Private Lake Drowning Accident Lawsuit

We typically see lakes as a source of peace and relaxation, especially as the weather gets warmer and more people congregate outside. Certainly, there are wonderful aspects to being near a lake, such as swimming and going on boat rides. However, lakes can also be a source of tragic accidents like drownings and deaths. In fact, private lake drowning cases are not uncommon in California, particularly in summer camps and private beaches.

Have you lost a loved one to a drowning accident, or suffered injuries from near drowning in a private lake? California laws allow you to sue the owner of the lake if an act of negligence was the reason for your accident. However, it’s important to understand what “negligence” means in a legal sense, which you will need to prove in order to seek monetary compensation. A lawyer with experience in drowning accident lawsuits can assist you and provide answer to important questions, such as:

• What are my rights if I’ve been injured in a drowning accident?
• Can I sue if my family member died from drowning in a private lake?
• What can I receive from a private lake drowning injury lawsuit?

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Can I Sue the Property Owner for a Drowning Accident?

California’s drowning accident laws for private lakes obligate owners to ensure the safety of their property for all legitimate guests and visitors. So that’s the first thing you would need to establish – that you were a licensee (allowed on the property for personal reasons) or invitee (on the property for a business reason).

Next, you will need to prove that the property owner breached their duty of safety to you through an act of negligence. This can mean a lot of different things, depending on the type of property you’re dealing with. Here are some properties where we typically find private lakes:

• Private home / estate
• Farms and ranches
• Summer camps
• Wilderness camps
• Private beach
• Other privately owned recreation areas

Owners of such properties must keep an eye out for hazardous conditions that can cause an injury. For example, if the lake is very deep with strong currents, there should be signs warnings visitors of those dangers. If it’s a lake that’s used for swimming, like at a summer camp, a lifeguard should be on duty while the lake is in use. Private lake owners must also take care of any boats that are on their lakes. Capsizing or sinking boats are the reason for many drowning-related fatalities, especially in strong currents.

If an owner did not exercise proper caution and you or a loved one was injured in their lake, you should speak to a lawyer immediately to learn about your legal options. Our drowning accident injury lawyers are waiting to assist you, so please give us a call at our office.

Injuries from a Drowning Accident

Without a doubt, fatality is the worst injury one can sustain from drowning in a lake. However, there are serious consequences for those that survive. Here are some of the most common injuries that are associated with a near drowning accident:

• Hypoxia

Hypoxia is characterized by a lack of oxygen to bodily tissues, which is needed for your body to function properly. The brain is particularly vulnerable, and drowning victims may be left with permanent brain damage.

• Pneumonia

The body is susceptible to several types of pneumonia when you drown in a lake. One of these is bacterial pneumonia, in which the lungs become inflamed from viruses, fungi, and/or pathogens. Immediate treatment is needed to prevent deadly conditions like sepsis and respiratory failure.

• Respiratory failure

Your ability to breath is affected when water from a lake fills the lungs and damages the alveolar capillary membrane. This causes alveolar edema, which will make it difficult to breathe.

• Hypothermia

Lake waters are normally very cold, which can result in hypothermia when someone is drowning. This is a life-threatening condition, where the body loses too much heat and starts to shut down. Even with treatment, hypothermia can cause permanent damage to vital organs, like the heart and lungs.

• Pulmonary edema

Caused by too much fluid in the lungs, pulmonary edema can cause breathing problems, chest pain, and a feeling of suffocation. This is a very common condition among drowning survivors, but it can have fatal consequences if it’s not treated right away.

Emotional trauma is another near drowning injury that’s often forgotten about. PTSD and other anxiety disorders are common among drowning survivors, and these are conditions they may have to live with for the rest of their lives. It’s essential to seek counseling from a licensed therapist, who can help you manage the emotional trauma of your accident on a day-to-day basis.

Damages from a Personal Injury Lawsuit

As you can see from the previous section on injuries, near drowning in a lake can leave you with serious damages that can take a long time to recover from. There are many losses you can sustain from a drowning accident, but a lawsuit against the property owner may help you recover:

• Medical bills
• Cost of therapy
• Lost wages / lost earning capacity
• Pain and suffering
• Property damage
• Legal fees
• Punitive damages

It’s important to consult a lawyer right away regarding the damages you’re entitled to. Many victims file injury claims with the lake owner’s insurance company on their own. Unfortunately, they are unaware of the full range of costs they can recover, and as a result, they end up with inadequate settlements. This can lead to financial hardship and problems affording medical treatment down the road. To make sure you are properly compensated for your accident, speak with one of our attorneys during a free consultation.

Damages from a Wrongful Death Compensation Claim

Family members and loved ones of a drowning victim sustain many losses that are left behind by the decedent. Through a wrongful death lawsuit, you may be able to receive the following:

• Medical bills left behind by the decedent
• Funeral / burial costs
• Loss of expected income
• Loss of consortium
• Pain and suffering
• Lost benefits such as healthcare and pension funds
• Legal fees

Wrongful death claims can be complicated, as they’re largely based on your future losses as a result of your loved one’s death. These can include economic losses, like the value of household services that the victim would have provided. Other damages, like loss of consortium, refer to the love and companionship you no longer have from your former spouse or partner. It’s hard to know how much you should request for emotional damages, which is where a lawyer can help. If you’d like to learn more about what you can recover, contact our office and speak to a wrongful death compensation lawyer.

Statute of Limitations for a Drowning Accident Lawsuit

All personal injury lawsuits come with a statute of limitations, meaning you have a limited amount of time to request monetary damages from the responsible party. The SOL in California for a drowning accident is 2 years from the date you were injured, or 2 years from the date of death for a wrongful death claim. If you are past the 2 year-mark, you will lose the chance to sue the property owner, even if you have a strong case.

Exceptions can be made for injury victims that were minors at the time of the accident. In that case, they have 2 years from the time they turn 18 to file a lawsuit. If you were medically incapacitated or out of the state during the statute of limitations, you may also qualify for an extension. If you’re not sure about how much time you have left to file an injury claim, don’t hesitate to give us a call. Our lawyers will be happy to assist you with your questions and concerns.

The Attorneys of Normandie Law Firm

Being submerged underwater for just a few minutes can have tragic consequences, including fatality. But even survivors can be left with devastating injuries that haunt them for the rest of their lives. When these accidents occur in private lakes, victims and their loved ones may have a case for monetary damages. However, you will need an experienced attorney by your side to ensure that you are not taken advantage of. That’s precisely what we can offer you at Normandie Law Firm, whether you are the injured victim or the loved one of someone who passed away in a drowning accident.

When you choose Normandie, there is no upfront cost to you for our services. With our Zero fee guarantee, the only way we get paid is by winning your case. In the event we fail to recover your compensation award, you will not be responsible for any of our fees. That means you have nothing to lose by speaking with us to learn about your rights and legal options. Please contact our office and schedule a free case evaluation.

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