Guidance From Lawyers Who Care

Sink or swim: Missouri’s drowning accidents

On Behalf of | Jun 27, 2023 | Drowning, Personal Injury And Wrongful Death

One minute you are floating in fun, the next you can suffocate in water. The Centers for Disease Control and Prevention pertains to drowning as a respiratory impairment due to submersion in liquid. Each day, on average, 11 Americans drown to death and 22 others experience nonfatal injuries that may lead to long-term care, such as broken bones and brain trauma.

The circumstances surrounding your case determine liable parties and possible compensation recovery for your injuries, or in the worst cases, death.

Who’s liable for your drowning accident?

Under Missouri law, property owners have a duty of care to maintain their premises to ensure the safety of their tenants, visitors or guests. When there is a breach of care resulting in injury or fatality, property owners may be liable parties for a drowning incident:

  • The homeowner of a private swimming pool
  • The landlord of an apartment complex swimming pool
  • The municipality of a public swimming pool
  • The facility owner of a waterpark
  • The camp owner or administrator of a lake

It is essential to investigate the unique facts of your case to accurately identify all liable parties. For instance, a public swimming pool’s municipality may not be solely liable for your drowning accident. You may be suffering injuries because of a lifeguard on duty’s negligence. In effect, the lifeguard’s employer may also be responsible for hiring a careless individual for such a critical role. Another example would be a boater unsafely operating their watercraft. Thus, they can also be liable aside from the camp owner or administrator.

Missouri’s pure comparative fault rule means if established that you somehow caused the accident, your damages may reduce based on your percentage of fault. It is urgent that you seek the guidance of a legal resource, as you only have five years since your accident to file a claim.

Keep swimming to safety

There are innumerable causes of drowning accidents, which range from unsupervised premises and lack of lifesaving equipment to inadequate maintenance and warning signs. You may suffer minor scrapes and bruises, or you may face permanent damages requiring lifetime medical support. Whichever tragic situation you may be in, it will help to have a legal counsel fight for the financial aid you need to keep enjoying the waters and get back to safety.