Drowning Injuries & Related Legal Claims

Drowning is a critical event that occurs when the nose and mouth are submerged in water or another fluid, preventing normal breathing and depriving the body of oxygen. This can happen unexpectedly and may cause few external signs of distress. Once a person inhales water, coughing may occur, and breathing can be disrupted. Continued submersion can cause oxygen deprivation, which can quickly lead to serious injuries or death.

People who survive near-drowning incidents may experience permanent brain damage, often resulting from the brain’s extreme sensitivity to an oxygen-deprived state. Damage to the lungs is also common, increasing the risk of respiratory complications, including pneumonia. Injuries to the spine or nerves can arise if the drowning event involves a dive into shallow water or an impact against the pool’s bottom or walls. These injuries often require extensive treatment and rehabilitation, potentially leaving survivors with long-term disabilities that affect their ability to work and their overall quality of life.

Liability for Drowning Injuries

When a drowning or near-drowning incident is caused by another party’s carelessness or wrongful acts, legal liability may arise. Many drowning claims rest on the concept of negligence, which requires proof of four elements: the defendant owed a duty of care to the injured person, the defendant breached that duty, the breach caused the harm, and the injured person suffered damages. Property owners usually owe a duty of care to individuals lawfully on their premises. Breaching this duty might involve failing to provide safety features around a pool or not addressing hazardous conditions that a prudent person would have remedied.

Premises Liability and Water Hazards

The doctrine of premises liability often applies to drowning incidents on another person’s property. Owners or occupiers of land have a responsibility to keep their premises safe. This responsibility is heightened when water features, such as swimming pools or hot tubs, pose an obvious risk. Failing to install proper fencing, neglecting to latch gates, or leaving the pool area in a hazardous condition can be grounds for a premises liability claim. Owners must also address dangers related to the pool’s design and maintenance, such as faulty drains, inadequate depth markers, or overly slippery surfaces.

The Attractive Nuisance Doctrine

Children are naturally drawn to water, and many jurisdictions recognize the attractive nuisance doctrine. This legal principle requires property owners to take extra precautions to secure potentially dangerous conditions like swimming pools if it is foreseeable that children might trespass onto the property. Owners may face liability if they fail to install and maintain adequate barriers, neglect to repair broken gates that provide access to the pool, or do not address other hazards that could entice children onto the premises.

The Role of Safety Regulations

Federal, state, and local laws often impose specific rules for aquatic facilities and private pools. Regulations frequently address fencing, gate design, warning signs, and proper drainage and filtration systems. A property owner who violates these rules and causes or contributes to a drowning incident may be found negligent because of that violation. In many jurisdictions, such breaches of safety laws can constitute negligence per se, which can simplify the injured person’s task of proving that the property owner failed to act with reasonable care.

Defective Products

Some drowning incidents involve defective equipment, such as malfunctioning drain covers or faulty flotation devices. In these cases, a product liability claim may arise against the manufacturer, distributor, or seller. Liability usually depends on whether the product had a design defect, a manufacturing defect, or inadequate warnings that contributed to the injury. Manufacturers and sellers of pool products have a duty to ensure that their items are safe when used as intended. Strict liability often applies in these cases, which means that the injured person doesn’t need to prove negligence.

Potential Damages

Individuals who survive drowning events may recover damages for past and future medical expenses, including emergency care, hospitalization, surgeries, rehabilitation, medication, and long-term treatment. Compensation for lost wages and reduced earning capacity may be available when the injured person cannot return to their job or must shift to a lower-paying role. Non-economic damages may also be awarded, covering physical pain, emotional distress, and mental anguish. In fatal drowning cases, eligible family members may pursue wrongful death damages for financial losses, such as the deceased’s lost future earnings and funeral costs, as well as the intangible loss of companionship, comfort, and support.

Last reviewed May 2025