Maison Law represents drowning accident victims in Santa Barbara. Whether you’re swimming in a pool or the Pacific Ocean, a relaxing day can turn quickly when there’s a drowning. Our team of Santa Barbara personal injury lawyers understand the situation and can help you through it. Contact us today to set up a free, no-obligation consultation to learn more.
Why Would You Need a Lawyer?
Legally speaking, a drowning accident isn’t any different from a car accident or slip and fall. And there’s no legal requirement in California that says you need a lawyer. That said, a drowning accident is different for several reasons, not the least of which involves the serious injuries that often result. Then, there’s the question of liability. All in all, these accidents can get complicated, which means you could use a great deal of help. If you decide to work with us, we’ll:
- Explain the law and your rights
- Give you guidance on the best approach for your specific situation
- Put together a detailed examination of relevant facts and circumstances
- Help you gather key evidence to support your case
- Provide support and guidance at every step of the legal proceedings
- Minimize your stress by handling all the responsibilities of your claim
What Else Should You Do?
A drowning accident isn’t just about your legal options, it’s about what you need to do during and after the accident. Experiencing just a near-drowning incident can be incredibly frightening, leaving you feeling vulnerable and overwhelmed. However, taking certain steps is crucial for building a strong legal claim:
- Call for help – If you’re in immediate danger, call for help. Allow lifeguards or bystanders to jump in and provide assistance.
- Get medical care – If you’re able, call an ambulance or have someone else call one. Ensure you receive medical care from EMTs at the scene and follow up with further treatment at an emergency room or urgent care to take care of any injuries, even those not immediately obvious.
- Report the incident – Simultaneously, tell the people in charge about the drowning accident. Make sure they take appropriate actions to help you, holding them accountable by reporting the incident.
- Document the details – Collect evidence at the scene, including information about your injuries and the sequence of events leading up to the accident. Take note of any pertinent details and gather statements from witnesses.
Remember, these steps are very important to your potential claim, but can be difficult in a drowning or near-drowning situation. Focus on prioritizing your health and safety first, then you can lean on our team for help with the other steps later.
Who’s Responsible For a Drowning Accident?
Another question you probably have after a drowning accident regards responsibility–specifically, who is liable for your damages. A lot of the responsibility depends on where the drowning or near-drowning happened. In Santa Barbara, this can potentially happen at a lot of different places, like:
Generally speaking, property owners or managers are responsible for your safety and others’. If they fail in this duty and a drowning occurs, they’re considered negligent. However, there’s others that could share some of the responsibility, like:
- Government agencies – If it happened in a public area like a river or beach, local government agencies might be responsible for maintaining safety measures.
- Lifeguards or supervisors – If there were supposed to be lifeguards or supervisors present, their negligence could lead to liability.
- Manufacturers – If a defective product like a faulty life jacket contributed to the drowning, the manufacturer or seller could be liable.
- Third parties – If another person’s actions, like reckless behavior or failure to help, led to the drowning, they could be held responsible.
Liability marks the beginning of the claims process, but filing your injury claim is the next crucial step. And the overall purpose of that is to recover damages.
Drowning Accidents and Boating Accidents at Lake Cachuma
What Are Your Damages in a Drowning Accident?
In a drowning accident case, the severity of injuries and other losses significantly influences the claim’s outcome. Both factors are pivotal, but it’s helpful to understand the extent of the potential injuries. Even with a near-drowning, the damage can be extensive. Usually, you’ll be facing injuries like:
- Lung damage – As water fills the lungs during drowning, it can lead to lung damage and inflammation.
- Respiratory issues – Water entering the lungs during drowning can cause respiratory distress and difficulty breathing.
- Delayed drowning – Sometimes, water is inhaled during a drowning incident but doesn’t immediately cause death. Instead, it leads to respiratory distress and can result in delayed drowning.
- Brain damage – Lack of oxygen to the brain during drowning can cause damage to brain cells.
- Hypothermia – Cold water can lower body temperature rapidly, leading to hypothermia.
- Cardiac issues – The stress of struggling to breathe underwater can cause cardiac issues like irregular heartbeats or even heart attacks.
- Psychological damage – The trauma of a drowning incident can result in psychological issues such as anxiety, PTSD, or phobias related to water.
- Fatal injuries – In the worst cases, drowning can lead to fatal injuries if you’re not rescued in time or if there are complications such as head trauma or spinal injuries during the incident.
Legal damages
As an injury victim in Santa Barbara, you’re able to seek financial support for your losses, legally termed “damages.”
The process begins with filing an insurance claim, which may lead to legal proceedings. After navigating the insurance process, you’ll decide whether to proceed with a lawsuit based on the settlement offer.
Regardless of your choice, you may be eligible to recover various damages, including:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death expenses
- Punitive damages for severe negligence
Keep in mind, you must file your claim within two years of the accident to pursue these damages. Missing this deadline forfeits your opportunity to file a claim.
Recognizing Drowning Hazards
Obviously, you want to avoid drowning. That said, it can be difficult. No matter how careful or capable you are around water, these accidents can still happen. What makes it different is when the drowning accident is caused by something that could have–or should have–been avoided. In these situations, it’s helpful to be able to recognize potential hazards like:
- Lack of supervision – Swimming in areas without lifeguards or supervision is risky, especially for inexperienced swimmers or children.
- Lack of barriers – Certain areas without proper barriers or fencing can allow unsupervised access, increasing the risk of drowning, especially for young children.
- Lack of equipment – Not having life-saving gear like life jackets or reaching poles can make rescue efforts difficult during emergencies.
- Rough waters – Water with strong currents or rough conditions pose a higher drowning risk, even for experienced swimmers.
- Overcrowding – Crowded areas increase the chance of accidents, collisions, and make it harder to spot someone in trouble.
- Bad weather – Stormy weather, lightning, or strong winds can create dangerous swimming conditions and increase the risk of drowning.
Even with knowledge and precautions, it’s still possible to find yourself the victim of a drowning. When this happens, worry about your health and safety first, then count on our team for legal guidance and support.
Contact Maison Law After a Santa Barbara Drowning Accident
Santa Barbara’s beautiful weather makes it an ideal place to enjoy the water. Unfortunately, this also means the risk of being in a drowning accident. At Maison Law, we’ll be there to guide you through the legal process after one of these incidents. We’ll make sure you can focus on your physical recovery while holding those responsible accountable. To get started, contact us today for a free consultation.
