Kaufman & Stigger, PLLC, represents families who lose loved ones in heartbreaking drowning accidents. A drowning at a pool can often leave a property owner or business owner liable after a tragedy. City parks and recreation departments might be responsible for a drowning at a public pool. Contact our Kentucky wrongful death lawyers to schedule a free, confidential consultation for your family. It’s a no-risk way to find out about every benefit available to those family members left behind.
Do I Need a Lawyer After a Drowning at a Kentucky Pool?
Nothing can bring back the precious life of a loved one after a drowning, but families are empowered by Kentucky law to seek justice on behalf of victims. Anyone who contributes to the dangers that lead to tragic death can be held accountable.
Families who lose a loved one can face instant financial hardships as funeral costs come due and the income the victim may have provided the family each week is taken away. A Kentucky drowning accident lawyer can seek out financial support for close relatives while giving the family time to grieve their loss. Some liable parties may also hire corporate or government lawyers to help them avoid accountability. Having a lawyer representing your family’s interests can help ensure that those at fault can’t escape responsibility.
Pool Drowning Dangers and Liability
In the summer and fall, plenty of Kentucky residents find pools to cool off in. They may be pools found hotels, campgrounds, resorts, waterparks, or even your local city parks and rec departments.
The property owners and business owners who own and operate pools all owe a duty of care to all visitors who use the pool facilities. They must see to the safety of all swimmers and even keep curious children out during off-hours so they can’t enter and suffer harm. When they fail in this legal duty, owners and operators are held responsible for accidents under Kentucky’s premises liability law.
A public pool leaves cities liable under the same premises liability laws. Those public places include the Mary T. Meagher Aquatic Center in Louisville or the Tate’s Creek Aquatic Center in Lexington. A homeowner who invites people over to a private pool also takes on certain responsibilities to make sure reasonable care is available in case of an emergency.
Property owners, business owners, and City departments must accept responsibility for these factors:
- Employing lifeguards when required
- Employing enough lifeguards
- Properly training and certifying lifeguards and other employees
- Proper safety equipment provided around the pool
- Proper maintenance of pool drains, pool linings, and other pool surfaces
- Keeping pools from becoming overcrowded and unsafe
- Installing fencing and barriers to keep unauthorized visitors or after-hours visitors out
- Hiring security guards to prevent unattended people from entering a pool
If owners and operators, and city workers are negligent of these duties and others, families should hold them accountable for tragic deaths that could have been prevented. Your lawyer fully investigates your case and makes sure each failure by a business or property owner is documented with evidence. This helps your family when it comes time to seek support through a wrongful death claim or a wrongful death lawsuit.
Who Can I Sue After a Tragic Drowning?
As you explore holding someone responsible for the loss of a loved one, deciding who is liable will be an important first step. In these cases, there could be several parties found to blame. Your Kaufman & Stigger attorney helps you determine who a claim should be directed at.
These and other parties could all be required to contribute to the care and support of your family:
- Property owners and homeowners with pools
- Landlords and property management firms at apartment complexes with pools
- Resort or hotel owner
- Corporate owners responsible for the actions of a recreation company or a waterpark
- A Homeowner’s Association (HOA) operating community pools
- City or County departments that operate public pools
- Pool maintenance business
- Pool filter and drain manufacturers
Will I Have to Go to Court to Secure Support After a Drowning?
Once your lawyer has determined who can be held accountable in your case, a claim would usually be filed against the at-fault party’s liability insurance provider. Your lawyer would negotiate to secure a fair settlement that allowed your family to trust that they’ll have support to avoid financial turmoil in the future.
If an insurance company refused to accept accountability or tried to provide less support than your family needed, your lawyer would be ready to file a lawsuit and take the party before a judge and jury.
How Long Do I Have to File a Pool Drowning Claim in Kentucky?
Families have up to one year to file a drowning accident wrongful death claim from the date of someone’s death. Those left behind should act quickly because evidence can disappear and witnesses can become hard to locate. The court will also need time to assign a representative for the family to file the claim.
Keep in mind that if your case involves negligence on the part of a city or county government department, the deadlines can come much sooner. Government entities enjoy protection from lawsuits. You may have to file a claim within months to avoid having your case rejected. You could also have to seek permission from the city simply to be allowed to file a lawsuit. Your Kaufman & Stigger, PLLC, representative will make sure you meet all deadlines and earn justice for your tragedy.
What Sort of Support is Available for Families After a Drowning?
Families will be able to seek substantial support for their loss, especially for the effects a tragic death will have on their future lives.
A pool drowning lawyer would seek immediate reimbursement for all funeral and burial costs. The remaining medical bills and ambulance fees should also be entirely covered.
The financial support a loved one would have contributed to the family in the years ahead must be factored into any drowning settlement.
The emotional toll the loss of a loved one takes on close relatives now and in the future will earn additional support. The guidance and care that loved ones won’t be able to rely on anymore must be considered. The loss of consortium covers the loss of intimacy between a spouse or partner.
For parents who have lost a young child, at-fault parties can be held responsible for the loss of companionship a child’s absence will cause for years to come.
Contact a Kentucky Pool Drowning Attorney
Contact Kaufman & Stigger, PLLC for a free and confidential consultation on your case. At such a difficult time, we want families to know about every benefit available to them and how to force insurance companies to provide fair support for a death that could have been prevented.
If you decide our wrongful death lawyers can help protect your family and earn them more in support for the years ahead, you won’t need any money. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement you and your family are awarded.
Kaufman & Stigger would like the opportunity to handle the most frustrating parts of a wrongful death claim so that your family can focus on grieving and celebrating a loved one’s life. We fight to get the most for your family while providing as little disruption as possible.
