Louisiana Drowning Lawyers

Representing Victims of Drowning Accidents Across Louisiana

According to the Centers for Disease Control and Prevention, an average of 4,012 unintentional drowning deaths occurred in the U.S. between 2011 and 2020, and more children between the ages of 1-4 die from drowning than any other cause. About 40% of non-fatal drowning accidents require specialized or long-term care, which is four times higher than the average for all accident injuries. Many of the children who survive drowning deal with long-term effects, including brain injury.

Drowning is the fifth leading cause of injury-related death in the country. 

As drowning injury lawyers in Louisiana, it's especially vital for us to hold negligent property owners, hotels, and other entities responsible for water safety accountable for the harm done to others. Given that the most likely victims of drownings are children, there is no excuse for apartment complexes or hotels to employ every possible safety measure to protect swimmers. Clayton, Frugé & Ward makes our communities safer by advocating for drowning victims and their families, recovering everything they need for medical treatment, long-term disability care, and more after a pool accident. In total, we have secured over $1 billion for our clients in some of the state's toughest cases. 

Contact our Louisiana drowning accident lawyers today for a free case review: (225) 209-9943.

Determining Who Is at Fault in a Drowning Accident

In some cases, it's not immediately clear who should be held liable when a person drowns. A drowning accident lawyer at Clayton, Frugé & Ward can investigate the facts and help determine fault.

• Lifeguard Negligence at a Public Pool: There are cases when a lifeguard on duty is not paying attention while on the job—resulting in a drowning accident. In this case, the lifeguard and the owner of the pool may be held liable.
• Pulled Under the Water by Suction: Faulty pool filters can also be known to cause drowning accidents. Their suction can force a swimmer to remain underwater. In this case, the pool filtration manufactures may be held liable.
• Horseplay Among Swimmers: There are instances where swimmers may be playful and run around the pool or may push each other, but this can lead to serious injuries. If a person hits their head on the side of the pool, they may be knocked unconscious and drown. The individuals behaving unsafely in the pool may be held liable.

Attractive Nuisance Doctrine & Drowning Accidents

The "attractive nuisance" doctrine allows a premises owner to be held responsible for injuries suffered by children trespassing on the property if those injuries were caused by a hazard likely to attract kids. In Louisiana, as in many other states, swimming pools are one of the most common examples of attractive nuisances. They can be especially dangerous in the hot summer months, when children are attracted to them to cool off and have fun. 

However, pools, especially unsupervised ones, can quickly become death traps for unsupervised children who don't know how to swim or can't understand the dangers associated with water. Louisiana law recognizes the attractive nuisance doctrine and applies it to drowning accidents, meaning that property owners could be held liable for accidents occurring in their pools, particularly if the pool was not secured or if safety measures were not in place.

For liability to arise under the attractive nuisance doctrine, certain criteria must be met:

• The condition is dangerous and the property owner or occupant is aware or should have been aware of it.
• The child did not understand the risk involved in interfering with the condition or coming where the danger exists.
• The utility of maintaining the condition and the burden of eliminating the danger are slight when compared to the risk.
• The property owner or occupant failed to exercise reasonable care to eliminate the danger or protect the child.

Contact Our Louisiana Drowning Accident Lawyers: (225) 209-9943

If you have been injured while swimming or if you lost a loved one in a drowning accident because of another person’s negligence, you have the right to seek compensation. There is a two-year statute of limitation on premises liability cases occurring on or after July 1, 2024 and a one-year filing deadline for instances occurring before this date; therefore, it is vital to contact an attorney as quickly as possible. Clayton, Frugé & Ward can help you recover the monetary compensation that you deserve. We are dedicated to helping our clients secure their future and overall wellbeing. 

Contact our Louisiana drowning accident lawyers today for a free case review: (225) 209-9943!