Swimming is a popular summer activity for kids in Massachusetts and New Hampshire. But be aware: the risk of drowning exists whether you’re on a beach or at a public swimming pool. While many people attempt to chalk up drowning as a tragic accident, there are many cases in which someone else’s negligence, carelessness, and failure to take action directly caused or contributed to a child’s drowning. Here’s what you should know if your child was harmed in the water.
Who Was in Charge When Your Child Drowned?
The first factor to consider in any drowning case is who was in charge – or should have been in charge – when your child drowned. It is a common misconception that there is no one responsible for drowning or near-drowning accidents at lakes and beaches. In fact, many beaches have patrols or lifeguards who may be held liable if a child drowns on their watch. It’s critical to evaluate who was or should have been monitoring children in the water if your child drowned or almost drowned at a:
- Pool
- Lake
- Beach
- Amusement park
- Hotel
- Cruise ship
- Private residence
If it can be proven that someone who was or should have been in charge was negligent and their actions or failure to take action harmed your child, you may be able to bring a lawsuit against them or the facility they’re employed by for damages.
What If No One Was in Charge?
Sometimes, swimming is truly “at your own risk,” especially at public beaches or lakes where no assigned lifeguard is present. However, does this mean that you have no legal recourse if your child died or was injured in a body of water? Not necessarily. The circumstances surrounding your child’s drowning need to be carefully evaluated. Drownings may also be caused by:
- Malfunctioning watercraft
- Negligent swimmers who are not paying attention to others in the water
- Failure to provide warning signs to indicate rough waters or dangerous swimming areas
Reach Out to an Attorney Today
Many people whose children were harmed in the water are surprised to realize that another person or entity’s carelessness caused or contributed to the drowning accident. However, it is impossible to know for certain whether or not someone can be held legally liable for the damages your family has suffered without first contacting an experienced attorney.
At Mazow | McCullough, PC, we have significant experience working with child injury and understand the emotional turmoil you and your loved ones are going through. Whether your child was the victim of a drowning or near-drowning, it’s something that is both devastating and life-altering.
We can help evaluate the evidence in your case and determine who may be responsible for the accident that harmed your child. Contact the Law Offices of Mazow | McCullough, PC today for more information by calling 855-693-9084.
