Swimming Pool Drowning

A swimming pool drowning is a tragedy no family should endure. Sadly, many drowning deaths could be avoided if the proper steps were taken to secure the pool in the first place. Knoxville premises liability lawyer Mark C. Hartsoe understands the gravity of losing someone because another person failed to take the necessary measures to protect your loved one from injury. If your relative drowned in a swimming pool, call us today to discuss how the Hartsoe Law Firm can help you.

Unintentional drowning is the fifth leading cause of unintentional injury death in the United States. According to the Centers for Disease Control, about ten people die every day from unintentional drowning. Children in particular are the most at risk for drowning. One in five drowning deaths occur among children younger than age 14, and those between the ages of one and four are the most at risk for drowning in a swimming pool. It is the second leading cause of death in children in this age group after birth defects. More than half of individuals who survive nearly drowning will require hospitalization or additional medical care.

Certain factors increase the risk of drowning in a swimming pool, such as an inability to swim and lack of barriers, such as fencing around the pool. While a person can take measures to prevent drowning in one’s own swimming pool, others may not take the necessary steps in their own home or property to prevent a drowning death.

If a property owner has a swimming pool on their premises, he or she must take the appropriate safety measures to secure the pool from causing harm to others. A property owner has a duty of care to individuals lawfully on his or her property. A guest, for example, is owed a higher duty of care than a trespasser. A property owner must inspect the pool for any possible dangers. If a guest is injured or drowns in a swimming pool, the property owner may be liable for the person’s injury or death if the property owner could have taken measures to prevent the drowning from happening.

While a property owner owes a lower duty of care to a trespasser, there is an exception for children in Tennessee. A property owner generally owes no duty of care to someone who has no permission to be on the premises in the first place. Under state law, however, if a property owner knows or should know that children are likely to trespass on the property, either because they were lured there or frequently play in the area, then the property owner can be held liable for any injury or death that results from their negligence. A swimming pool is likely to attract children onto a property, and a property owner must take measures to prevent children from accessing the pool.

If your loved one drowned in a swimming pool, Tennessee allows you to recover damages through a wrongful death suit. You can hold the property owner or possessor liable for your relative’s death. You can seek damages to recover for the pain and suffering your loved one endured from the moment of the accident to his or her untimely death, funeral and burial costs, loss of consortium, and other amounts.

Near-drowning can also result in a lifetime of medical care. If you or a loved one nearly drowned in another’s swimming pool, you may seek compensation for your injuries from a careless property owner. There is a time limit on when you can file a claim, so it is important to speak with a personal injury attorney promptly to secure your rights.

Knoxville personal injury attorney Mark C. Hartsoe can help you if you lost a loved one in swimming pool drowning, or were injured in a near-drowning. Mr. Hartsoe has over twenty years of experience representing families and individuals who have lost relatives or who were seriously injured in accidents. He can provide caring, knowledgeable guidance to help you hold the negligent parties accountable for their actions. Call us today at 865-804-1011 or contact us online to see how we can help you.