Drowning Accidents
Las Vegas Drowning Hotel Accident Lawyer
Dedicated to Assisting Clients Impacted by Drowning Accidents
Summer spells fun and adventure for many young people, who often turn to swimming pools for an exciting way to beat the heat. Many Las Vegas resorts also expect increased occupancy at this time of year due to summer pool parties and the usual arrival of holiday visitors.
Swimming pools, however, can be deadly. Approximately ten people die from drowning incidents every day, according to the Centers for Disease Control and Prevention. Approximately 1 in 5 of drowning fatalities are children under the age of 14. Young children are most vulnerable to drownings because swimming pools are attractive hazards for children. In 2015, according to the Southern Nevada Health District Drowning Registry, there were approximately 44 drowning incidents involving children under the age of 14. Seven of those incidents, or approximately 1 in 6, were fatal. These unfortunate incidents often occur in public pools, such as hotel and motel pools, but can occur at residences, too.
While not all drowning incidents lead to deaths, those who survive can suffer severe, permanent neurologic disability as a result of lack of oxygen. Severe brain injury can lead to long-term disabilities, learning disorders, memory problems, and even a permanent vegetative state.
Risk Factors in Drowning
Common factors that increase the risks of drowning include:
- Lack of swimming ability
- Lack of barriers, such as pool fencing
- Absence of close supervision
Drowning Prevention
Drowning can be prevented through strict observance of safety measures, particularly for the benefit of younger children.
- The installation of appropriate pool fencing can significantly reduce drowning risks by keeping young children away from the water
- Close adult supervision can also prevent unintended pool access, as it only takes a few seconds for a young child to get into the pool and silently drown
- While CPR itself does not prevent drowning, timely CPR intervention can significantly reduce the risk of brain damage in drowning victims
- Lifeguards being stationed in public pools can also minimize drowning incidents at hotels and resorts
Liability for Drowning Accident in Hotels
Premises Liability
Owners of public pools, including hotel swimming pools, are generally liable for injuries suffered on their premises. Moreover, these pool owners must observe relevant provisions of the Nevada Pool Code in constructing access barriers and the presence of licensed medical personnel or dedicated guard to remain in the pool premises.
Local regulations also require public pools to maintain sufficient area lighting to illuminate the surface areas of the pool deck.
If the absence of required safety precautions is linked to the drowning incident, then the pool owner may be held liable for drowning injuries.
Product Liability
Some resort pools are equipped with motorized features designed to enhance the pool experience. These include wave machines that mimic the natural waves of the sea and similar devices. However, these types of equipment may be defective and lead to drowning incidents. In this situation, liability may be established against the parts or equipment manufacturer.
Negligence
In drowning incidents, every second count towards saving the life of a victim or preventing severe brain injury. The brain can suffer serious and permanent damage with just minutes of being deprived of oxygen. The mere presence of a hotel lifeguard is not enough to exonerate the hotel owner from liability if it can be proven that the lifeguard unreasonably delayed in rescuing the drowning person.
Proving Negligence
Drowning incidents are complicated situations that involve several factors. An experienced personal injury attorney needs to examine all angles of a drowning incident to identify parties who may have potential liability and to determine the proximate cause of the drowning injury.
It also makes good sense to hire a personal injury attorney who can take care of gathering evidence, preparing witnesses, and completing the necessary paperwork to establish your claim for personal injury so that you can focus on the recovery of a loved one or heal from the unfortunate loss of a dear family member.
Value of Compensation in Hotel Downing Accidents
When liability for drowning injuries is established, the injured party may be eligible for several types of compensation, which may include:
- Medical Expenses (Past and Future): Coverage for all medical costs incurred due to the injury, encompassing hospital visits, surgeries, and medications.
- Ongoing Rehabilitation or Physical Therapy Costs: Compensation for necessary rehabilitation services to aid recovery.
- Loss of Income: Financial support for wages lost due to the inability to work due to the injury.
- Damages for Pain and Suffering: Compensation for the physical pain and emotional distress shared by the victim and their family.
If you or a loved one has been injured in a pool incident, it is crucial to seek advice from a knowledgeable drowning accident lawyer in Las Vegas as soon as possible to evaluate your case.
Bertoldo Carter Smith & Cullen is committed to representing clients and families impacted by drowning incidents in Las Vegas. Our team works hard to secure the maximum compensation our clients rightfully deserve. Contact us for assistance today.
Statute of Limitations for Drowning Accidents in Nevada
In the state of Nevada, individuals looking to file a personal injury claim related to drowning accidents have a legal deadline of two years from the date of the incident. This timeframe is critical; if a claim is not initiated within this period, the individual or their family may forfeit the opportunity to seek compensation for their injuries or losses. It’s important to note that specific exceptions could change this timeframe. For instance, cases involving minors or situations where the injured person was incapacitated at the time of the drowning may allow for an extended period to file a claim.
To safeguard your legal rights and options, it is advisable to consult with a qualified drowning accident attorney promptly after a drowning event. We will guide you through the intricacies of the legal system, assist in gathering essential evidence, and ensure your claim is filed within the necessary timeframe, increasing your likelihood of receiving just compensation.
Contact Our Las Vegas Drowning Hotel Accident Attorney Today
Drowning accidents can have devastating consequences, not only for the victims but also for their families. Understanding the potential risks associated with hotel pools and the responsibilities of pool owners is essential for ensuring safety. If you or a loved one has been affected by a drowning incident, it’s important to seek legal guidance to navigate the complexities of liability and compensation. The attorneys at Bertoldo Carter Smith & Cullen are devoted to advocating for the rights of drowning victims and their families. With our experience and dedication, we can help you pursue the justice and compensation you deserve during this challenging time. Contact us today to discuss your case and take the first step toward recovery.
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