Kaufman & Stigger, PLLC, represents families who lose loved ones in heartbreaking drowning accidents in retention ponds. A drowning in a retention pond can leave a property owner, or even a construction company liable after a tragedy. Families can contact our wrongful death lawyers to schedule a free, confidential consultation. Family members should know about the options they have to seek justice and secure help through such a difficult time.
Retention Pond Drowning Dangers in Kentucky
Retention ponds are man-made ponds usually put in place to collect water around cities and communities where runoff might cause flooding.
You’ll see retention ponds are all over the place when you take time to notice them. They won’t appear as inviting as a pool or a lake, but children and teens often get curious and decide to test the waters. Other victims might be walking near a slick bank and accidentally slide down into a deep pond.
These hazards and others can leave property owners liable when people are injured in near-drownings and falls. A landlord or business owner could also have to provide support to the families of victims after a tragic drowning. Property owners must take every action necessary to prevent tragedies.
That can mean warning anyone who might approach a retention pond. If these precautions and others aren’t taken, a property owner might face full liability over a drowning:
- Signs warning of steep, slippery banks
- Signs warning of deep water
- Signs warning of fast-moving water and flooding during storms
- Providing access to safety equipment to help anyone drowning
- The removal of unsafe drains that could trap swimmers
- Installation of fencing around a pond
- Hiring security guards to prevent children from entering the pond
Families who lose a loved one to a pond drowning that could have been prevented will face many bills after a tragedy. They can also be left without the income the deceased may have provided the family. Kentucky permits families who have lost a loved one to file a wrongful death claim against at-fault parties.
Your Kentucky drowning accident lawyer could help file this claim and handle the frustrating negotiations with insurance companies The goal would be to provide your family with as little disruption as possible while working to ensure close relatives had what they needed to avoid financial issues in the future.
Who Can Be Held Responsible for Retention Pond Drownings?
Cities and communities across Kentucky will have their own regulations about how retention ponds are built and who bears responsibility for their maintenance and safety. Lexington partly goes over the responsibilities of both the property owners and the city on the Lexington City Website. Louisville has its own rules and inspection process. You’ll want an experienced lawyer who can investigate what happened to your loved one and determine who should be held accountable. In some cases, multiple parties might be liable for a tragic death.
These and other parties could be liable for the dangers around a retention pond:
- Property owners
- Business owners
- Homeowners Association (HOA)
- Hotel and Resort Owners
- Property management companies
- Construction firms
- City, County, or State Government Department
In some cases, your city government may have been responsible for making a retention pond as safe as possible. City inspectors might also be guilty of approving an unsafe pond. Filing a lawsuit or claim against a city or state agency can be very complex.
In Kentucky, families generally have up to one year to file a drowning accident wrongful death claim from the date of someone’s death. But cases involving a government department can have much shorter deadlines.
State and federal 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.
Compensation Available to Families After a Tragic Drowning
A wrongful death lawyer will be fighting on behalf of your family to seek out the maximum in support possible. Kaufman & Stigger, PLLC, gets aggressive to make sure every hardship a family has faced and will face in the years ahead is the responsibility of the negligent property owner and the owner’s liability insurance company.
These and other factors should all play a major role in the amount on a wrongful death settlement check:
- Support for funeral service and burial expenses.
- Support for leftover medical bills, ambulance fees, and search and rescue fees.
- Replacement of the income the deceased may have supported family members with but can no longer provide.
- Support for the guidance and love that family members will no longer be able to draw from in the future.
- The loss of consortium (loss of intimacy with a spouse).
- Support for parents who have had a child taken from them in a drowning accident.
Contact a Kentucky Pond 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 Kentucky Lake Drowning Lawyers can help earn your family more in support for the years ahead, you won’t need any money to hire us. 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.