Drowning Victims

Drowning is one of the leading causes of death for children under the age of 16. About one in five people who die from drowning are children 14 and younger. Children ages 1 to 4 have the highest drowning rates. While children are often the victims of drowning accidents, this horrifying event can happen to anyone.

Over half of drowning victims treated in emergency departments (EDs) require hospitalization or transfer to other facilities for further care. This is contrasted with other accident victims where only 6% of victims require such treatment. This is because even in a case where a drown victim ultimately survives, the injuries sustained can often be devastating. On many occasions drown victims suffer brain injuries resulting in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).

There are various influential factors that contribute to drowning accidents. These factors may include lifeguard negligence or improper lifeguard training, beach patrol negligence, pool operator negligence as well as negligent pool maintenance. Another contributing factor may be as a result of a defective pool gate or defective pool fence. Furthermore, in many instances a public pool may not contain the adequate safety equipment to assist in the rescue of a possible drown victim. There have been many occasions where the person present while the victim is drowning is unable to undertake rescue because he or she is unable to swim. In cases such as these, the adequate equipment may have been instrumental in the rescue of the victim. In these instances the neglect of pool operators to keep a safe premises contributes to such a tragedy.

Drowning cases are extremely complex and must be filed in different courts depending on many factors such as the age of the victim and the location (private, business, and residence or government/public swimming locations). If you or a loved one has suffered a drowning injury or fatality, there are laws and regulations to help protect and compensate you. Call the Law offices of Jimmy De La Espriella, P.A. to find out what you can do.

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