Drowning Accidents

New Orleans Drowning Accident Lawyers

Representing Victims of Drowning Accidents Across Louisiana

According to the Centers for Disease Control and Prevention, an average of 3,536 unintentional drownings occurred within 2005 to 2014 in the United States. This makes it the fifth leading cause of unintentional injury death in the country. Regardless if the drowning occurred in a pool, on a lake, or otherwise, it is vital to seek legal guidance for your loss. A drowning accident often occurs because of the property owners’ negligence.

If you have lost your loved one in a drowning accident, you may be able to seek compensation if it was a wrongful death. Contact our New Orleans drowning accident lawyers today for a free case review: (504) 608-3211!

Determining Who is at Fault in a Drowning Accident

Lifeguard Negligence at a Public Pool: There are cases when a lifeguard on duty is not paying attention while children or fellow swimmers are drowning—resulting in a drowning accident. In this case, the lifeguard and the owner of the pool may be held liable for wrongful death.

Pulled Under the Water by Suction: Faulty pool filters can also be known to cause drowning accidents. Their suction can force a swimmer to remain underwater. In this case, the pool filtration manufactures may be held liable.

Parent/Guardian Negligence: If a parent or babysitter walks away from the pool while the child drowns, they may be held responsible for the child’s death.

Horseplay Among Swimmers: There are instances where swimmers by be playful and run around the pool or may push each other, but this can lead to serious injuries. If a person hits their head on the side of the pool, they may be knocked unconscious and drown. The individuals behaving unsafely in the pool may be held liable.

Attractive Nuisance Doctrine & Drowning Accidents

The "attractive nuisance" doctrine allows a premises owner to be held responsible for injuries suffered by children trespassing on the property if those injuries were caused by a hazard likely to attract kids.

In Louisiana, as in many other states, swimming pools are one of the most common examples of attractive nuisances. They can be especially dangerous in the hot summer months, when children are attracted to them to cool off and have fun. However, pools, especially unsupervised ones, can quickly become death traps for unsupervised children who don't know how to swim or can't understand the dangers associated with water.

Louisiana law recognizes the attractive nuisance doctrine and applies it to drowning accidents, meaning that property owners could be held liable for accidents occurring in their pools, particularly if the pool was not secured or if safety measures were not in place.

For liability to arise under the attractive nuisance doctrine in Louisiana, certain criteria must be met:

  • The condition is dangerous and the property owner or occupant is aware or should have been aware of it.
  • The child, because of their age, did not understand the risk involved in interfering with the condition or coming into the area where the danger exists.
  • The utility to the property owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to the child involved.
  • The property owner or occupant failed to exercise reasonable care to eliminate the danger or otherwise protect the child.

Contact our New Orleans Drowning Accident Lawyers: (504) 608-3211

If you have been injured while swimming or if you lost a loved one in a drowning accident because of another person’s negligence, you have the right to seek compensation. There is a statute of limitation on premises liability cases of one year; therefore, it is vital to contact an attorney as quickly as possible. Tony Clayton & Associates can help you recover the monetary compensation that you deserve. We are dedicated to helping our clients secure their future and overall wellbeing. With over 20 years of experience, we have the knowledge and experience needed to properly defend the rights of the New Orleans community.

Contact our New Orleans drowning accident lawyers today for a free case review: (504) 608-3211!

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