Las Vegas sees an unfortunately high rate of drowning in residential pools and Lake Mead. In many of these cases, someone other than the victim is legally at fault. In some cases, the drowning victim survives, but nevertheless suffers injuries that can include lifelong disabilities.
Our Nevada personal injury lawyers can help determine whether another party is at fault for a drowning. We can negotiate with insurers and/or property owners to ensure that you get the compensation you deserve when you need it.
We offer free consultations and representation to qualified plaintiffs on a “contingency” basis. If we take your case, you will pay us no money until you get compensated for your injuries or your loved one’s injuries.
To help you better understand Nevada’s laws on accidental drowning, our Nevada personal injury attorneys will discuss the following:
- 1. How does Nevada law define drowning?
- 2. Who is most at risk for drowning?
- 3. Whom can I sue?
- 4. What damages can I get?
- Additional resources
Drowning is the U.S.’s 5th leading cause of injury deaths.
1. How does Nevada law define drowning?
Nevada law defines “drowning” as suffocation and death due to the lungs filling with water or other substances.
Drowning ranks as the fifth leading cause of unintentional injury deaths in the United States.
An average of 3,533 fatal unintentional drownings occur every year in the U.S., 20% of which are children 14 and younger. (This does not comprise boating accidents, which account for an additional 347 deaths annually.)1
2. Who is most at risk for drowning?
According to the Centers for Disease Control, those most at risk of drowning include:
- Men: Males comprise nearly 80% of people who fatally drown.
- Children: One to four-year-olds make up the highest rate of drowning among children. Most child drowning deaths occur in swimming pools.2
- Minorities: Recent statistics show that more African Americans drown than Caucasians across all ages. Black children ages five to 14 are nearly three times more likely to drown than white children that age.
3. Whom can I sue?
Families of drowning victims may be able to recover money damages from “wrongful death” lawsuits.
You may have grounds to sue the owner of the pool for negligence, defined as a breach of their duty of care to keep you safe. Examples of negligent behavior include:
- Inadequate pool maintenance;
- Hazardous property conditions (such as uneven concrete);
- Untrained or inattentive lifeguards;
- Failure to administer appropriate first aid or to call 9-1-1 after a drowning.
To learn about a property owner’s obligations to keep their property safe, please read our article on premises liability in Nevada.3
If the cause of the drowning was in whole or in part caused by defective pool equipment, you may also have a products liability case against the manufacturer or the seller.
Lawsuits are also appropriate in drowning cases where another person – such as a fellow swimmer – physically caused the drowning through intentional or reckless behavior.
4. What damages can I get?
If you suffered injuries from a drowning accident in a Las Vegas swimming pool or other body of water, you may be able to file a lawsuit for:
- Medical bills,
- Counseling,
- Occupational or physical therapy,
- Lost wages,
- Lost earning capacity, or.
- Pain and suffering.
Your spouse or registered domestic partner may also be able to file suit for loss of consortium.
If your family member died from drowning, then you can bring a wrongful death lawsuit in pursuit of loss of support, loss of companionship, and grief and sorrow.
Additional resources
For more information, refer to the following:
- Drowning Prevention & Facts – The American Red Cross’s page on drowning prevention tips and facts.
- Safety Tips – Safe Kids Worldwide’s page with drowning prevention tips for parents and caregivers.
- Drowning Facts – Centers for Disease Control and Prevention (CDC) fact sheet on unintentional drownings.
- Water Safety for Parents – Johns Hopkins Medicine’s overview of drowning causes, risk factors, and prevention.
- A Review of Interventions for Drowning Prevention Among Adults – Scholarly article in Journal of Community Health.
See our related articles, Statute of limitations in Nevada personal injury cases, Injured in a swimming pool in Las Vegas? 5 parties you can sue, Boating accidents in Lake Mead, Water park injuries in Nevada, and Nevada swimming pool accident laws.
Legal References:
- Unintentional Drowning: Get the Facts, CDC.; Facts about Wet and Dry Drowning, eMedicineHealth.
- Id.; see Rio Lacanlale, Number of fatal drownings in Las Vegas Valley rising, Las Vegas Review-Journal (July 23, 2018).
- See Kimberlin v. Lear (1972) 88 Nev. 492.