What types of claims are used in a water-related injury?
Posted August 6th, 2015 by Anthony Carbone, PC.
Categories: Personal Injury.
The sun is blaring and many seek relief by taking a dunk into a swimming pool or some other body of water. Unfortunately, water fun can represent a dangerous adventure. Often, water-related injury claims are quite serious. Some even involve fatal accidents.
Accidental Drowning
According to Center for Disease Control, children under the age of four are the most susceptible to accidental drowning. Obviously, this number is influenced by the fact that many young children have not yet honed swimming skills. In addition to lack of swimming abilities in all ages of victims, here are some other factors that contribute to accidental drowning:
- Improperly secured swimming pool: If a swimming pool is not fenced off, it allows for unwanted exploration. Many communities have restrictions in place concerning fencing around swimming pools.
- Lifeguard Inattention/Supervision: If the swimming area boasts lifeguards and someone drowns, there may be a cause of action for failure to attend to the situation.
- Medical Issues: Some accidental drownings are related to medical issues, such as heart attacks or hyperventilation.
Other Types of Water-Related Injuries
Unfortunately, diving accidents are a common source of personal injury. Individuals may unknowingly dive into shallow waters and sustain serious medical issues. Diving accidents may also result in death. In addition, traumatic brain injuries are a common when the victim hits his or head on the bottom of a pool. Others may incur damages when coming into contact with buried branches in free bodies of water.
Defective equipment may also contribute to water-related injuries. This may involve design and maintenance issues, such as failure to maintain slides in a waterpark. It could also include diving boards that come loose and improperly propel the diver. Faulty pool equipment is yet another source of water-related accidents.
Boating accidents are also responsible for some water-related injuries. Admittedly, there is some risk in jumping aboard a fishing vessel or a pleasure boat. However, boat operators have a responsibility to maintain and operate their craft.
Types of Claims
Water-related injury claims fall into four major categories as follows:
- Premises liability: Property owners have a duty to protect against personal injury on their premises.
- Products liability: If there is an issue with a defective product, there may be a claim against the manufacturer.
- Wrongful death: If it can be proved that an individual’s death from a water-related accident was due to another party’s negligence, the estate may have a cause of action.
- Improper Operation: Car accident claims are brought because of improper conduct on behalf of the vehicle operator. The same theory may be used to pursue an action against a boat operator.
Contact Us
The Law Offices of Anthony Carbone has decades of experience working on behalf of injured clients. If you or a loved one has been injured in a water-related accident, we can provide you with legal advice. Contact us to determine if you have a claim.
