rates, and one-fifth of all children who drown do so in a public pool with a lifeguard on duty.
Why are There So Many Drownings?
Accidents involving water can be both terrible and deadly. Water accidents and drownings occur in water parks, motels or hotels, private pools, lakes, rivers or ponds. These tragedies can be the result of supervision which has failed in its duty, sheer negligence in the form of faulty gates, drains or other hazards, or when a victim has entered an area which was meant to be restricted.
While we tend to believe that children who drown were not being closely supervised, statistics show that 70 percent of the preschoolers who drown were in the care of one or both parents—and were missing from sight for less than five minutes. This statistic proves how quickly such a calamity can occur. Even the victims who survive a potential drowning often have some level of brain damage as a result of the lack of oxygen during the accident, effectively changing their lives forever.
Safety Recommendations for Home Pools
Because the vast majority of drownings occur in backyard pools, there are specific safety recommendations in place for pool owners. First and foremost, property owners with a pool on their property are required to have a four-sided isolation fence which is a minimum of five feet high surrounding their pool. The fence must possess self-closing and self-latching gates and must prevent direct access. Additionally, many pool owners go the extra mile and install motion detectors, pool covers which prevent access and remote cameras to ensure the safety of neighborhood children.
Proving Negligence in a Drowning
Grieving parents are often desperate to find answers as to why their child is gone, and may also want to prove negligence in order to ensure other parents never experience such heartbreak, however a wrongful death claim involving a drowning can be difficult to pursue. Essential to proving liability are the facts surrounding the incident, and, as we all know, memories fade rapidly and physical evidence can be quickly destroyed. This is the primary reason to hire an attorney immediately following the accident to ensure a proper investigation is conducted.
Responsibility for Safety
It is generally accepted that a resort, park or public pool has a responsibility to keep their visitors safe, and if can be proven that officials or owners were irresponsible in this duty and a death or accident occurred as a result, that negligence is established. It may also be that the lifeguard was not paying attention or performing his or her job in a responsible manner, also resulting in a claim of negligence. Private pool owners also have a duty to implement safety measures to ensure that small children cannot gain access to the pool, precipitating an accident.
While no amount of money can ever compensate for the life of a loved one, there are drowning cases and water accidents which warrant pursuit of criminal actions against the negligent parties. It is also imperative that an attorney who is highly experienced and knowledgeable regarding drowning accidents be involved in the process as this is a highly specialized area.
At Barrett Law, PLLC, a dedicated Mississippi personal injury accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi. We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.