Experienced Accidental Drowning Attorneys in White Bear Lake, Minnesota.
Sand Law LLC is here for you in your most desperate time.
Drowning is one of the leading causes of unintended injury deaths in the United States, and can come without warning. Situations that are otherwise secure and safe can turn deadly in an instant, severely injuring or taking the life of one of your family members or loved ones. While the legal ramifications of such a tragedy can seem unimportant or complicated, it is important to understand your rights and options after an accidental drowning so that you can protect your family’s future. Sand Law’s experienced accidental drowning lawyers can help you pursue legal action, when applicable, in cases of a drowning death or serious injury caused by negligence.
Tips of Staying Safe while Swimming in Minnesota
There are many precautions that can be taken to alleviate the risk of a drowning accident, and prevent a tragedy, such as:
- Both children and adults should know how to swim before entering the water, especially larger bodies like lakes or the ocean
- Life jackets are not just for “weak swimmers” – they are essential for younger children
- Stay attentive and supervise carefully – even if it means putting the book or phone you really want to pay attention to otherwise
- Take first aid and drowning CPR courses as a parent – these skills are useful even if you’re simply a bystander to another group that is affected by a drowning
Drowning Accidents and the Law
In 2007, the United States passed the Virginia Graeme Baker Pool and Spa Safety Act, often abbreviated as VGBA. This piece of legislation requires the owners and operators of public pools to maintain basic safety regulations at their facilities in order to protect others.
For example, VGBA requires that drain covers be installed in residential pools. This is to protect children and other swimmers from being caught underwater by the suction created in a drain.
Other types of laws that could affect your claim case include premises liability, where the owner and operator of a facility is responsible for what happens on it, and are responsible to maintain a safe swimming area. Owners operating with blatant disregard for safety requirements can be held accountable for willful misconduct or gross negligence, or negligence per se, the violation of the standard of care determined through municipal regulations.
Who Can Be Held Accountable for a Drowning Death or Injury?
Proving fault is the most difficult part of a drowning case. You need to have strong evidence to present to the court, as well as showing how evidence violates laws, to assert that a certain party is liable for the accident. Both facilities and other parties can be held accountable, including:
- Recreational centers such as municipal swimming pools, or workout centers with aquatic facilities such as a YMCA
- Hotels, from small motels to large resorts
- Neighborhood Associations, for failing to assert appropriate safety measures
- Swim management companies, for not having properly trained staff on hand
- Property owners, for failing to meet safety standards that led to the drowning
- Public or Private Schools, like pool on campus, pools on a field trip, or a pool officially used by the school, like at the YMCA
Proving the fault of these parties can be challenging, especially when the case involves parties protected by the state, government, or other laws. But the main thing to prove is negligence, which can come in many forms, ranging from mechanical issues to human error.
Mechanical or structural issues such as lack of available emergency equipment, defective gates, or poor area designs are some examples. Human errors take the form of lifeguards not paying proper attention, for which both the lifeguard and the premises owner may be held liable.
Experienced Accidental Drowning Attorneys in White Bear Lake, Minnesota
If you believe you have a case to make for negligence claims as the result of a drowning accident, don’t hesitate to contact our experienced lawyers at Sand Law LLC. We can be reached using our online contact form, or by calling 651-571-4125. Sand Law’s experienced personal injury team will help you take your case to court, if necessary, and get you the compensation you deserve.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at Sand Law LLC who have extensive experience practicing and writing about the law in Minnesota. The information in this article comes from this hands-on experience along with extensive research. For information about the author of this page, view our attorneys’ bios.