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Drowning Deaths and Injuries – What Are the Causes? What Are the Legal Rights of Injured Children?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


Children are the unfortunate and tragic victims of drownings in swimming pools, bath tubs, ponds, lakes, rivers, water parks, oceans, and theme parks. Many such drownings are preventable with consistent, timely, and effective adult supervision. Children are at risk for drownings any place where water congregates. A shallow end, bath tub, and other areas are not safer than other locations. Even children who are strong swimmers and older children can drown without proper supervision. It is well known that children (from the young through teenagers) lack good safety judgment and often go near or in body of water without well reasoned thought or safety precautions.

What are the causes of drowning? There may be many causes of the drowning including inability to swim, improper to non-existent adult supervision, exhaustion, other injuries preventing or hindering swimming, other medical complications, lack of fences or poor barriers, suction from drains, and other factors.

What are the legal rights of the injured child and / or family of the injured child? If a drowning resulted from the negligence of a day care center, school, summer camp, hotel, neighbor, relative, family friend, or other person / entity, then a case may be pursued for the damages caused by the drowning incident. Laws vary from State to State and even county to county as to the requirements for pool barriers, life guards, adult supervision, liability – commercial – homeowner’s insurance, and other factors that are considered when evaluating a drowning case. Since a drowning case can involve complex legal and insurance issues, it is often times helpful to retain the services of a Child Injury Lawyer for advice and legal representation.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Swimming Pool and Water Park Injuries, Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Drowning statistics for children in the United States have been on the decline since the 1990s; however, the numbers are still troubling in light of the fact that many such incidents can be avoided with better safety precautions and timely / consistent adult supervision. Over 1000 children die from drownings with additional 5000 children suffering personal injuries from drowning incidents. Pediatricians and Emergency Room physicians report that younger children are at risk in bathtubs with older children being at risk while swimming. A study of such statistics was reported in the February 2012 Issue of Pediatrics. The statistics were gathered through reports and information from approximately 1000 hospitals. See Drowning Statistics on the Decline But Children Still At Risk for Drownings.

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