Drowning Accident Lawyer in NYC
The United States averages approximately 3,500-4,000 fatal drownings a year, according to the Center for Disease Control and Prevention (CDC) and StopDrowningNow.org. This averages out to about ten deaths by drowning a day. Drowning is a serious concern for both adults and children, but is the leading cause of unintentional death of children between the ages of one and four. In New York alone, drowning is the second leading cause of death for all children ages one and fourteen, and sixth leading cause of unintentional injury death for all ages according to the New York Department State of Health (NYSDOH).
The Center for Disease and Control reports the majority of fatal drownings are related to boating accidents. Injuries to drowning victims are not always fatal, but cause serious injuries that may require hospitalization. Some non-fatal drowning victims sustain long term disabilities due to severe brain damage that causes memory problems and permanent loss of brain functioning.
New York Drowning Accident Lawyers
Many drownings in New York are the result of accidents. Unfortunately, a drowning may be a result of negligence or code violation by a pool owner or operator, either by private owners or by the State of New York, or even the City of New York itself. When a drowning is caused by the negligence of another, it is possible for the victim’s families to pursue litigation seeking damages for a death or injury sustained while drowning.
New York Swimming Pool Law
- Swimming pools, hot tubs, and spas must be surrounded by a barrier at least 48 inches in height;
- Gates must be self-closing, self-latching and securely locked;
- Ladders or steps that lead to a pool which is above ground must be capable of being locked, secured, or detached to prevent access
- Swimming pools or spas installed, constructed, or substantially modified after December 14, 2006 must be equipped with an approved pool alarm.
Possible Drowning Accidents in New York
Pool Accidents & Drownings — These types of drownings can occur at private pools, municipal pools, homeowner association pools, and apartment pools. They may occur at a private home, an apartment, a neighborhood association pool, or at a town or city pool. Drownings that lead to injuries or fatalities may be caused by a defective pool drain, negligent supervision, or a defective pool gate.
Beach Drownings— Beach drownings can be caused by those around the swimmer who either act negligently or who fail to act in a reasonably safe manner. Boaters, jet-skiers, other swimmers and beach goers may all act negligently causing a fatal or near fatal drowning resulting in serious injuries.
Boating Accidents— A boat operator’s carelessness and disregard for the safety of others, including drinking alcohol while boating or boating under the influence of drugs or alcohol, may lead to significant injury and death.
Spa/Hot Tub Drownings – Faulty equipment and improper supervision, along with slips and falls may all be causes of common hot tub injuries and drownings. Numerous injuries and fatalities occur every year linked to spas and hot tubs. Children are also victims of this type of drowning in the unfortunate event that they become trapped by the suction from spa drains.
Lifeguards must be certified and comply with all safety regulations within their job description. They have a legal duty to protect the lives of swimmers. Their failure to stop children from running, or simply looking away to speak with someone can lead to serious injury and death. A lifeguard’s negligence can lead to damages being paid to a drowning victim, or to the drowning victim’s family. The lifeguard company, the lifeguard, and property owner may be liable for a lifeguard’s negligence.
Experienced New York City Drowning Attorneys Fight for Your Rights
If you or a loved one has suffered serious injuries or a death by drowning due to the negligence of another, you may be entitled to compensation. If the drowning was caused from a boating accident or at a town or city pool, lake, at a beach, hotel, waterpark, a private residence, or other location, our lawyers are here to help. Please contact the New York Drowning Attorneys at Pazer, Epstein, Jaffe & Fein, P.C for a free consultation. We are here to protect your rights and fight for the compensation you need and deserve. Remember that time is limited to file a claim, so do not wait to call. We serve those injured or impacted by drowning incidents throughout New York City and Long Island. We can be reached at (212) 847-5007 (New York) or (718) 954-9986 (Long Island).