Egan Explains: Who Is at Fault in a Drowning Accident?

Drowning is a leading cause of unintentional death for children under the age of 5 and the third leading cause of unintentional death for people of all ages. In many cases, drowning accidents are preventable. If you or a loved one has been injured or killed in a drowning accident, it is important to understand who may be at fault. If you have any questions, our attorneys are here to help.

Determining Fault

The fault for a drowning accident can vary depending on the specific circumstances. In some cases, the fault may be clear-cut. For example, if a lifeguard is negligent and fails to rescue a drowning victim, the lifeguard may be held liable. In other cases, the fault may be more complex. For example, if a child drowns in a swimming pool, the parents may be held liable for failing to supervise the child properly.

Common Culprits

Some of the most common culprits in drowning accidents include:

• Property owners: Property owners have a duty to keep their property safe for visitors. This includes ensuring that swimming pools are properly fenced and that there are adequate lifeguards on duty.
• Lifeguards: Lifeguards have a duty to provide competent and diligent rescue services. If a lifeguard fails to rescue a drowning victim, they may be held liable.
• Parents: Parents have a duty to supervise their children closely, especially in areas where there is a risk of drowning. If a parent fails to supervise their child and the child drowns, the parent may be held liable.
• Others: In some cases, other people may be at fault for a drowning accident, such as the manufacturer of a defective pool toy or the driver of a boat that struck a swimmer.

Finding a Drowning Accident Lawyer near Las Cruces, New Mexico

If you or a loved one has been injured or killed in a drowning accident, it is important to seek legal help. An experienced personal injury attorney can help you determine who is at fault and can help you file a claim for compensation.