During the hot summer months, it’s common to see people wading in swimming pools or other aquatic areas to relax or have fun. Swimming should be a leisurely and safe activity as long as the property owner has implemented the appropriate safety measures. Drowning or other water-related accidents should never happen if these accommodations have been put in place.
Unfortunately, drowning or other related injuries are a much bigger problem in the United States than you may think. According to the Center for Disease Control and Prevention (CDC), there was an average of 3,500 unintentional drownings annually in the United States. That averages to around 10 days a day and the majority of these cases involve children under the age of 14. That doesn’t even include the number of fatalities each year related to boating. It was found that 50 percent of victims who survived boat-related injuries required long-term medical care. If you or someone you know was wrongfully injured in a drowning accident, then it’s important you seek an experienced personal injury attorney.
Drowning and Swimming Pool Accidents | Personal Injury Attorney in Cincinnati, OH
An injury stemming from drowning can not only be traumatic, but complex to treat. Often medical professionals aren’t even aware of the full extent of the damage until long after the accident occurs. Victims of drowning have reported developing long-term disabilities as a result including memory problems and learning disabilities.
If you sustained a drowning injury or someone drowned due to another’s negligence, then it’s imperative you seek legal representation. You could be entitled to compensation for your damages that could pay medical bills, handicap accommodations, counseling, living expenses and more. Find out your legal options by getting in contact with the attorneys at Steiden Law Offices. Our personal injury attorneys have practiced personal injury for years and can assess your case to determine if you’re eligible for a monetary award.
Set up your first consultation with Steiden Law Offices by calling . Steiden Law Offices accepts clients throughout the greater Northern Kentucky such as Boone County, Kenton County, Campbell County, Pendleton County, Bracken County, Robertson County, Gallatin County, Grant County, and Mason County.
Steiden Law Offices also represents people throughout the state of Ohio including Clinton County, Montgomery County, Highlands County, Miami County, Shelby County, Champaign County, Clark County, Hamilton County, Butler County, Clermont County, Scioto County, Warren County, Brown County, Adams County, Lawrence County, Greene County, Preble County, and Darke County.
- Statistics for Drowning and Swimming Pool Accidents
- Common Injuries Related to Drowning
- Who is Liable for a Drowning Accident in OH & KY
- Additional Resources
U.S. Statistics for Drowning and Swimming Pool Accidents
Many Americans don’t realize the grave dangers that come along with swimming. Every year thousands of Americans succumb to drowning or suffer from a water-related injury. Many drowning victims are children and if they don’t die from the incident, they suffer lifelong complications as a result. The Center for Disease Control and Prevention (CDC) have collected data for swimming pool and other drowning accidents from 2004-2015.
The following are some statistics recorded by the CDC in relation to drowning accidents.
- It was found that annually 3,536 people die unintentionally from drowning in the U.S. from the years 2005 – 2014
- Averaging those numbers, that mean at least 10 people die a day from drowning
- 332 fatalities each year related to drowning in a boating-related accident
- 1 in 5 people who have died from drowning are under the age of 14
- For every child who dies from drowning, another 5 receive emergency care for nonfatal submersion injuries
- More than 5 percent of drowning victims treated in emergency departments require further care or hospitalization
- It was discovered that males are most at risk for drowning as they are 3.7 times more likely to die than females
- Fatal drowning remains the second-leading cause for unintentional injury-related death for children among the ages of 1-14 years old
- The report discovered that the fatal unintentional drowning rate for African Americans was 1.2 times that of Caucasians
- It was found that the fatal drowning rate of African American children between the ages of 5-14 was 3.1 times that of Caucasian children
Common Drowning and Submersion injuries
When a person retains a drowning or other submersion related injury, they can experience lifelong side effects and medical conditions as a result. The reason for this is because when a person drowns their lungs tend to fill with water and their oxygen supply was cut off. If enough oxygen is deprived from the body, it can create life-altering injuries and lower blood oxygen levels. Listed below are some common injuries associated with drowning.
