Drowning accidents can shatter lives in only a few seconds, leaving families grappling with unimaginable loss. It’s the second leading cause of unintentional deaths among children, yet many families never pursue drowning accident claims due to misinformation. Could this have been prevented? Who is responsible? What comes next?
The aftermath of a drowning incident is not only emotionally overwhelming but also clouded by widespread myths preventing families from seeking the rightful compensation they need to rebuild their lives.
This guide uncovers the myths about drowning accident claims that families need to know because understanding your rights could be the first step towards healing.
1. Only Fatal Drowning Cases Warrant Legal Claims
Many assume that drowning claims only apply to fatal drowning cases, but non-fatal drowning incidents can leave victims with severe, long-lasting injuries. Survivors often experience respiratory impairment, brain damage, or other life-altering conditions that demand long-term medical care. Children face a higher risk of permanent disability, as their small bodies are more vulnerable to submersion injury.
Common complications include:
Acute Respiratory Distress Syndrome (ARDS): Symptoms include difficulty breathing, chest pain, and low oxygen levels, often requiring hospitalization.
Pneumonia: Water aspiration can cause lung infections, leading to fever, coughing, and trouble breathing.
Brain Damage: Lack of oxygen to the brain can cause memory loss, cognitive delays, and motor skill impairments.
Secondary Drowning (also known as delayed drowning): Symptoms may appear hours later, such as persistent coughing, fatigue, and respiratory distress. Though this is a rare condition, it can still lead to respiratory failure if left untreated.
Families must seek medical attention immediately if they notice any of these symptoms, even if the victim was briefly submerged or seemed fine initially. Health professionals can detect hidden damage and prevent life-threatening complications. Medical attention serves as crucial evidence when filing a drowning accident claim, showing the direct link between the drowning incident and resulting injuries. Legal claims can cover the cost of medical care, rehabilitation, and emotional suffering—helping families secure the support they need to rebuild their lives.
2. Drowning Only Happens When There Is No Supervision
Even with adult supervision, drownings can happen quickly and silently. It takes only a few seconds for a child to slip underwater, especially in crowded swimming pools or natural waters. Drowning victims often show little outward struggle, making it difficult to detect the danger.
According to the Centers for Disease Control and Prevention (CDC), drowning is the second leading cause of unintentional injury death among children ages 5 to 14. Many drownings occur with a supervisor present nearby, during unexpected moments like bath time or brief lapses in attention. Infants can drown in just a few minutes, underscoring how swiftly these tragedies unfold. Supervisors may be held accountable if they were distracted, intoxicated, or failed to adhere to the necessary precautions.
3. Drowning Claims Only Apply to Residential Pools
Many believe that drowning claims only apply to residential pools, but drownings can happen in a variety of settings. The location of the incident should never prevent families from seeking justice. Claims can be filed for any drowning or submersion injury where negligence—such as a property owner’s failure to maintain safety measures or provide adequate supervision—played a role.
Common Locations Where Drownings Occur
Swimming Pools: Both residential pools and public pools are frequent sites of drowning incidents.
Natural Waters: Lakes, rivers, and Coast Guard-patrolled beaches pose significant risks.
Bathtubs and Hot Tubs: Small children are especially vulnerable to drowning in hot tubs and bathtubs, often within only a few seconds.
Household Items: Buckets, toilet bowls, and other containers filled with water can present a real danger to small children.
Legal Accountability
Property owners who fail to secure open bodies of water or neglect to install proper safety barriers may be held liable.
Public facilities must maintain proper water safety protocols, including hiring trained lifeguards and installing life vests.
Failing to post warning signs, repair broken gates, or provide adult supervision can result in legal claims.
Proper investigations help determine negligence and hold the responsible parties accountable by providing proof through witness statements, surveillance footage, expert testimonies, and official reports. Families deserve justice, whether the drowning occurred in a large body of water or a household setting. Hiring an experienced drowning accident lawyer ensures that families can access the compensation they need for medical care, emotional suffering, and future rehabilitation.
4. Drowning Incidents Are Always Purely Accidental
A common myth surrounding drowning incidents is that they are always purely accidental—an unfortunate tragedy with no one to blame. However, this belief can obscure the reality that many drownings result from preventable mistakes and negligence. While drownings can happen suddenly, unsafe practices and lack of proper precautions often play a hidden role.
Why This Myth Persists
Drowning is often portrayed as an unavoidable accident because it happens quickly and silently. This misconception can lead families to accept the tragedy without questioning the circumstances.
How Negligence Contributes to Drowning Incidents
Negligence can manifest in various ways, including:
Failure to install proper barriers around pools.
Leaving gates unlocked or pool alarms disabled.
Lack of trained lifeguards at public swimming areas.
Absence of posted warning signs in high-risk areas.
Inadequate adult supervision or distracted supervisors.
Holding Negligent Parties Accountable
Drowning accident claims are not about blaming families or accidental missteps—they are about uncovering preventable hazards that put lives at risk. Legal action can expose safety violations and push property owners, businesses, and public facilities to implement better safety protocols, ultimately preventing future tragedies.
5. Filing a Claim Will Be Too Complicated or Expensive
Many families hesitate to file claims due to fear of legal fees or a long, drawn-out process. However, most personal injury lawyers work on a contingency fee basis—meaning families only pay if they win the case.
Legal teams can help gather evidence, consult health professionals, and negotiate with insurance companies to ensure families receive the compensation they deserve. Seeking legal advice from a drowning accident attorney as soon as possible is essential to protect your rights and secure justice.
Prevention Tips to Reduce Drowning Risks
Enroll in Swim Lessons: Teaching children how to swim can drastically reduce the risk of drowning.
Install Barriers Around Pools: Fencing around residential pools can prevent small children from gaining unsupervised access.
Learn Cardiopulmonary Resuscitation (CPR): Knowing how to perform cardiopulmonary resuscitation can save lives while waiting for emergency responders.
Avoid Distractions: Supervisors must always give their full attention to children near water.
Provide Touch Supervision for Young Children: Always stay within arm’s reach of infants and toddlers when they are near water to prevent drowning incidents.
Assign Designated Water Watchers: Adults should take turns watching children without distractions like phones, books, or games to reduce the risk of drowning deaths.
Use Life Jackets and Safety Equipment: The Coast Guard recommends life jackets for children and weak swimmers in natural waters.
Use Door Alarms and Pool Alarms to detect unauthorized access.
Keep Throwing Aids easily accessible.
Breaking Myths and Pursuing Justice
Drowning incidents are devastating, but families of drowning victims deserve unwavering support and justice. Dispelling these common myths can empower victims to pursue legal action and hold negligent parties accountable. Whether dealing with fatal drowning, secondary drowning, or submersion injury, the Bourassa Law Group remains committed to guiding families through every step of the legal process.
If your loved one has been affected by a drowning incident, don’t let misinformation prevent you from seeking justice. You don’t have to go through this alone, Bourassa Law Group is here to help.
Contact us today for a free consultation and let us help you secure the compensation and closure your family needs to move forward.
1-800-870-8910