Maison Law Accident & Injury Lawyers of Modesto represents anyone that’s hurt in premises liability accidents across the city. A drowning accident is one of the scariest incidents you can find yourself in, and given all the water sources in Modesto, it may not be as far-fetched as you might expect. If you or someone you know has been injured or lost their life in a drowning accident and want to discuss your legal options, contact us today for a free consultation.
Why You Might Need a Lawyer
Legally, a drowning accident is similar to a car accident or slip and fall, and you’re not required to have a lawyer in California. However, drowning accidents often result in serious injuries and involve complex liability issues. By working with us, we will:
- Explain your legal rights
- Provide tailored advice for your situation
- Thoroughly examine relevant facts
- Assist in gathering crucial evidence
- Support and guide you throughout the legal process
- Handle all aspects of your claim to reduce your stress
You never want to find yourself in a situation where there’s a drowning–or even a near-drowning accident. Yet, when it does happen, knowing what your options are and what you need to do is very important for a recovery.
Who’s Legally Responsible For a Drowning Accident in Modesto?
The opening step of your legal options after a drowning accident in Modesto is figuring out who’s liable–or legally responsible. Because it’s effectively a premises liability issue, the owner or manager of the property where the accident happened is going to carry most of the liability. Generally, property owners or managers are responsible for making sure anyone they allow to swim or be near the water is kept safe. If they fail in this duty and a drowning occurs, they can be deemed negligent. However, other parties might also share responsibility, including:
- Government agencies – In public areas like rivers or beaches, local government agencies might be responsible for maintaining safety measures.
- Lifeguards or supervisors – If lifeguards or supervisors were supposed to be present and were negligent, they could be liable.
- Manufacturers – If a defective product, such as a faulty life jacket, contributed to the drowning, the manufacturer or seller could be held responsible.
- Third parties – If another person’s reckless behavior or failure to help led to the drowning, they could be held accountable.
Determining liability is the first step in the claims process, with the goal of recovering damages. But like any accident, it’s the actions you take in the immediate aftermath that really play into how your claim moves forward.
Steps to Take After a Drowning Accident in Modesto
In any accident, there are essential steps to take to protect yourself and others. This is especially crucial in a drowning or near-drowning incident because you have to act quickly. There’s precious little time when you or someone else is struggling in water. So, here are the steps to take during and after a drowning accident:
- Call for or get help – If you or someone else is in danger in the water, seek assistance from trained professionals or bystanders.
- Call 911 for medical attention – Make sure you receive medical care from EMTs by calling 911 for an ambulance, then follow up at an emergency room or urgent care, particularly for serious injuries.
- Report the accident to someone in charge – Tell the relevant authorities or people in charge about the accident to make sure they know what happened and take necessary action.
- Gather evidence – Collect details of the incident and your injuries, and get witness statements if possible.
- Preserve any damaged property – Keep any damaged property as evidence and maintain records of related expenses.
Remember, your health and safety come first. Once that’s taken care of, you can start thinking about your legal options. That’s what makes these steps so important–it gives you the foundation for your claim.
What Legal Options Do You Have After a Modesto Drowning Accident?
Facing a drowning accident is never ideal, but it does give you certain legal options when it happens because of someone’s negligence. Again, the main option you have is to file an injury claim against whoever is responsible. From there, there’s generally two paths:
- File an insurance claim – Start by filing a claim with the insurance company. This might lead to a lawsuit.
- Lawsuit – After going through the insurance process, decide if you want to file a lawsuit based on the settlement offer.
Whichever option you choose, you can seek “damages” for you:
- Medical expenses
- Lost wages
- Property damage
- Pain, suffering, and emotional distress
- Loss of enjoyment of life or companionship
- Wrongful death expenses
- Punitive damages (for severe negligence)
Remember, you have two years from the date of the accident to file your claim. If you miss this deadline, you can’t recover damages. That said, where the accident happens is going to be hugely important.
Where Do Drowning Accidents Happen in Modesto?
Drowning can occur anywhere there’s water, and whether you have legal options often depends on whether someone’s negligence caused the accident. In Modesto, drowning accidents usually happen in the following places:
- Swimming pools – Both backyard and public pools can be dangerous if safety rules aren’t followed or if no one is supervising swimmers.
- Lakes and ponds – Popular spots like Woodward Reservoir and Modesto Reservoir can be hazardous, especially for those who are not strong swimmers or who ignore safety rules.
- Rivers and streams – The Tuolumne River poses risks, particularly with fast-moving water or strong currents.
- Water parks – Places like Freedom Park or Funworks Modesto can be dangerous if safety guidelines aren’t followed or if equipment malfunctions.
- Bathtubs and spas – Accidents can occur at home in bathtubs, hot tubs, or spas, especially if children are left unattended.
- Irrigation canals – In the agricultural areas around Modesto, irrigation canals can be hazardous due to fast-moving water and potential underwater obstacles.
- Flooded areas – Heavy rain or flooding can create dangerous conditions in flooded streets or low-lying areas.
Your health and safety come first. Once you’re safe, you can explore your legal options with guidance from our experienced Modesto drowning accident lawyers.
Contact Our Modesto Drowning Accident Lawyers Today
Enjoying water activities in Modesto is usually filled with fun and memories, but it can turn tragic in the event of a drowning or near-drowning accident. At Maison Law Accident & Injury Lawyers of Modesto, we understand the profound impact of these accidents and are committed to providing the support necessary for you and your family to recover. Contact us today to schedule a free consultation and learn more about how we can help you.