In the News: TWO RECENT DROWNINGS CALL ATTENTION TO DANGERS 


“It’s quick, it’s silent, and it can happen to children at any age,” Bianca Reyes writes for Fox59. Community Health is reporting that the hospital has seen “an explosion” of drowning incidents, mostly happening in residential or neighborhood pools.

Drowning prevention tips offered to parents by Riley Children’s Hospital include:

• enrolling children as young as 12 months old in swim lessons
• keeping small children within arms-length when in the pool
• installing a fence or cover for your at-home pool
• taking “shifts” with other adults to keep eyes on children in the water
• using life jackets rather than pool noodles or arm floats

Two recent incidents show just how dangerous unsupervised swimming can prove for children and youths:

• An 11-year old girl is dead after drowning in northern Indiana beach. She had been swimming with two family members when a wave struck all three, pulling them deeper into the water. Bystanders were able to rescue two of the swimmers
• A 17-year old boy from Columbus, Indiana, drowned in the Tipton Lake swimming area

In neither of these horrible incidents does there appear to be anyone “at fault”. Therefore, in neither of these two cases will family members be likely to visit the law offices of Ramey & Hailey to file a personal injury lawsuit.

In contrast, when property owners fail to protect their pools or retention ponds and someone dies or suffers serious injury because that private or public pool was not properly maintained or protected, their family members may file a lawsuit.

Essentially, there are two types of lawsuits that apply to drownings:

• For private swimming pools, the lawsuit would be filed against the homeowner and the owner’s insurance company, or against the landlord of an apartment complex and the landlord’s insurance company.
• For public swimming pools, the lawsuit might be filed against the local government, claiming negligent supervision at the pool.

What reimbursements are possible as a result of a lawsuit?

If the drowned person survives but needs medical care (sometimes for life), the recovery can be for medical bills, loss of future earning potential, and pain and suffering. If the drowning resulted in death, funeral expenses can be reimbursed.

Drowning is silent.  When it is the result of someone’s negligence, you need not be silent!