A day of swimming is usually a chance to get some exercise and relax a little bit. When a day of fun turns tragic because of a drowning, there is often a need for those left behind to take some sort of action. There are some instances in which the family members of a drowning incident can seek compensation; however, the incident must meet some requirements.
One of the requirements that must be met if you plan to seek compensation for a drowning death is that there must have been some negligent or carelessly reckless action that led to the death. The negligent or recklessly careless action mustn’t have been taken by the person who drowned. It must be someone else, such as the pool owner or the person responsible for the watering hole, who was negligent or recklessly careless.
Some examples of behavior that might lead to a wrongful death lawsuit based on a drowning would be if a lifeguard didn’t take action to help the victim or if the area wasn’t properly maintained in a way that contributed to the death. In the case of a drowning wrongful death lawsuit, lack of action can be just as bad as negligent or carelessly reckless action. The example of a lifeguard not trying to save a person is an example of lack of action.
When you lose a loved one in a drowning accident, you should look into the root cause of the accident. From there, you can decide if you are going to seek compensation through a Los Angeles wrongful death lawsuit for your loved one’s death.
Source: FindLaw, “Drowning,” accessed Feb. 24, 2016