Drowning Injury Lawsuit

Swimming is a beloved recreational activity enjoyed by many. However, the reality is that a day of swimming can quickly become the setting for tragic events. Drowning incidents can occur in an instant, leading to severe injuries and devastating losses for victims and their loved ones. If you or a loved one has endured a drowning incident due to someone else’s negligence, you may qualify for a drowning injury lawsuit.  

The experienced team of drowning injury lawyers at The Lake Law Firm is dedicated to advocating for the rights of those affected by preventable drowning incidents. A drowning incident can result in lifelong health consequences and, in the worst cases, tragic fatalities. Call (888) 525-3529 or fill out the free case evaluation form on this page today to learn how a drowning injury lawyer at our firm can assist you.  

The Universal Risk of Drowning Accidents 

Drowning can affect individuals of all ages and backgrounds. Regardless of swimming proficiency, accidents can happen to even the most experienced swimmers or vigilant individuals. Drowning incidents can strike at any location with water bodies, including swimming pools, lakes, rivers, oceans, and even bathtubs or hot tubs. However, most drownings occur in swimming pools among children ages 1-4  

Drowning can happen within a matter of seconds, demonstrating the alarming speed at which a water-related incident can escalate into a life-threatening situation. An estimated 320,000 drowning deaths take place annually worldwide, placing drowning as the 3rd leading cause of unintentional injury death. There are an average of 11 drowning deaths per day in the United States alone.  

Who Is Liable in a Drowning Injury Lawsuit? 

Several parties can potentially be held liable in drowning lawsuits, depending on the circumstances of the incident. Defendants in drowning claims may include: 

Property Owners  

The property owner or landlord of the location may be held responsible for maintaining a safe environment and addressing any hazards that could contribute to drowning incidents if the drowning incident occurs on private property. Private pools in the homeowner’s backyard, a hotel, or a resort may fall within this category.  

Pool Operators and Supervisors   

In cases involving public swimming pools or aquatic facilities, operators and supervisors have a duty to properly maintain the pool area, adequately staffed with trained lifeguards, and equipped with necessary safety measures. 

Boating Operators  

The boat operator or owner may be held liable for negligence if they fail to adhere to boating safety regulations or provide inadequate safety equipment if the drowning incident occurs in the context of boating activities.  

Child Caretakers 

As children are one of the most susceptible groups to drowning, it is crucial that the adults in charge of them carefully monitor them in bodies of water. If a child drowns while under the supervision of an adult, that caretaker may be held responsible.  

Legal Claims in Drowning Injury Lawsuits 

There are a few legal claims to consider when establishing liability in drowning cases. Successfully proving one of the following is essential to holding the responsible parties accountable:  


Negligence refers to the failure to exercise the level of care that a reasonably prudent person or entity would exercise under similar circumstances. When an individual violates or does not fulfill their duty of care owed to others, this results in a breach. This breach may involve failing to adhere to industry standards, violating safety regulations, or not taking reasonable steps to prevent drowning incidents.   

Specific examples in drowning cases may involve no lifeguards, not providing proper supervision, or leaving children unattended.  

Premises Liability  

Property owners have a legal duty to exercise reasonable care in ensuring that their premises are free from hazards that could contribute to drowning. Premises liability is a form of negligence. Examples of premises liability in drowning incidents include:  

  •  Maintaining secure fencing 
  • Providing proper signage 
  • Ensuring adequate supervision 
  • Taking measures to prevent unauthorized access to swimming pools or other bodies of water on the premises 

You can hold a property owner liable for the resulting damages and losses if they fail to fulfill this duty and their negligence leads to an incident.

 Product Liability  

Product liability in drowning accidents involves holding manufacturers, distributors, or sellers of defective water-related products accountable for any harm caused. Overall, these claims revolve around design or manufacturing defects that led to the drowning incident. Defective pool products or accessories that contribute to a product liability claim include the following:   

  • Life jackets 
  • Flotation devices 
  • Drains or pool pumps 
  • Ladders, slides, or diving boards  

A drowning injury lawsuit can hold the parties involved in the chain of distribution of that product liable if these defective or unreasonably dangerous products contribute to a drowning incident.

Drowning Injuries  

If your child or loved one died in a drowning incident, you may be eligible to file a wrongful death lawsuit. However, not all drowning accidents end in fatalities. Those who survive may suffer long-term and debilitating injuries, such as:  

  • Traumatic brain injury  
  • Learning disabilities 
  • Paralysis 
  • Seizures 

Although individuals may be revived, drowning heavily affects oxygen flow to the brain. It only takes a short time of oxygen deprivation for the brain before serious consequences set in. When the brain doesn’t get enough oxygen, brain cells begin to die. Cell death happens within 5 minutes of low oxygen, eventually resulting in the above injuries. A drowning injury lawyer at our firm could help you file a claim if you lost a loved one to a drowning incident or if they suffered permanent disabilities as shown above.  

Can a Drowning Injury Lawyer Help Me Recover Compensation?  

If a loved one was injured as a result of a drowning incident, you may recover compensation for any or all of the following: 

  • Past and future medical expenses; 
  • Past and future pain and suffering; 
  • Loss of wages; and 
  • Other economic losses related to the injury. 

For individuals filing wrongful death lawsuits arising from drowning incidents, the court may award compensation for the following:  

  • Medical bills 
  • Funeral expenses 
  • Loss of the deceased’s potential earnings 
  • Loss of companionship  

Drowning Accident Settlements and Verdicts 

Individuals have successfully filed drowning injury lawsuits, and as a result, have secured significant compensation, including:   

  • In 2022, a jury awarded $20.73 million to the family of a drowning victim. According to the lawsuit, the lifeguard company engaged in unsafe practices when the father drowned after becoming caught in a rip tide at Myrtle Beach. 
  • A jury ordered pool management company USA Pools to pay nearly $5 million to a young girl who suffered a traumatic brain injury after a lifeguard allegedly failed to notice her nearly drowning in a pool. 
  • A Tucson jury awarded $2.75 million in damages to the family of a mother of two who drowned in a hotel swimming pool in 2017. The lawsuit claimed that an overly steep slope in the pool floor, poor lighting, and a lack of safety equipment caused the woman’s death.

Speak With a Drowning Injury Lawyer at The Lake Law Firm 

The Lake Law Firm was founded by Edward J. Lake, Esq., a personal injury lawyer for over 25 years. Our dedicated team of attorneys is committed to seeking justice on behalf of those who have suffered injury or death due to the negligence of others. Our experienced attorneys handle many different types of pharmaceutical drugs, medical devices, and other defective products. The lawyers in our firm have helped collect millions of dollars for their clients. A drowning injury lawyer will advocate for you and your rights. Please contact us for a free confidential case evaluation at (888) 525-3529.