Maison Law represents injury victims throughout Fresno. While its central location in California isn’t as known for water access, there’s still a variety of different lakes and other areas where drowning accidents can happen. Our Fresno premises liability lawyers understand how damaging these incidents can be, and we can help you through the legal process. Contact us today for a free consultation
Do You Need Our Lawyers?
Simply put, you might not need a lawyer if the drowning accident you’re in was only minor. There’s no requirement in California that says you need a lawyer to file an injury claim, but in cases of drowning (or near-drowning), having our experienced team on your side can definitely help.
We’ll start by investigating the accident to determine who’s at fault. Then, we’ll help you organize your medical records and gather essential evidence to support your case. Additionally, we’ll handle communications with insurance companies on your behalf. Lastly, we’ll liaise with authorities or witnesses to gather additional information about the incident.
Overall, we want to make this process easier on you and your family. There’s no up front cost to working with us, as we take our fee from whatever result we get for you.
Injuries
A drowning accident, no matter where it happens or why, is highly unpredictable. While there’s a wide range of potential damage, they most often result in serious, even fatal injuries. Most often, though, it leaves you facing:
- Brain injuries – When your brain is deprived of sufficient oxygen during a drowning incident, it can result in issues such as memory impairment, cognitive difficulties, and motor function challenges.
- Lung damage – Taking in water can harm the lungs, leading to complications like fluid accumulation or respiratory infections.
- Cardiac issues – The stress of drowning can inflict damage on the heart, resulting in conditions such as heart attacks, irregular heart rhythms, or cardiac muscle damage.
- Hypothermia – Exposure to cold water can cause the body temperature to drop dangerously low, resulting in symptoms such as confusion, fatigue, and in severe cases, cardiac problems.
- Muscle tears or ligament damage – Struggling in water can lead to injuries affecting muscles, bones, or joints.
- Psychological distress – Survivors of drowning may experience feelings of anxiety, sadness, or difficulty in coping with the aftermath.
- Delayed drowning – Even after being rescued, the presence of water in the lungs can lead to respiratory issues hours later.
- Fatalities – Often, those already injured or incapacitated may become unable to keep themselves above water, leading to fatal outcomes.
These injuries are fairly common across most drowning accidents. At the same time, the circumstances of your particular accident is going to be a huge part of your potential legal options. First and foremost, you need to know what to do during and right after the accident.
What You Need to Do When There’s a Drowning
Even when the law supports your case, the strength of your position hinges on your actions before and after the accident. Therefore, it’s crucial to be prepared in case such an incident occurs to you or someone you’re with. Here’s a guide on what to do afterward:
- Call for help – Call for help immediately if you or someone else is in danger of drowning. If it’s safe to do so, provide aid without jeopardizing your own safety.
- Report the incident – Inform the property owner or responsible party about the situation. Ideally, they will have trained personnel like lifeguards available to assist. If not, contact the authorities and emergency services for swift response.
- Get medical care – Seek medical attention promptly. Whether at an urgent care facility or an emergency room, addressing your injuries promptly is paramount. If the accident transpired at a pool or water park, there may be on-site emergency medical services.
- Get documentation and evidence – If possible, document the scene with photos or videos and gather contact information from witnesses. Record the location, time, and details of the incident as accurately as possible. This information could prove valuable later.
- Follow treatment plans – Stay in communication with your healthcare providers to monitor your recovery and follow their recommendations for ongoing treatment.
Ultimately, prioritize your health and safety, as well as that of anyone else involved. Once that’s taken care of, you can start thinking about what you can do legally.
Liability and Damages in a Drowning Accident
The major difference between a drowning accident and others in Fresno is that–rather obviously–it can only happen at a water source. Thus, where they usually happen will tell you a lot of liability. Most of the time, these accidents happen at:
- Swimming pools
- Lakes
- Bathtubs
- Irrigation canals
- Ponds or streams
- Rivers
- Water parks
In terms of actual liability, a drowning accident is viewed the same as any other premises liability claim. Still, figuring out who is responsible can sometimes be tricky. However, the legal standard is still negligence, which means showing a:
- Duty of care – The obligation to maintain a safe environment free from hazards.
- Breach of duty – Failure to uphold the duty of care.
- Accident and injury – An incident resulting from the breach, leading to injuries or damages.
Potential parties liable for drowning accidents include:
- Property owners or management – Responsible for controlling access to water and ensuring safe conditions on private property.
- Boat or watercraft operators – Liable if negligence or failure to adhere to safety regulations contributes to the accident.
- Third parties – Such as maintenance personnel or lifeguards, accountable for inadequate safety measures.
- Government agencies – If responsible for overseeing water bodies and failing to maintain safety standards.
Identifying all responsible parties is essential, as they collectively bear the responsibility for covering your losses. To recover damages, however, navigating the claims process is necessary.
Damages
Despite their unique nature, drowning accidents are treated similarly to other incidents under the law. Your options for filing an injury claim include filing an insurance claim outside of court or going within the court system to file a personal injury lawsuit. The primary objective of any injury claim is to recover damages, which depend on the circumstances. Still, here’s what can potentially be recovered:
- Medical expenses, which cover treatment costs, rehabilitation, and healthcare services.
- Lost income, which is for any current and future earnings lost due to the accident.
- Pain and suffering, which addresses physical pain and mental anguish from the incident.
- Emotional distress, covering psychological impacts of the accident.
- Loss of companionship or quality of life, covering diminished life enjoyment and relationships.
- Wrongful death expenses, which cover funeral and burial expenses for fatal accidents.
Every case is different and needs experienced help throughout the legal process. Remember to follow California’s time limit (statute of limitations) for injury claims, which is two years from the accident date.
Frequently Asked Questions
What are the leading causes of drownings in Fresno?
Factors contributing to drownings may include lack of supervision, inability to swim, alcohol consumption, and hazardous conditions in water bodies.
What legal steps should be taken in the event of a drowning in Fresno?
It’s important to report the incident to authorities, seek medical attention for any injuries, and consider consulting with our team if you want to take legal action.
Is a wrongful death claim different from a drowning accident claim?
This depends on the circumstances. A drowning accident is either a personal injury claim if there’s only injuries, but can turn into a wrongful death claim if the injuries are fatal.
Experienced Fresno Drowning Accident Lawyers
Experiencing a drowning accident in Fresno can be overwhelming, but you don’t have to face it alone. The dedicated team of drowning accident lawyers at Maison Law is here to support you. Contact us today for a free consultation to learn more about your legal options and how you can begin the road to recovery.
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