NY Swimming Pool Accident Lawyers – Liability for Drowning (2024)

FAQs

Are lifeguards liable if someone drowns? ›

Keep in mind that if the lifeguard that failed to save your loved one's life was off-duty at the time, they are protected under California's' Good Samaritan Law. However, if the lifeguard was on the clock and did not do their job properly, you have a case for compensation.

Personal Liability Coverage: This protects you if someone gets injured while using your pool and sues you. Medical Payments Coverage: This helps cover medical expenses if someone is accidentally injured in your pool, regardless of fault.

Accidental drownings are a significant public health concern and are the second leading cause of unintentional injury-related deaths for children aged 1-14, according to the Centers for Disease Control and Prevention (CDC).

Lifeguards may seem like towering figures with their tall posts and zinced noses, but they can be liable for swimming injuries and deaths when they make mistakes. For this reason, lifeguards are required to be certified and trained to deal with common emergencies that occur in and around pools.

A lifeguard may be ‌negligent if they fail to supervise swimmers properly, do not maintain a safe pool area, or lack the proper equipment in an emergency (such as flotation devices, first aid kits, or defibrillators).

High-risk pool plans offer health insurance coverage that is subsidized by a state government. Typically, your premium is up to twice as much as you would pay for individual coverage if you were healthy.

Risk pools can provide less expensive coverage, but they have their drawbacks. For example, many risk pools serve members within a limited geographic area, and when a catastrophic event hits that area, risk pool funds may be inadequate to cover all claims.

This refers to liability insurance for someone's injuries or death in an accident, not property damage to the swimming pool in a covered event such as a storm. Experts recommend that homeowners purchase at least $500,000 as the bare minimum for liability insurance.

Worldwide, drowning is the third-leading cause of death due to unintentional injury; an estimated 236,000 people die by drowning each year, accounting for about 7 percent of all injury-related deaths.

Is drowning considered accidental death? ›

Insurance companies define accidental death as an event that strictly occurs as a result of an accident. Deaths from car crashes, slips, choking, drowning, machinery, and any other situations that can't be controlled are deemed accidental.

Drowning results in hypoxia, which can damage multiple organs, particularly the brain.

Globally, the highest drowning rates are among children 1–4 years, followed by children 5–9 years. Males are especially at risk of drowning, with twice the overall mortality rate of females. In the US, an average of 3,500 to 4,000 people drown per year. That is an average of 10 fatal drownings per day.

Lack of swimming ability: People who cannot swim are at a higher risk of drowning in a pool. Children and adults who are not confident in the water should be supervised and taught how to swim. Lack of supervision: Children should never be left unattended in or near a swimming pool, even for a few seconds.

For the most part, American law does not impose a duty on the average bystander to aid or rescue another person in distress. However, to encourage a person to help someone in need, most states have enacted laws to protect Good Samaritans should they assist another.

If the mother sues the restaurant for her own mental anguish, what is the likelihood of her success? Will a hotel be liable every time someone drowns in its pool? * Yes, a hotel is strictly liable for all injuries occurring in and around the pool.

The primary responsibility as a lifeguard is to prevent drowning and other injuries from occurring. Candidates must be able to ensure the safety of patrons by minimizing or eliminating hazardous situations or behaviors.