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Can a Case or Claim Be Pursued Against a School, Day Care Center, or School for a “Near Drowning” Incident?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


During summer months as well as other times of the year, children enrolled in schools, day camps, day care centers and summer camps often visit community pools, water parks, and other swimming areas. Some schools, summer camps, and day care centers even have their own swimming pools. While water, swimming, and aquatic activities can be a great source of fun for children, they can also present significant risk to a child. Of course, the drowning death of a child is a catastrophic and tragic event that certainly warrants at the pursuit of a legal case or claim and involves or should involve significant compensation. As a child injury attorney, I am often asked the following question:

Can a parent pursue a case for an injured child in a “near drowning incident” that takes place while the child is enrolled in a school, summer camp, or day care program?

The answer this question generally is “Yes”. A case or claim can be pursued on behalf of a child who is a victim of a near drowning incident. Some near drowning incidents cause minimal physical injuries while other incidents require extensive medical treatment and prolonged hospitalizations. Furthermore, there are often emotional and mental stresses and problems that result from a near drowning incident. Each case must be evaluated on its own facts and circumstances as to the issues of liability and damages. Because of the complexities of these kind of cases, is advisable to consult with a Child Injury Lawyer for advice, consultation, and legal representation. The book titled <strong>The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Water Park and Swimming Related Injuries, Medical Treatment and Bills, and other topics. You can get this book for free at The ABCs of Child Injury.

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