Families who have lost a loved one to a tragic drowning can seek support from those found at fault. Those left behind would be justified in seeking money to pay funeral costs. They should also get help in replacing the income that the deceased may have supported the family with.
Maison Law stands beside Porterville families and helps them hold business owners and operators responsible when victims are allowed access to unsafe pools, lakes, and rivers. Contact Maison Law and schedule a free consultation. It’s a no-risk way to determine how you and your family can hold those at fault for a tragedy completely liable.
Should My Family Contact a Lawyer After a Tragic 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 Porterville Wrongful Death Lawyer about your options.
Families are eligible to receive substantial support after such a drowning tragedy is allowed to occur. But the potential of having to write a large settlement check often triggers insurance companies for those at fault to fight harder against accepting blame. 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 a drowning and those to blame. The evidence collected is used to shut down any false claims an insurer wants to use to deny the family support. Then, an experienced attorney is often able to secure much more for a grieving family than they could secure themselves.
Who Is Responsible for a Drowning in Tulare County?
In California, businesses and property owners are always liable for the customers and guests they invite in. They must be concerned with every visitor’s safety under premises liability laws. That applies to the owners and operators of pools and businesses that provide access to pools.
This “duty of care” is also enforced against government entities that may be responsible for the management of public pools and natural bodies of water at parks. The City of Porterville is responsible for providing enough lifeguards to keep swimmers safe at Porterville City Pool. It can apply to Federal departments like the U.S. Army Corps of Engineers operating Lake Success.
When these and other entities are negligent in their responsibility to keep people safe, and someone drowns, the families of the victims can seek support.
These are just a few of the potential responsible parties that Maison Law can help you file a wrongful death claim against:
- Property and Business Owners allowing access to a pool
- Hotel Owners overseeing pools
- Waterpark Owners
- Homeowners with pools
- Homeowners Association (HOA) operating a community pool
- Hotel Owners maintaining pools for guests
- Landlords and property management companies providing pools for tenants
- Farm and Orchard Owners responsible for ponds and irrigation canals
- City or County Government Department
- State or Federal Agency
How Can I Prove a Pool Owner Is Responsible for a Drowning?
Any pool or body of water brings with it a lot of responsibility. Owners and operators must provide the right safety precautions to keep swimmers safe. They must also provide supervision to spot swimmers in trouble and have resources to rescue them and get them medical care as quickly as possible.
These safety precautions are often needed for children. Young swimmers can get into trouble more easily in a pool. They may also enter a body of water that’s unsafe for swimming, such as an irrigation pond or a river. Property owners and government agencies are liable for restricting access to places like this.
Families may need to demonstrate a failure to provide these safeguards and others to hold those at fault liable. A lawyer can help conduct an investigation to gather evidence of failures that led to a tragedy.
A skilled Porterville premises liability lawyer would be looking for evidence of these examples of negligence:
- Failing to provide an adequate number of properly trained lifeguards.
- A lack of proper onsite safety devices.
- A lack of maintenance for pools to prevent hazards with drains and pumps.
- The failure to remove slip-and-fall hazards on marina docks and around pools that might send someone into the water while unconscious.
- Failure to prevent overcrowding.
- Failure to erect fencing and install security measures to prevent unattended people from entering unsafe bodies of water, such as at lakes and rivers, and reservoirs found on farms.
- The absence of warning signs about hazards in natural bodies of water.
- Negligence in keeping swimmers out of the path of careless boaters.
- Evidence of a lack of supervision to keep children safe and out of dangerous situations.
These and any other negligence on the part of an owner or an agency would be strong evidence in a wrongful death case. It’s this evidence that can put a stop to endless insurance tactics meant to rob families of the support they’ll need to avoid financial issues in the future.
Frequently Asked Questions
Who can file a wrongful death claim after a drowning in California?
California law enables a spouse or domestic partner, children of the victim, or the grandchildren of the victim to file a wrongful death claim on behalf of the rest of the family. In some cases, the parents and siblings of the deceased may also be allowed to file. A skilled wrongful death lawyer can also represent the entire family and see that those at fault are held accountable.
How long does my family have to file a wrongful death claim after a drowning?
Families would usually have two years to file a wrongful death claim in California. That’s for a case involving a negligent business or property owner. As mentioned below, the statute of limitations is much shorter when you must sue a government agency.
What if I have to file a claim against a city, county, or state parks and recreation department?
These cases can be complex, and it’s a good idea to have a legal expert on your side. Government agencies are protected by strict laws when it comes to filing wrongful death lawsuits. You may have to seek permission to file a lawsuit against a government department. There’s also a shorter statute of limitations when filing a claim against the government. A lawyer can help you meet deadlines when filing a lawsuit.
What can my family expect support for after a tragic drowning?
Families should demand justice and financial support for their hardships. Nothing can replace a loved one’s life, but families should never have to cope with financial problems at such a difficult time. They should receive help in paying for a burial. They must receive assistance paying off any emergency response fees and medical bills leftover from the drowning. Close relatives should get help in supporting themselves if a loved one had contributed a weekly paycheck to provide for the family. Families must also get support for the loss of care and guidance that a loved one can no longer provide.
Can parents seek compensation after the loss of a child to drowning?
Yes. Parents should receive assistance to pay for the funeral and burial costs. They must also receive support for the companionship they’ve lost over a lifetime. This should consider the loss of a lifetime of cherished moments, such as graduations, wedding days, and the birth of grandchildren.
Schedule a Free Consultation with a Tulare County Drowning Accident Lawyer
After a careless drowning accident claims the life of a loved one, take action to seek justice from a negligent property owner or business owner. Contact the skilled Porterville 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 an at-fault party from avoiding blame and how to secure every benefit possible for your family after a tragedy.
And don’t worry about having the money to hire an attorney. 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.
