Drowning Accident Attorney in Fresno, CA
Our Fresno Wrongful Death Lawyer Handles Drowning Accident Claims
At Nunes Law, Inc., our Fresno drowning accident lawyer is a compassionate, experienced, and justice-focused advocate for grieving families. Drowning is a terrible tragedy. Our firm works tirelessly to help grieving families get accountability, financial support, and closure. If your loved one drowned in an accident, we are here as a legal resource. Contact us at our Fresno law office today for a free, no-obligation consultation with a California wrongful death attorney.
The Most Common Reasons Why Drowning Accidents Happen
Unfortunately, drowning accidents remain a serious public health and safety hazard. According to data from the California Water Safety Coalition, approximately 420 people are killed in drowning accidents each year. Notably, for every fatal drowning, there are around three other non-fatal drownings that can leave the victim with serious injuries/impairments. Indeed, there are more than 800 people in California who currently require long-term care because of non-fatal drowning. These accidents can happen in many different ways. Some of the leading causes of drowning include:
- Boating Accidents: Drownings related to boating accidents often occur when people fall overboard or when boats capsize in rough waters. In too many cases, the victims are not wearing life jackets. Boat accidents can happen in many different contexts.
- Lack of Lifeguards: The absence of lifeguards in swimming areas increases drowning risks, as there is no professional supervision to quickly spot swimmers in distress. Without lifeguards, swimmers may overestimate their abilities and underestimate the dangers of water.
- Alcohol Impairment: Alcohol impairs judgment, coordination, and swimming ability. It increases the risk of drowning. Not only are intoxicated people more likely to take risky actions, but the effect of alcohol can also make it difficult for swimmers to assess their fatigue.
- No Barriers Around Pools (Children): The Centers for Disease Control and Prevention (CDC)reports that drowning rates are highest among children under the age of 4. The lack of barriers around pools poses a significant drowning risk for children, who may enter the pool area unsupervised. Without fences or gates, young children can easily access water. All pool owners in California must properly secure their premises.
Who Can Be Held Liable for a Drowning Accident in Fresno?
A drowning accident is a horrific tragedy. Drownings are also largely preventable with the proper safety precautions. The at-fault party may be legally responsible for a drowning accident. Every drowning—whether fatal or non-fatal—requires a thorough investigation to determine exactly what went wrong. A number of different parties may be liable for a drowning accident, including:
- Property Owners: Property owners who have swimming pools, ponds, or other bodies of water on their premises are responsible for ensuring safety measures are in place. California law mandates that residential swimming pool owners secure their premises.
- Pool Owners/Operators: Commercial pool owners are subject to heightened safety standards. Operators of public pools, water parks, and similar facilities must maintain safe environments and follow all local safety regulations.
- Boat Owners/Operators: In cases involving boating accidents leading to drownings, the operator of the boat can be held liable, especially if negligence or impairment is a factor. All boats should be operated safely and equipped with sufficient life jackets.
- Lifeguards and Safety Personnel: In some cases, lifeguards or their employers may bear liability. For example, if lifeguards or other designated safety personnel fail to perform their duties effectively, that could contribute to a drowning accident.
- Manufacturers of Swimming Equipment: If drowning is linked to defective equipment, such as faulty pool gates or malfunctioning life jackets, the manufacturers of these products could be held liable. These are product liability claims.
An Overview of the Wrongful Death Claim Process in California
A non-fatal drowning accident can lead to a personal injury claim against the at-fault parties. The victim has the right to seek compensation for the full value of their damages, including medical bills, lost wages, and pain and suffering. In the tragic event that a drowning leads to a death, the victim’s family has the right to pursue a wrongful death lawsuit. Here are key points that grieving families should know about wrongful death laws in California:
- Certain Family Members are Eligible to Bring Claim: In California, only specific family members, such as the deceased’s spouse, children, or dependents, can file a wrongful death claim following a drowning accident. If none of these relatives exist, the next of kin may file.
- Liability for a Drowning Accident is Based on Negligence: Establishing liability in a drowning wrongful death claim requires proving negligence. For example, a property owner’s failure to secure a pool area may be negligence.
- Wrongful Death Compensation for Economic/Non-Economic Losses: Compensation in wrongful death claims for drowning can cover economic losses, including funeral expenses and lost future earnings, as well as non-economic damages, such as loss of companionship.
- A Two-Year Statute of Limitations: Wrongful death claims for drowning accidents are time-sensitive. In California, there is a two-year statute of limitations to file a wrongful death lawsuit.
Why Trust Our Fresno Wrongful Death Attorney
Dealing with the aftermath of a close loved one’s drowning accident is one of the most challenging things that any person could ever be forced to endure. You and your family do not have to take on the claims process alone. Frank Nunes is a compassionate wrongful death attorney with the experience needed to handle all types of drowning accident cases. When you contact us at our Fresno law office, you will have an opportunity to consult with a California drowning accident attorney who can:
- Hear your story and answer legal questions;
- Explain California’s wrongful death laws;
- Investigate the drowning accident—gathering evidence;
- Handle any settlement negotiations with insurers; and
- Develop a comprehensive strategy to help your family get justice.
Contact Our Fresno Drowning Accident Lawyer Today
At Nunes Law, Inc., our Fresno wrongful death attorney has the skills, knowledge, and experience to take on all types of drowning accident claims. If your family member drowned, we can help. Contact us today for a free, fully confidential initial consultation. From our office in Fresno, we handle drowning accidents and wrongful death claims in Fresno County and throughout Central California.