Local families who suffer the tragic loss of a loved one to a drowning can seek help with their funeral costs and in replacing the income the victim may have supported the family with.
Maison Law of Fort Bragg CA stands beside local families. We help them hold property owners and business owners liable when victims are allowed access to unsafe pools and other bodies of water. To find out how to hold at-fault parties fully accountable for their negligence, contact a skilled Fort Bragg lawyer and schedule a free consultation.
Should Families Turn Their Case Over to a Lawyer After a Drowning?
If your loved one was taken in a heartbreaking drowning accident, and someone’s negligence was to blame, it’s a good idea to speak to a Fort Bragg Drowning Accident Lawyer about your options.
Families are eligible to receive substantial support after such a tragedy from any individual or business that contributed to the accident. But the potential of having to write a large settlement check often prompts insurance companies to fight harder against accepting fault. An insurance adjuster may try to blame the victim for what happened. A company or corporation may also be able to afford its own lawyers to fight accountability.
A skilled Maison Law attorney fully investigates the drowning and those to blame. The evidence collected is used to shut down any false accusations an insurer wants to use to deny the family support. Then, an experienced attorney fights for the most in support possible for families.
Maison Law is often able to secure much more for a grieving family than they could secure themselves. A lawyer can also handle the legal process while providing as little disruption to grieving families as possible.
Pool and Lake Drowning Dangers in Mendocino County
The owners and operators of pools and those overseeing other bodies of water are held to a legal standard when it comes to protecting visitors.
California holds all property owners and pool owners liable for any harm that comes to guests under California’s Civil Code.
CCC 1714 “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself…”
It means owners and operators must clear out the hazards they may create as part of their daily operation. They must also monitor for the dangers that other guests may create and remove those in a reasonable amount of time.
The civil code also applies to keeping visitors out of dangerous bodies of water, posting warnings and even barriers, and supplying security. This duty is especially important when it comes to children. Curious children and teens may not have the judgment to stay out of dangerous ponds and fast-moving rivers. It may be up to farm owners and parks and rec departments to take action to keep these vulnerable swimmers out of certain areas.
These are just a few of the dangerous acts of negligence that can cause tragic drownings and leave property and business owners liable:
- Failure to provide properly trained lifeguards
- Failure to provide proper safety devices and protections for swimmers
- Failure to keep up with maintenance of pools and ponds to prevent hazards with drains and pumps, and around dams
- Failure to remove slip-and-fall hazards around pools and on docks that might send someone unconscious into the water
- Failing to provide fencing and security measures around closed pools, at river and lake parks, and around standing water on farms
- Failure to post warning signs about swimming dangers
- Failure to Keep swimmers out of the path of careless boaters
These and other neglected responsibilities can leave a business or property owner fully liable for a family’s hardships after a drowning. The fault may be clear, but insurers and lawyers for companies and national chains can confuse the tragic events to see if they can limit what they must pay. A skilled Fort Bragg Premises Liability Lawyer would document all acts of negligence and help families seek justice.
Who Is Liable in a Drowning Wrongful Death Case?
Fort Bragg has plenty of pools available in the summer and, of course, plenty of beautiful natural bodies of water.
The homeowners and businesses who maintain pools must keep them safe for any visitors or customers they invite in. They must also protect against the unexpected trespassing of a child.
The government departments over public pools and lakefronts must also work to remove hazards to swimmers and folks near the water.
A skilled attorney works to identify all parties who contributed to a tragic drowning. In some cases, multiple parties may be liable for a tragedy and would be forced to support the family members left behind.
These are just a few of the potential liable parties in a drowning in Mendocino County:
- Property and Business Owners
- Waterpark Owners and Private Parks Owners like those at Camp Noyo
- Homeowners with pools
- Hotel and Resort Owners
- Homeowners Association (HOA) over community pools
- Landlords and Property management companies maintaining pools for residents
- Paddleboard, canoe, innertube, and boat rental businesses, such as those that operate along the Noyo River
- Farm and Orchard Owners responsible for safety around ponds and canals
- The City of Fort Bragg (such as liability for operating the C.V. Starr Aquatics Center)
- Mendocino County, California Parks and Rec Departments, and Federal Forestry Agencies
Anyone or any company that contributes to a drowning can face an insurance claim or lawsuit and have to support families in mourning.
Who Can File a Wrongful Death Claim After a Drowning?
When a loved one is tragically killed due to the negligence of someone else, the family that’s been victimized must file a wrongful death claim to seek justice. The family should also receive help in paying funeral costs and other damages caused by a sudden death.
California law empowers certain relatives to file a wrongful death claim on behalf of the entire family.
- Surviving spouse of the deceased
- Children of the deceased
- Other family members who were financially dependent on the victim
- The parents or guardians of a child lost to a drowning tragedy
- A personal representative who has been appointed to the estate
A Maison Law Wrongful Death Attorney can also take up this case, leaving families with additional time to grieve their loss. An attorney can represent one family member or the entire family in the process. A skilled attorney can often secure much more for families in a claim than they could usually earn by handling a case themselves.
Compensation for Mendocino County Families After a Tragic Drowning
The families left behind after a drowning should be the focus and must receive support through such a difficult time. Sadly, insurance companies for property owners and business owners can focus on their profits instead.
It’s why every hardship the family faces must be included in a wrongful death claim and backed with evidence.
A Maison Law attorney would demand support for these factors and others on behalf of a family in morning:
- Totals on remaining medical bills and ambulance fees.
- Support to pay for a funeral and burial.
- Support for the emotional hardships a family will suffer.
- Support for children of the victims who have lost the love and guidance of a parent. That includes the cherished moments of entering college and graduating, and sharing the gift of childbirth with parents. Those moments can’t be replaced, but those at fault must be held accountable.
- Support for parents who lose the love and companionship of a child now and in the future.
- Cost of psychological counseling for family members to help them cope with the loss.
- Loss of consortium. (The lost support and intimacy of a spouse or partner)
- Reimbursement for the wages and benefits the victim can no longer contribute to the family in the coming years.
Schedule a Free Consultation with a Fort Bragg Drowning Accident Attorney
After a careless drowning accident claims the life of a loved one, take action to seek justice from a negligent property owner or a governmental department. Contact the skilled Drowning Accident Lawyers at Maison Law for a free consultation and case evaluation.
We understand the pain a sudden death will cause. We want to make sure families don’t miss out on important support while they are overwhelmed with grief.
There’s no obligation for your case review, but if you need our help to earn more in support for your family, you don’t need any upfront money to hire a lawyer. Maison Law doesn’t receive anything unless we win support for your family. Then our fee comes out of the money that the at-fault party and an insurer are forced to pay.
