Maison Law represents accident victims in Fremont. Of all the different types of accidents you could face, one of the most challenging involves drowning or near-drowning. We know how deeply upsetting and damaging these accidents can be, even for survivors. If you’ve been hurt in one of these accidents or lost someone you care about, we can help. Contact us today for a free consultation to talk about your options.

When Would You Need Our Lawyers?

You never expect something as scary as drowning or almost drowning when you’re at a water park, pool, or lake. But sadly, accidents can happen wherever there’s water.

Whether you need our help depends on what happened. If your injuries are minor, you might not need to do anything legally. But if you’re badly hurt, like in a typical drowning accident, our team can step in. With our skills and resources, we can:

Look into the accident and find out who’s to blame.
Help you gather your medical records and other important evidence.
Talk to the insurance company for you.
Speak with witnesses or authorities to understand what happened better.

Injuries

What sets a drowning accident apart from others are the severe injuries it can cause. It’s not surprising considering the circumstances, but they often result in either severe damage or fatal injuries. Moreover, these injuries are common across any drowning accident, regardless of where it happens. So, here’s what you can expect:

Brain damage can result from insufficient oxygen during drowning, leading to issues such as memory impairment, cognitive difficulties, and impaired mobility.
Inhaling water can damage the lungs, leading to complications like fluid accumulation or infections.
The stress of drowning can harm the heart, resulting in conditions such as heart attacks, irregular heart rhythms, or cardiac muscle damage.
Being in cold water can cause hypothermia, resulting in confusion, fatigue, and potentially heart issues due to dangerously low body temperature.
Struggling in the water can cause injuries to muscles, bones, or joints.
Survivors of drowning may experience emotional distress, including anxiety, sadness, or difficulty coping.
Even after rescue, water in the lungs can lead to breathing difficulties hours later, a condition known as secondary drowning.
Unfortunately, those who are already injured or otherwise struggling may be unable to stay above water and may die.

Obviously, these injuries are very severe and could have long-lasting implications for you and your family. In legal terms, though, a drowning accident is the same as any other accident in Fremont. This means that it’s important to do a few things to protect a potential claim.

What Steps Should You Take During a Drowning Accident?

Even if you’re protected by the law, what you do before and after an accident can make or break your case. So, it’s important to be ready in case it happens to you or someone you know. Here’s what to do after an accident:

Reach out for help – If you or someone nearby is struggling and close to drowning, immediately call for help. If it’s safe, try to help them.
Report the accident – Tell the property owner or a responsible person about what happened. Hopefully, they have trained staff like lifeguards to assist. If not, contact law enforcement and emergency services for a swift response.
Seek medical attention – Waste no time in getting medical help. Whether it’s an urgent care center or an emergency room, swift treatment for any injuries is crucial. At places like pools or water parks, onsite emergency medical services may be available.
Document the scene – If possible, capture the scene through photographs and gather witness contact details. Note down particulars like the location, time, and details of the incident. This documentation could be invaluable later on.
Stay on top of treatment – Keep in touch with your healthcare providers to ensure you’re on track with treatment and recovery plans. Consistency in following through with recommended treatments is vital for your well-being.

It’s also helpful to understand where and how these accidents usually happen. This will also make it easier to pin down who exactly is responsible. Most of the time, drowning accidents happen at Fremont’s:

Water parks
Public lakes or rivers
Private pools or ponds
Parks

Regardless of the circumstances, prioritize your health and safety, as well as that of anyone else involved. With that taken care of, you can turn your attention to the actual legal process of recovering.

Liability and Damages in a Drowning Accident

Understanding the circumstances of a drowning accident is important, not just in how you’re able to respond but to your potential legal options. Legally speaking, a drowning accident falls under a personal injury claim, more specifically a “premises liability” claim. Basically, this means that when there’s water around, the property owner or management has the:

Legal duty to keep you and others safe.

They have to take what’s known as “reasonable” steps to do this, which usually involves:

Having signs posted
Checking the property for any drowning hazards
Keeping bodies of water maintained
Having trained professionals around in case something happens

When owners don’t do this and a drowning accident happens, they’ll carry most of the legal responsibility for the injuries and other damage that results. However, others can also have some liability, like:

Drivers of boats
Third party contractors
Local governments

Damages

Figuring out liability is an important step in the process, because it determines who will actually pay for your damages. While your damages will be unique to your case, the actual process for getting those damages remains the same: either filing an insurance claim or a personal injury lawsuit.

Each case will also progress differently, depending on the circumstances and other factors involved. That said, there’s a few common categories of damages that are always available in these types of claims:

Typical damages sought in injury claims cover:

Medical expenses cover the costs of things like hospital bills, surgery fees, medication, rehab, and any other medical care needed because of drowning injuries.
Lost wages or earning potential help you recover any money you didn’t earn because you were injured or sick. This includes both money you would have made at your job and any future money you might have earned if the accident hadn’t happened.
Pain and suffering deal with the physical and mental hurt you feel because of drowning. This includes discomfort, worry, and any other negative effects on your body and mind.
Emotional distress refers to the feelings you might have after a drowning accident. This can be things like fear, sadness, worry, trauma, and anxiety.
Loss of companionship and a reduced quality of life mean you can’t do as much or enjoy life like you did before. It also includes the sadness felt by loved ones because of your injuries or death.
Wrongful death damages are for costs related to the person who passed away, like paying for their funeral and burial. It also includes the money problems their family might have because of their death.

Each case is different, shaped by its own factors and journey through the legal system. That’s why our experience and commitment are so important. We’ll lead you through the process, aiming for the best outcome in getting damages for your losses. Plus, we’ll make sure your claim meets California’s two-year deadline for injury cases after the accident.

Frequently Asked Questions

What kind of case is a drowning accident?

It’s a personal injury/premises liability claim. Basically, you’ll have to show that the person responsible for keeping you safe from drowning hazards failed to do so, leading to the accident and your injuries

Can a drowning accident happen at a private residence?

Unfortunately, yes. A drowning accident can happen anywhere there’s water. At a private residence, this can include a pool, bathtub, or even sink.

Can I file a wrongful death claim after a drowning accident?

Yes, if you’re related to the person that died. California law allows surviving family members to file wrongful death claims on behalf of the deceased.