The term “drowning” is closely associated with death, but most drownings are not fatal.
In medicine and law, the definition of drowning is nuanced: it is not an outcome, but a process defined by “respiratory impairment from submersion [or] immersion” in water or another liquid.
Drowning, under this definition, is a leading cause of both injury and death—not only in the United States but worldwide.
5 Common-Sense Tips to Prevent Accidental Drowning
- Supervision
Anyone can drown, but certain groups of people face much higher risk than others. These include:
- Children between the ages of 1 and 4; and
- Older adults over the age of 65.
If and when a privately owned swimming pool, pond, or beachfront is open to the public, parents should be able to expect that lifeguards and other personnel will do their due diligence in monitoring swimmers. Inattention may not always constitute a crime, but it could serve as evidence of liability for a drowning-related injury or death.
- Safety Features
Drowning can occur in just seconds and only mere inches of water.
If you’re visiting a pool or any other venue with prominent water features, keep an eye out for prominent safety features. For example:
- Public swimming pools must be surrounded by fencing or other barriers, and should typically provide access to a buoy, lifesaver, or other critical safety device; and
- Residential and other private pools must incorporate barriers to prevent children and other vulnerable persons from inadvertently falling into the pool.
Different safety expectations apply in different places. If a local business provides swimming classes to children, then that business must typically anticipate and address child-specific risks.
- Routine Maintenance
Any property or structure that provides convenient, direct, and intentional access to water needs to be maintained. This includes, but is not limited to:
- Swimming pools;
- Hot tubs; and
- Private docks, wharfs, or piers.
Maintenance can take many forms, with private homeowners and commercial landlords held to different standards.
- Serving Alcohol in Moderation
Boat parties and fishing expeditions often involve wine coolers and cases of beer.
But alcohol consumption is—for fairly obvious reasons—a significant risk factor for drowning, especially drownings that involve healthy and young adults.
- Keeping a Close Eye on Changing Conditions
Inclement and unusual weather conditions can increase the risk of drowning, even on clear and sunny days.
Hazards, of course, vary with the size and location of a body of water.
If you’re visiting New York City and decide to take a quick trip to Long Island, certain beaches may be susceptible to rip tides and undertows. And, closer to the Buffalo region, the Great Lakes sometimes experience strong “standing” waves called seiches, which can knock people off their feet and into the water.
What To Do When Caution Was Never An Option
Almost everyone thinks about safety when they’re in the water—especially if they’re with their children, or trying a new watersport for the very first time. But when we visit somebody else’s home, take a trip to a public pool, or pay a business good money for the use of amenities, we have a reason and a right to expect a certain standard of safety.
If you’ve been injured or lost a loved one to, a drowning accident that was not your fault, you could be entitled to significant compensation. Please send the Dietrich Law Firm P.C. a message online or call us at 1-866-529-5334 to speak to a premises liability lawyer near you and schedule your free consultation.