According to the Centers for Disease Control and Prevention (CDC), ten people are killed in drowning accidents everyday. Sadly, about one-fifth of these fatalities are children under the age of 14. A child can drown in less than two inches of water, which means these accidents can happen virtually anywhere there is water. But, most drowning accidents occur in pools. Who is held liable for drowning accidents that occur in swimming pools? Here’s what you should know:
Premises Liability Laws
The premises liability laws in Colorado require property owners to maintain reasonably safe conditions on their property at all times. If there is a hazardous condition on the property, it is the property owner’s responsibility to warn others so they don’t injure themselves. If a property owner fails to fulfill this legal obligation, he could be held liable in a personal injury or wrongful death lawsuit.
Because of premises liability laws, the owner of the public or private property where the drowning accident occurred may be liable for the victim’s death. But, the plaintiff must be able to prove that the owner was negligent in the maintenance of his property.
Proving Negligence in Drowning Accident Cases
To establish negligence in a drowning accident case, the plaintiff must prove that the property owner knew or should have known about the hazardous condition that caused the victim’s death. If the property owner knew there was a dangerous hazard, but did nothing to fix it or warn others of it, he can be held liable.
For example, the state of Colorado requires all pool owners to have a barrier that is at least five feet high around the perimeter of their pool. If a child drowns because the property owner failed to put up a barrier, the property owner could be held liable. In this case, the property owner was negligent by not complying with the law. The property owner should have known that not putting up a barrier created a potentially dangerous hazard.
If you can prove negligence, you can hold the property owner liable and recover compensation. But, proving negligence in a premises liability case can be challenging, which is why it’s in your best interests to seek legal representation from a personal injury attorney.
Have you lost a loved one in a drowning accident? If so, contact Reisch Law Firm at once. Our compassionate personal injury attorneys will handle every aspect of the legal case so you can focus solely on grieving the loss of your loved one. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.