- Long-term coma;
- Slip and fall injuries near the pool;
- Head injuries due to diving accidents;
- Hypoxia, which is where the blood lowers the levels of oxygen in the blood and cause damage to the brain, heart and other organs;
- Ischemia, which is where the lack of blood flow to the extremities cuts off oxygen and the nutrient supply to the brain, kidneys and other organs;
- Traumatic brain injuries;
- Spinal injuries; and
Who is Liable in a Drowning Accident in OH & KY
The first step to any personal injury case is determining who the liable party is. Often this person is the property owner of the pool or boat where the incident occurred. Both pool and boat owners must follow certain safety measures to avoid potential injury. Failure to implement these accommodations could lead to an injury caused by that negligence and the property owner would then be held liable for any damages.
Pool owners, for instance, must adhere to certain safety laws whether the pool is public or on private property. Under Ohio law, pool owners must have a fence that is at least 4 feet tall and surrounds the pool. Ideally, there should be no gaps in the gate larger than 4 inches. The gate must generally be self-closing, self-latching and must be out of reach of small children.
Both Kentucky and Ohio premise liability laws make it the property owner’s duty to provide a safe environment for visitors. People given an express or implied invitation to the property to use the pool are considered “invitees,” and must be given the greatest amount of owed duties of care. That means the owner of the pool must maintain their pool in a non-negligent manner so they can minimize the risk of a drowning accident. These precautions include but are not limited to mopping up slippery surfaces around the pool, marking the pool’s depth, or putting up appropriate signage such as a “No Diving” sign.
In some cases, the cause of the injury is a product defect rather than the fault of the pool or boat owner. If the pool, aquatic product, or boat was defective in either design or manufacturing and that defect caused significant damages, then you may be able to pursue a product liability case. For example, pools with a poorly designed trim could cause someone to trip into the pool and sustain a serious head injury. You could choose to file a suit against the pool trimming’s manufacturer for defect in manufacturing if you sustained serious injury.
When a swimming pool accident occurs due to a faulty product, the responsible parties could include one or more of the following:
- The wholesaler;
- The assemblers or installers;
- The retail store that sold the pool to the customer; and
- The pool manufacturer
Once you can determine who is liable for the accident, you can file a suit against the negligent party. To do this, you must collect evidence to prove the defendant is the one responsible for your damages. If you successfully prove this to a judge, then you’ll be granted a monetary award. The award will cover all losses related to your injury which can include:
- Pain and suffering;
- Medical bills;
- Hospitalization bills;
- Lost wages;
- Funeral and burial expenses; and
- Loss of consortium
Latest Pool Safety Stats – The United States Consumer Product Safety Commission (CPSC) released data regarding pool safety. The Pool Safety campaign, a national public education campaign run by the U.S. CPSC and provides steps that parents, caregivers, and pool owners should take to ensure that children and adult stay safer in and around pools.
Unintentional Drowning – The Centers for Disease Control and Prevention released a study regarding pool drowning across the United States. See the statistic of swimming pool accidents, and how many people drown in California annually.
Drowning Liability Attorney in Cincinnati Ohio | Also Serving Northern Kentucky
If you or someone you know has been involved in a drowning accident due to someone’s negligence, then it’s time you find legal representation. Property owners who don’t maintain their pool premises or boat owners who don’t carefully drive are putting others at risk. Don’t let dangerous negligence slide and instead get in contact with the experienced attorneys at Steiden Law Offices.
The personal injury attorneys at Steiden Law Offices are sympathetic to our clients who have experienced drowning related injuries or lost a loved one to drowning. We want to ensure that you get the compensation you deserve for all the suffering you’ve underwent since. With decades of experience and long-developed ties to the legal community, the attorneys at Steiden Law Offices could be the right choice for your case.
Call us now at to schedule your first consultation. Steiden Law Offices accepts clients throughout the greater Ohio and Northern Kentucky area including Covington, Fort Mitchell, Villa Hills, Cincinnati, Blue Ash, Erlanger, Edgewood and Elsemere.