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The danger of drowning and premises liability

There is a higher risk of drowning in the summer because lakes and swimming pools are more attractive in hotter weather. However, numerous adults and children drown each year in private and public swimming areas. In California, drowning is the primary cause of death for children 4 and younger. Swimmers may reduce their risk for drowning by learning about myths and avoiding common scenarios for drownings.

It is a common misconception that drowning does not happen to people who swim well. Adults with medical conditions may drown, as can those who go for a swim after taking drugs or consuming alcohol. Others have too much confidence in their swimming ability and underestimate the power of rip currents at the beach. Another misconception is that swimmers who are drowning will flail about and yell. However, people can silently sink under the surface of water, especially children and older adults who suffer medical emergencies such as heart problems or seizures in the water.

Although children are more likely than adults to drown, adults drown more often every year. Only one of five swimmers who drown are 13 and younger. The most common scenario among adults for lake and swimming pool drownings involves alcohol. Most of the children who drown are under the supervision of an adult. However, the adults are often looking at their laptops and phones or taking bathroom or water breaks when the accidents occur.

When swimming pool accidents happen because the property owners were negligent, the families of the drowned individuals could file lawsuits against them under the theory of premises liability. An attorney can often assist survivors in demonstrating that the owners breached their duty of care towards their guests.

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