Legal Strategies for Pursuing Compensation in Child Drowning Cases

Pools, beaches, water parks, and other such locations and environments can offer children an opportunity to develop their physical fitness while having fun. However, it’s imperative that children be properly supervised during these activities.

No parent wants to think about their child being harmed or tragically losing their life in a drowning accident. That said, if such a tragedy has struck in your family due to the negligence of others, there may be avenues to pursue justice and seek compensation for careless or reckless behavior contributing to such an unimaginable loss. In Massachusetts and the surrounding New England states, families may file insurance claims or lawsuits seeking compensation if their children were harmed in drowning accidents resulting from the negligence of other parties.

In some cases, they don’t even need to prove negligence to show they’re eligible for compensation, if a defective product is involved. Understanding potential legal strategies in these circumstances can help you better determine how you may seek justice on behalf of your child.

Understanding Liability in Drowning Accidents Involving Children

There are various parties that may be liable when a child is harmed or passes in a preventable drowning accident. The following examples indicate how negligence can result in such accidents.

• Perhaps your child is swimming at a public pool or a pool operated by a business such as a fitness center. Whoever operates the premises has a duty to supervise your children appropriately. The operator may be liable if your child was hurt in a drowning accident due to lack of supervision. Even if an individual lifeguard or other such individual was technically responsible, the legal principle of vicarious liability states that the employer is also liable.
• Those who own and operate camps, schools, and other facilities with pools or other bodies of water where children swim, have a duty to properly staff their facilities, and adequately train counselors, lifeguards and other personnel.
• Maybe your child was hurt in a drowning accident during a school activity. Depending on the specific circumstances and the location in which the accident occurred, the school or daycare center might be the liable party in this scenario.
• Sometimes, children are harmed in drowning accidents because safety products or other water activity products are defective. For example, maybe your child was hurt or lost their life because a flotation device failed. In this case, the liable party might be a manufacturer or designer. When a dangerous product causes harm, you don’t need to prove negligence. In Massachusetts and many other states, the legal theory of breach of warranty applies to these types of cases.

Again, the above are merely examples. You might not be sure whether the circumstances of your child’s accident permit you to seek compensation. Reviewing your case with a legal professional who has experience handling such matters can help you better determine your options now.

Seeking Compensation After a Child is Hurt in a Drowning Accident

The damages that may be available after a child is hurt in an avoidable drowning accident can depend on many factors. For instance, if your child survived their accident, they may nevertheless have been left with serious injuries requiring costly medical treatment. Compensation for their medical bills may be available if they will require ongoing care throughout their lives due to severe injuries. A successful lawsuit could also account for the estimated cost of future medical bills.

The pain and suffering endured by your child as a result of their injuries represents another compensable type of damages. Even though these non-economic consequences of an accident don’t have an easily determinable financial value, you may nevertheless be able to seek such compensation on your child’s behalf.

Unfortunately, some tragic drowning accidents result in death. In these circumstances, you may file a wrongful death claim or lawsuit to seek compensation for such losses as funeral expenses and the emotional distress you may experience due to a child’s untimely passing.

It’s important to ensure your child receives prompt medical care if they’re hurt in a drowning accident. Save copies of medical bills and all documentation related to the losses your child has sustained. Also, investigative reports and witness statements can be critically important evidence.

Be aware that you have limited time to take legal action when considering filing a personal injury or wrongful death lawsuit after a child’s drowning accident. If you don’t file a lawsuit by the deadline established under the statute of limitations, you’ll no longer be able to sue for compensation.

Of course, you might not know where to start when pursuing compensation in these circumstances. At Swartz & Swartz, PC, our Boston child drowning accident lawyers can help by reviewing your case and providing aggressive representation for you and your child. Learn more about how we can help by contacting us online or calling our offices at (617) 742-1900 to set up your free consultation today.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.