Maison Law stands beside families after they’ve lost a loved one in a drowning accident in a California creek. We help victims hold property owners, businesses, and government agencies accountable when victims are allowed to swim in unsafe waters and without proper safety precautions. To find out how to hold at-fault parties fully accountable for their negligence in a drowning, contact a skilled California lawyer and schedule a free consultation.
California Creek Drowning Risks
California has a lot of scenic creeks flowing out of the mountains, across farmland, and through cities. There are plenty of beautiful and relatively safe creek swimming spots, like along Malibu Creek in Los Angeles County or the amazing creeks that flow out of the Sierra Nevada mountains.
But these aren’t public pools with lifeguards, calm waters, and sturdy cement bottoms. Creeks are natural features that carry risks for swimmers. Creeks can flow fast, especially after a storm, and they can quickly grow to the size of a river with depths reaching well over people’s heads. Strong currents and unexpected depths can easily pull people under to cause a tragic drowning.
Creeks might present underwater hazards in the form of rocks and downed trees. People may fall down steep creek banks. They may slip and fall on slick, wet rocks, suffer head trauma, and end up in the water while unconscious. When creeks are maintained by a property owner or city government, these entities can be held liable for tragedies that happen along the banks they are responsible for.
Close family members are encouraged to file wrongful death claims to seek help in the aftermath of a tragic drowning. At-fault parties and their insurance providers can be asked to provide financial support to help families avoid bankruptcy while faced with the unfortunate costs a tragedy can bring with it.
Liability for Creek Injuries and Drownings
Swimmers must know their limits and see to their own safety, but property owners and state and city parks and rec departments might also be found liable after an accident. Those owners and operators are required to show a “duty of care” to anyone who may walk along or enter a creek. The owners are responsible for accidents when they don’t take every action possible to prevent accidents in creeks.
These parties may be held accountable for these and other acts of negligence on their property:
- A lack of warning signs around creeks. Warnings about fast currents, and underwater hazards. No swimming signs.
- A lack of lifeguards where needed.
- A lack of precautions during storms and flooding.
- Negligence in maintaining and clearing drains.
- A lack of fences or gates blocking access to dangerous creeks and canals.
- A lack of security guards where necessary.
- Improper safety precautions taken by recreation businesses who take people out on creeks.
- A lack of safety equipment or inadequate equipment.
The responsibility to restrict access can play an important role in drowning cases involving children. Children can’t be expected to make good decisions when out exploring and left unattended. Property owners may be required to erect barriers to keep children away from dangerous water.
How Can a California Lawyer Help My Family After a Drowning?
Parties found liable for drownings won’t automatically provide the support they should to grieving families. These parties will fight to avoid taking the blame. They may be able to hire teams of lawyers to help them wiggle out of accepting any liability. A California drowning accident lawyer can help families in mourning prove the fault of any property owner or operator and defend them against the tactics used by insurance adjusters.
Your Maison law lawyer fully investigates your case and collects all evidence available, while providing as little disruption to your family as possible. Your family can rest assured that their lawyer is filing a strong case on their behalf. Your lawyer will be seeking the most support possible from an at-fault party’s insurance provider.
Who Can Be Held Financially Responsible for a Creek Drowning?
Creeks can flow about anywhere across cities and in rural areas. It means that just about any property or business owner may be responsible for keeping people safe along one or more creeks.
Nothing can bring back a loved one after a tragic drowning. However, families can still seek justice on behalf of victims. They can hold those who contributed to a drowning financial liable to make sure families don’t face a financial disaster after paying for a funeral and losing the income the deceased had provided to support the family each month.
Your family should consider suing these and other parties found liable in your loved one’s death:
- Property owners
- A float, paddle, or kayak business
- Other business owners with creeks on their property
- Homeowners Association (HOA)
- Landlords with creeks on their residential properties
- Property management companies
- Hotel and Resort Owners
- Construction firms who damage the natural flow of a creek
- City, County, or State Governmental Agencies in charge of parks and streams
Frequently Asked Questions
How long do I have to file a drowning wrongful death claim in California?
Families are granted up to two years to file a wrongful death claim, but waiting can make it harder to secure evidence for your case. Remember that a case involving a state agency could have much shorter deadlines.
Why do I need to file a wrongful death claim against a city or state government sooner?
The deadline to file a lawsuit against a government agency may be much shorter than in a normal case. Families may only have months to file. Governments enjoy certain protections from lawsuits and may also require families to seek permission to file a claim before filing. A lawyer helps you navigate these complex cases.
What if my family can’t afford the help of a California drowning accident lawyer?
Maison Law fights for the rights of families on a contingency basis. It means we don’t get paid unless we win the case for your family. Then our fee comes out of the settlement check or judgment your family receives.
What type of support can my family earn after a drowning?
Families should receive help to pay for funerals and any leftover medical bills. They should get assistance in replacing the income the loved one would have provided to a spouse and children in the future. The family should also earn support for the emotional trauma they’ll continue to deal with.
Contact a California Creek Drowning Accident Lawyer
After a creek drowning accident claims the life of a loved one, take action to seek justice from a negligent property owner or business owner. Maison Law provides a free, confidential case consultation to all families who have lost a loved one in an accident that could have been prevented. Contact us for a no-risk, no-obligation way to find out how to keep a negligent party from avoiding blame and how to secure every benefit possible for your family after a tragedy.
