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Drowning Causing Wrongful Death

Jan 11, 2023 | California

In drowning lawsuits, the victims or their relatives file a claim against the defendants. They might include careless managers and property owners. Negligence and wrongful death are two popular legal claims, respectively.

Depending on the specifics of their case, plaintiffs in drowning accidents may receive compensation for their expenses, suffering, and lost wages. The victim’s family may be eligible to recover funeral expenses and lost support if the victim passes away.

Liability In a Drowning Accident Wrongful Death Lawsuit

The property owner or landlord may be liable for drowning incidents in private pools (for example, backyard pools.).

This is especially true if the homeowner disregarded the state’s safety laws. For instance, Los Angeles pool owners are required to maintain protective containers, safety latches, and alarm monitors.

Owners or operators of public swimming pools may be accountable for drowning incidents. For instance, under California’s “Respondent Superior” Act, employers may be “vicariously accountable” for the employee’s negligence. The staff members, including the lifeguards, might potentially be in the claim. The majority of workers, however, do not possess the financial means that property owners do.

The captain or owner of the ship could be accountable if someone from the boat jumps overboard. It’s possible they failed to provide life jackets or the boat’s captain was inebriated.

The persons in charge of looking after youngsters may be accountable if they drown. Whether the drowning event occurred in a lake, bathtub, pool, or on the beach is irrelevant.

Who Can File In a Wrongful Death Lawsuit?

Many drowning events result in fatalities. The family of the deceased can then bring a wrongful death claim against the person or parties responsible for their deaths.

Any of the following relatives may launch a wrongful death lawsuit:

  • Surviving partner
  • A living child
  • Domestic companion
  • Only if the deceased person’s children have already died
  • Any further relatives or anyone who are legally entitled to the decedent’s property under intestate succession laws.

In most drowning cases, the survivors enter a vegetative state. Then, someone acting as the victim’s agent may file a lawsuit on their behalf. This can be the surviving spouse, a close friend, or someone designated legal representative by the victim.

Following a Drowning Incident, What Wrongful Death Claims are Available?

After a drowning death, the victim’s family members may bring a wrongful death claim.

The family would need to show evidence of:

  • The defendant caused the victim’s or decedent’s death intentionally or accidentally, families suffered financial hardship as a result of the death, and the victim or decedent passed away.
  • A personal representative to represent the estate of the deceased.

In Los Angeles, California, a “survival” cause of action may be an addition to a wrongful death suit. The victim’s property is the subject of this case. Its objective is to make up for the losses suffered by the deceased’s relatives.

What Takes Place in a Liability Waiver?

A liability release signed by a minor (someone under the age of 18) might not be legally binding. Usually, one of their parents or a legal guardian must sign on their behalf.

There is a chance that the accident won’t be covered even if the waiver was valid. It all depends on the text of the waiver and the specifics of the drowning.

Lawyers for drowning accidents can also help the victim determine whether or not the waiver is legitimate and how to contest it.

Contact Attorney Today

The KAASS LAW Firm can assist you. Whether in a swimming pool or on the beach, Los Angeles, California, sees a lot of drowning accidents every year.

If you are aware of a family member or close friend who recently drowned, kindly call us at 310-933-5171. Wrongful death is simply one of our many practices.