When can I sue for a drowning accident in Las Vegas?
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.
If someone in your family suffered injuries or death from drowning in a Las Vegas swimming pool or other body of water, you may be able to file a lawsuit for:
- Medical bills,
- Occupational or physical therapy,
- Lost wages,
- Lost earning capacity,
- Pain and suffering,
- Loss of consortium of a spouse or registered domestic partner, or
- Wrongful death.
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 compensation for your or your loved one’s injuries.
If you were injured in a swimming pool, you may also wish to review our article on Nevada swimming pool accident laws.
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 a drowning?
- 3. How do I pursue a lawsuit?
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
According to the Centers for Disease Control, those most at risk of drowning include:
- Men: Males comprises nearly 80% of people who fatally drown.
- Children: One to four-year-olds make up the highest rate of drowning among children. Most drowning deaths in child occur in swimming pools.2
- Minorities: Recent statistics show that more African Americans drown more than Caucasians across all ages. Black children ages five to 14 are nearly three times more likely to drown than white children that age.
Many drowning deaths are unfortunate accidents with only bad luck or poor swimming skills to blame. But some drowning accidents occur because someone else was being irresponsible.
Reasons why a property owner or operator might be negligent include (without limitation):
- 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.
If any of these situations exist, the pool operator could be liable for injuries or “wrongful death” in Nevada for not meeting his/her legal duty to keep the pool safe.
Wrongful death suits are also appropriate in drowning cases where another person physically caused the drowning through intentional or reckless behavior. Even when another swimmer is negligent in Nevada, the family of the victim may be able to receive compensation.
To learn about a property owner’s obligations to keep his or her property safe, please read our article on premises liability in Nevada.3
Call our Las Vegas Nevada personal injury lawyers for help…
Drowning is often the fault of someone else failing to meet a legally required standard of care. If you have questions about potential legal claims associated with drowning, contact our Las Vegas NV personal injury lawyers for a free consultation using the form or calling us.
The statute of limitations in Nevada personal injury cases may be running out soon, so be sure to contact us as soon as possible to start working on your case.
See our related articles, Injured in a swimming pool in Las Vegas? 5 parties you can sue, boating accidents in Lake Mead and water park injuries in Nevada.
- 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, 88 Nev. 492 (1972).