Drowning is the leading cause of death for children under the age of 5 in the United States. Studies have shown that children exposed to water can develop permanent brain damage or even die from drowning.
However, a wrongful death by drowning claim is only pressed if certain elements or factors are met. In this article, we take a look at some of the elements of a wrongful death by drowning claim. We also look at safety tips to follow inside a swimming pool so that people are aware of the repercussions and prioritize their safety.
Elements of a Wrongful Death by Drowning Claim
When a person drowns, it can be hard to know what to do about it. It’s important to understand the elements leading to wrongful death by drowning and how they can affect your case.
A wrongful death claim involving drowning typically includes the following elements:
- Duty of care: The defendant (e.g. a property owner, lifeguard, etc.) had a duty to take reasonable steps to prevent the drowning.
- Breach of duty: The defendant failed to fulfill their duty of care, resulting in death.
- Causation: The defendant’s breach of duty directly caused the victim’s death by drowning.
- Damages: The victim’s family has suffered financial and emotional losses as a result of the death.
Additionally, in some jurisdictions, the burden of proof would be on the Plaintiff to prove that the death was wrongful as a result of the Defendant’s negligence and not due to any other cause.
Filing a Wrongful Death by Drowning Case
A wrongful death by drowning claim is made when a person dies as a result of the negligence of another party. In this case, the deceased’s family members can file a lawsuit against the party responsible for their loved one’s death.
A wrongful death by drowning claim may be filed in two different ways: first-party and third-party. First-party claims are filed by someone who was directly involved in the incident that led to the drowning; third-party claims are filed by someone who was not involved in any way with the incident but is still seeking compensation because they lost a loved one due to someone else’s negligence.
If you have lost someone due to wrongful death by drowning, you may be eligible for compensation from any number of parties involved in your loved one’s death. The following elements must be present before you can file a successful claim:
- You must prove that there was negligence on behalf of another party;
- You must prove that your loved one died as a result of this negligence;
- You must prove how much money it will take for you and your family members to recover from this loss
You should contact the knowledgeable accident lawyers at the Bourassa Law Group as soon as possible after a Nevada swimming pool accident. They can help you establish responsibility for the damages. Call us at (800)870-8910 for a free consultation!
1-800-870-8910