OHIO LAWYER FOR DROWNING ACCIDENTS, INJURIES & DEATHS

Who Is Liable for Drowning Injuries in Ohio?

Drowning is the leading cause of death for children between the ages of one and four and the second leading cause of death for children between the ages of one and 14 (behind car accidents). Whether a third-party is liable for a drowning injury depends on where the drowning occurs and the scenario in which it happens.

For example, a city or municipality may be liable for a drowning injury or death at a public pool if a lifeguard is on duty and expected to intervene during an emergency. The city might not be liable if large signs are posted all around the pool area clearly stating, “No lifeguard on duty. Swim at your own risk.”

Whether a homeowner might be liable for a drowning death may depend on how easy it was to gain access to the pool and whether the person who drowned was an invited visitor or a trespasser.

Some children drowning deaths may also be the result of a defective product. For example, if a child is in a special chair designed to make it safer to give infants a bath. If the suction cups on the bottom of the chair fail and the baby falls over and becomes submerged, an argument can potentially be made that the defective product played a role in the baby’s death.

Similar types of claims may also be filed in cases of flotation devices or pool toys designed to keep children buoyant with their heads above water.



However, most of those types of products come with warnings that clearly state not to leave your baby or child unattended in the chair, which can provide some cover to the manufacturer. Litigation strategies can be complicated in these cases, and it may be worth your time to consult with an Ohio drowning death lawyer before filing a claim.