Las Vegas Drowning Lawyers
In the year 2000, close to 3,343 Americans died by drowning either during or in direct relation to diving and swimming activities. 5000 children are brought into hospital emergency rooms every year suffering from injuries sustained during a swimming activity. The injuries range from scrapped knees to irreversible brain damage to death.
In several states, responsibility falls upon the homeowner to erect a fence around their pools. This is to discourage uninvited guests and wandering neighbor children access to the pool. A homeowner may still be liable for injuries an uninvited swimming guest sustained, EVEN THOUGH THE PERSON WAS TRESPASSING. Premises liability laws distinguish between trespasser and an invited guest. Recovery for injuries depend highly on which category a court of law places the injured. Categorized as a “Trespasser”, the Property Owner is protected from all liability, unless the trespasser is injured by an Owner who willfully and intentionally inflicts the injury onto them.
Owners have been held liable when an invited guest is injured or killed as a direct result of neglect on the part of the owner to warn guests of a possible danger that they as guests of the residence are not aware of. Compensatory damages recovered by successful plaintiffs suing under personal injury claims for diving or other accidents have included lost wages, pain and suffering, and medical expenses.
In the event a child sustains injury or dies in a pool, negligent supervision may be claimed against the owner of the pool. The plaintiff only has to establish the pool owner had a duty to watch the injured or deceased child as he or she swam.