Maison Law stands beside families after they’ve lost a loved one in a drowning accident involving a retention pond. We help victims hold property owners, businesses, and government agencies accountable when victims are allowed access to unsafe ponds and canals. 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, no-obligation consultation.
Should My Family Contact a Lawyer After Losing a Loved One in Retention Pond Drowning?
When you aren’t sure if your family has the legal grounds to demand help after a drowning, you should speak to a local attorney. There’s no risk in talking over a drowning accident case in a free, confidential consultation with a skilled California drowning accident lawyer. Maison Law is happy to answer your questions.
In pond drowning cases, you’ll often be seeking support through a wrongful death claim from businesses, corporations, and even government agencies. These entities will have the money to afford a team of lawyers. They’ll be trying to blame your loved one for what happened. They’ll also try to convince your family to agree to accept as little in support as possible.
Your Maison Law attorney is a safeguard against these typical insurance and corporate lawyer tactics. Your lawyer fully investigates your case and makes sure the evidence is in place to hold property owners and companies fully responsible. Our lawyers hold at-fault parties accountable for the emotional and financial harm they’ve caused your family.
Retention Pond Dangers in California
Retention ponds are artificial bodies of water built to collect runoff water, control erosion, and reduce flooding. They are often constructed around construction sites to collect water that might contain pollutants and debris to keep it out of local creeks and rivers.
These ponds don’t usually contain clean water and are often hard to reach, but that doesn’t mean people can’t get curious. They may try to walk the banks of a retention pond or even take a swim. The lure is especially great for unattended children.
They can make their way to the edge of a pond that features these hazards and others:
- Steep banks
- Slippery mud
- Muddy bottoms
- Varying depths
- Fast-moving water at times
- Unsafe culverts and spillways that might trap swimmers
These and other dangers lead to drownings in ponds every year. And when it’s discovered that a property owner or business owner didn’t do everything possible to prevent a tragedy, those parties can be held accountable by families in mourning. A retention pond drowning accident lawyer makes sure at-fault parties can’t escape blame. The lawyer builds a strong case and then demands the most in support possible for the family from the owner’s liability insurance provider.
Liability in Retention Pond Drownings
The owners of property and businesses are required by California law to see to the safety of every visitor to their properties. In some cases, that “duty of care” even extends to trespassers, especially children, who might be tempted to test the waters of a retention pond.
Property owners and operators must post signs warning of swimming dangers around retention ponds. In some cases, they’d need to put up fences to keep children from getting access to those dangerous waters.
Owners may need to post security to keep people out of dangerous ponds. They could need to provide safety equipment in case someone falls in. In some instances, the banks would need to be rebuilt to reduce a dangerous angle to the water.
When these precautions aren’t taken and someone is hurt in a near-drowning or a life is claimed, the property owners and operators can be held legally liable.
These and other parties might have to contribute to the recovery of your family after a devastating loss:
- Property owners
- Homeowners
- Homeowners Association (HOA)
- Business owners
- Landlords
- Property management companies
- Hotel Owners
- Construction firms
- City or County Government Department
A city Department of Building and Safety would be liable if it awarded permission to build an unsafe retention pond. Suing a city agency can have a high degree of difficulty. Government offices usually enjoy protections, such as requiring you to seek permission before you can even file a wrongful death claim.
A lawsuit involving the city or county would also be limited by a much shorter statute of limitations. In most drowning cases, families would have up to two years to file a wrongful death claim. When a claim involves a city department, that deadline can come much sooner. It’s a good idea to have a skilled lawyer handle your case against the county.
Finding Support for Families After a Retention Pond Drowning
The spouse, domestic partner, and children and grandchildren of the victim can file a wrongful death claim after a preventable drowning. They generally file on behalf of the rest of the family. Anyone who can prove they were financially dependent on the victim could ask for support from an at-fault party.
A California wrongful death lawyer can also file this claim on behalf of eligible family members. A Maison Law would strive to handle the frustrating parts of a personal injury claim while allowing the family time to cope with their loss.
These and other factors would determine the size of the wrongful death settlement or judgment:
- Totals on leftover medical bills and ambulance fees.
- Support to pay for a funeral and burial.
- Reimbursement for the wages the victim can no longer contribute to the family in the years to come.
- The emotional hardships a family endures and will continue to endure. Children must receive support for the love and guidance they’ll miss out on in the years ahead.
- Cost of psychological counseling for family members to help them cope with the loss.
- Loss of consortium. (The lost support of a spouse or partner)
Parents who lose small children to drowning would also be allowed to seek support. They’d seek support for the loss of love and companionship a child can no longer provide. The life expectancy of the child would help determine how much in support a family should receive for the years they’ll never get back in the future.
Nothing can bring back a loved one, but these awards serve to earn justice for victims and help families avoid financial hardships in the future.
Schedule a Free Consultation with a California Drowning Accident Lawyer
After a retention pond accident claims the life of a loved one, families must take action to seek justice from a negligent property owner or business owner. It’s a difficult task at such a heartbreaking time, but families should protect themselves from further financial harm and a Maison Law representative can help.
Contact the skilled California Drowning Accident Lawyers at Maison Law, for a free consultation and case evaluation. It’s a no-risk 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.
If you decide we can help you earn the most possible for your family, you won’t need any upfront money to hire us. Maison Law doesn’t get paid unless we win your family’s case. Then our fee comes out of the support you receive from an at-fault party’s insurance provider.
