Swimming is not only a popular recreational activity during hot summer days, but also a form of exercise for many individuals year round. Unfortunately, drowning accidents and deaths are common. It only takes being submerged five minutes for a drowning victim to die, and a near-drowning can lead to permanent brain damage and disability. When drowning accidents are caused by the negligence of others, the victim or family members may be entitled to meaningful compensation.
The law office of Michael LoGiudice is the premier personal injury firm serving clients in the greater New York area. Because drowning accidents often result in significant physical, emotional and financial burdens for a family to bear, we provide our clients with aggressive representation. We routinely pursue drowning accident claims against a variety of negligent parties, including:
- Private homeowners
- Apartment complexes
- Hotels and Motels
- Spas and resorts
- Public pools
- Health clubs
- Amusement parks and water parks
New York Drowning Accidents
Each year, millions of people visit public swimming pools and beaches in New York, and there are thousands of pools at private residences throughout the state. Pools and beaches are highly regulated and have specific requirements for safety features and the adequate supervision of swimmers. In addition, homeowners and owners of hotels, motels, water parks and campsites have a duty to safeguard and supervise pools on their property.
According to the Centers for Disease Control and Prevention, drowning is the fifth-leading cause of accidental death in the United States. About 10 people die each day in an unintentional drowning, and nearly four in five victims are males, most between the ages of 11 and 25 years old. Although boys and men are said to be more likely to take risks, a contributing factor in many drowning accidents is the poor supervision of swimmers. In fact, children between the ages of one and four have a higher drowning rate that any other age group.
Swimming pool accidents can occur from poorly designed or maintained pools or the negligence of property owners. The lack of barriers around swimming pools often leads to accidental drowning, particularly among young children. Property owners can be held legally liable for failing to place fencing or an enclosure around a pool. Moreover, defective or improperly installed drains are a hazard that can entrap small children, leading to drowning or significantly injuring those who escape or are rescued.
While swimming pool accidents are common, there are actually more drownings on average at beaches, particularly during the summer, when there are more swimmers. Water conditions such as clarity, currents and depths are also contributing factors. Regardless of where a drowning accident occurs, it takes the knowledge and skills and an aggressive personal injury attorney to obtain just compensation.
Dedicated Drowning Accident Attorney
The law office of Michael LoGiudice has extensive experience fighting for the rights of drowning accident victims and their families. In order to have a successful claim, it is necessary to demonstrate that a private pool owner or operator of a public pool or beach failed to keep their pool or swimming area and users safe, and that a drowning accident occurred as a result of that negligence.
Whether in a private or commercial setting, negligence in a drowning accident case may involve:
- Improper or no safety fences
- Defective products – diving boards, handrails, pool toys, flotation devices
- Insufficient adult supervision of swimmers -parents, guardians, counselors
- Inadequate number of lifeguards
- Inadequate warning signs
- Inadequate lifesaving equipment
- Poorly maintained pools drains leading to entrapment
We will conduct thorough investigation of the accident, collect essential evidence, interview witnesses and work diligently to establish the negligent party’s liability. We will also negotiate with the insurance company to obtain a settlement that is fair and reasonable.
Even if victims survive, near-drownings can still cause significant lingering health problems that have negative physical, emotional, and financial effects on the victim that last a lifetime. If you were injured while swimming, or if a loved one died in a drowning accident, we will fight for right to meaningful compensation. Call our office or fill out a contact form today for a free consultation.
The law office of Michael LoGiudice serves clients in Manhattan, Queens, Brooklyn, the Bronx, Westchester, Putnam, Dutchess, Nassau, and Suffolk Counties.