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What if a Child Drowns or Nearly Drowns While in a Field Trip with a Day Care Center or Summer Camp at a Swimming Pool, Aquatic Park, Theme Park, or Amusement Park?

By David A. Wolf, Attorney

Child Injury Lawyer Blog
Legal Rights - Drowning Case.001Summer time is filled with lots of fun and activities including visits to swimming pools and field trips.  During the summer, there is nothing more fun for children at times than splashing around and swimming with friends. However, it should always be kept top of mind for day care center providers, child care providers, summer camp counselors, water safety personnel, and lifeguards that swimming pools and aquatic areas can be extremely dangerous for children.  Whenever there is a field trip by a summer camp or day care center to a water park, aquatic area, swimming pool, theme park, or amusement park, it is vital that supervision be in place at ALL TIMES.  That statement should be repeated and emphasized – SUPERVISION SHOULD BE IN PLACE AT ALL TIMES.  It should also be noted that supervision is not the mere presence of a counselor, teacher, or care provider.  It also means being attentive to the location, whereabout, needs, abilities, risks, and dangers of each child.   Mobile phones are great devices; however, they also can be toys that lead to serious personal injuries and drowning incidents for children.  Just one text me, e-mail, or so called funny video can some times spell the difference between life and death for a child who ends up drowning at a swimming or aquatic area while on a visit or a field trip.
There are four essential elements involved with a drowning or near drowning incident as follows:
  1. Duty;
  2. Breach of Duty;
  3. Causation; and
  4. Damages
It should be kept in mind that all four elements need to be established to pursue a case or claim on behalf of an injured child or on behalf of the parents if a child dies as a result of a drowning incident.  The element of damages refers to the injuries sustained by the child.  As such if a child is injured as a result of a near drowning incident and requires a hospitalization and medical care, this would be considered the damages.  However, it must be established that there was a duty to supervise and that the supervision in place was careless or negligent.  In analyzing a child injury case, a Child Injury Lawyer will evaluate the particular facts and circumstances to determine if there was some kind of negligence or fault that was the proximate cause of the personal injuries.
When a child suffers injuries as a result of a drowning or near drowning incident, there are many challenges and stresses placed on the family.  During these trying times, it is important for the family to be supported by extended family members, neighbors, the community, medical professional, and, yes, legal representation.   There are just too many twists and turns to a personal injury case especially one involving a drowning or near drowning incident.  There could be more than one Defendant, more than one insurance company, and other entities to deal with.   As such, it makes sense to hire a Child Injury Lawyer to handle these issues.
David Wolf is a personal injury attorney and child safety advocate. He is the author of 7 books that focus on personal injury and child injury issues including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know which has chapters on Swimming and Water Park Injuries, Playground Injuries, Day Care Center Injuries, and other topics.  You can get this book for free at The ABCs of Child Injury. 
David Wolf understands the importance of family, faith, and freedom to parents dealing with the aftermath of a serious child injury.   David Wolf firmly believes in Giving a Voice to Injured Children and Their Families.  Contact David Wolf right now or at any time if you would like to discuss a child injury or child safety issue.  He is available days, nights, and weekends to his clients, prospective clients, and all other persons seeking some help, information, and guidance on a child injury or child safety issue.