- Owners must keep pools reasonably safe. Pool owners, apartment complexes, hotels, community associations and clubs can be responsible for unsafe conditions such as broken fencing or gates, missing safety equipment, or inadequate supervision.
- Lifeguards and supervisors owe a duty of care. When a facility provides lifeguards or a camp or daycare supervises children, failures in supervision can support a claim.
- Wrongful death deadline. A Virginia wrongful death action generally must be filed within two years of the date of death (Va. Code § 8.01-244).
- Non-fatal drowning injuries are serious. Near-drowning can cause lasting brain injury, and those claims generally must be filed within two years in Virginia (Va. Code § 8.01-243), with longer periods for minors.
Who Is Responsible in an Accidental Drowning Case?
In some cases, a drowning is simply a terrible accident. In other cases, a child or adult drowns because someone failed to act or acted negligently. Private property owners. Some accidental drownings occur because a property owner failed to maintain his swimming pool in a reasonably safe condition. Depending on the circumstances of the case, the owner may have an obligation to install fencing around the pool, or to ensure that the decking, concrete, or other surface around the pool was properly maintained. Businesses. It’s also possible for businesses to be responsible for an accidental drowning. When you enter a public pool, you usually have a right to expect the pool to be staffed with properly trained lifeguards. You also expect the pool to be safe and well-kept, and for staff members to enforce rules and occupancy limits. Drowning accidents have occurred in gyms, recreation facilities, schools, cruise ships, community pools, at the beach, and inside waterparks and amusement parks. Defective products. Accidental drownings can also happen in bath tubs and showers, with children and the elderly at the highest risks of being seriously injured or killed in a bath tub or shower. No matter how a drowning accident occurs, it is devastating for those left behind. If you have suffered this type of loss, you need a strong shoulder to lean on. Our lawyers can help you get the compensation and resolution you deserve.Hilton & Somer, LLC: Virginia, Maryland & D.C. Accidental Drowning Lawyers
The accidental drowning lawyers at Hilton & Somer, LLC offer compassionate legal guidance to individuals and families who have lost a child or another loved one in an unintentional drowning incident. These are emotional and complex cases. If you are grieving the loss of a loved one due to a drowning accident, get the support you deserve. Our lawyers offer free case evaluations, and we will help you explore the options in your case. You can reach us through our online contact form, or by calling 703-560-0700.
Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Drowning Accident FAQ
Who can be held responsible for a drowning?
Depending on the facts, responsibility may fall on a property owner, a homeowners or community association, an apartment complex, a hotel, a camp or daycare, a lifeguard service, or the maker of defective pool equipment such as a drain cover.
Can a family file a wrongful death claim after a drowning?
Yes. In Virginia, the personal representative of the estate can bring a wrongful death claim, generally within two years of the death, for the benefit of the surviving spouse, children and other statutory beneficiaries.
What should I do after a drowning or near-drowning accident?
Get emergency medical care, report the incident, photograph the pool area, fencing, gates and signage, and get the names of witnesses and staff on duty.
How much does it cost to hire a drowning accident lawyer?
Hilton & Somer handles drowning and pool accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family, and the first consultation is free.
