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Tim Misny

Drowning Accidents

PROUDLY REPRESENTING VICTIMS OF BIRTH INJURY, MEDICAL MISTAKES, AND CATASTROPHIC ACCIDENTS IN COLUMBUS AND THROUGHOUT THE UNITED STATES FOR 38 YEARS

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Drowning accidents can be devastating, and they are often fatal. These incidents can occur in many different places, and they can happen at any time of the year. While many drowning accidents do occur in swimming pools and lakes, parents and caregivers need to remember that drownings can also occur in bathtubs, sinks, and almost any amount of shallow water.

If your child recently suffered serious harm in a drowning, or if you lost someone you love in an unintentional drowning accident, you should seek advice from an Ohio accident lawyer who can help. As an experienced accident attorney, I can speak with you today about your options for seeking compensation. 

What is a Drowning Accident?

What is a drowning accident, and how often do they happen? A drowning refers to a situation in which a person’s body is cut off from oxygen as a result of submersion in a liquid, typically water.

According to the U.S. Centers for Disease Control and Prevention (CDC), an average of more than 3,500 fatal unintentional drowning accidents occur every year in the United States, and that number does not even include drownings linked to boating accidents. Drowning is among the leading causes of death for people in all age groups, and about 20% of drowning victims are under the age of 14. 

Liability for a Drowning Accident

Who is liable in a drowning accident? Liability can be difficult to determine without having a lawyer assess your case, but I can tell you that some parties who may be liable in a drowning accident include but are not limited to:

  • Hotel or motel owner;
  • Municipality where a swimming pool is located;
  • Daycare provider;
  • Babysitter; or
  • Property owner who failed to adequately block off entrance to a pool. 

Timeline for Filing a Drowning Accident Claim

If you need to file a drowning accident claim, the statute of limitations in a nonfatal drowning incident is two years from the date of the accident. Under Ohio law, if the injury victim does not file a drowning accident lawsuit within that two-year window, the claim will become time-barred by Ohio law.

In situations where a drowning was fatal, the family members of the deceased should know that the timeline is still two years. However, the time window does not open until the date of the death. As such, a wrongful death claim after an unintentional drowning must be filed within two years from the date of the person’s death, regardless of when the drowning incident occurred.

Contact a Drowning Accident Lawyer

Drowning accidents are avoidable, and they happen when someone has been negligent. Whether your child suffered injuries in a drowning at a hotel, summer camp, daycare, or in the care of a friend or family member, it may be possible to file a claim. Depending upon the circumstances of the drowning, you may be able to file a lawsuit against more than one defendant.

Drowning accidents can be particularly devastating because they often result in life-threatening and fatal child injuries. Your child did not deserve to suffer irreparable harm in a drowning. When it comes to holding the responsible party or parties accountable, I’ll Make Them Pay!®  Give me a call today at 877.944.4373 to learn more about your options.

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