A Proven History of Results in Drowning Cases
When a child tragically drowned at an apartment complex pool, his parents turned to Arnold & Itkin for help seeking justice. Our attorneys worked quickly and meticulously investigated the property’s owner and operator, who initially tried to shift blame onto our clients. However, we discovered the defendants had violated critical safety laws by failing to maintain a functioning gate—directly contributing to the devastating loss.
We ultimately secured an $8 million settlement on behalf of the family.
Some of our other drowning case results include:
- $8 million for the family of a young child who drowned at a hotel swimming pool.
- $6.98 million on behalf of a man who drowned in a community pool.
- $6 million for the families of two maritime workers who drowned when their boat capsized.
- $4 million for the family of a young man who drowned due to a lack of safety equipment.
- $3.25 million for the family of a child who drowned at an apartment complex.
- $2.5 million for a father whose son drowned in a wave pool at a water park.
- $1.2 million for a tugboat captain left with permanent injuries from a near-drowning incident.
The loss of a loved one, particularly a child, is a tragedy from which a person can never fully recover. Seeking answers and accountability, however, can bring a sense of closure and help a family get support to begin moving forward. At Arnold & Itkin, we take our mission very seriously: to help people through the toughest times. We hold property owners and other at-fault parties accountable for drownings and near-drownings in Louisiana and across the U.S.
"They are driven. They are aggressive. They will not quit for you. They will not give up for you. That’s what makes them special."
- Mildred Solar Cortez, widow of El Faro crew member
Causes & Impacts of Drowning Accidents
Drowning accidents can occur due to numerous factors. Poor supervision, faulty pool fencing, lack of safety equipment, and defective products like flotation devices can all contribute to these heartbreaking occurrences. Legally, identifying negligence or fault is crucial in mounting an effective case.
The impacts of drowning accidents extend beyond immediate physical harm to include long-term physiological and psychological scars for survivors and families. Brain damage due to oxygen deprivation and emotional trauma can alter life trajectories, demanding ongoing medical and therapeutic interventions. For families, the financial implications can be daunting, making it critical to seek legal counsel from a firm that has experience with these types of cases.
Critical Steps Following a Drowning or Near-Drowning Incident
The things a person does in the immediate aftermath of a drowning or near-drowning incident can have direct and lasting health, financial, and legal consequences.
After a drowning or near-drowning accident in Louisiana:
- Seek medical attention. Depending on the severity of the situation, call 911 or go to your nearest urgent care facility, emergency room, or other medical center. You should seek medical attention even if the victim seems to recover, as latent health issues can develop from inhaling and/or swallowing water.
- Report and document the incident. File a report with local authorities and gather documentation, including witness statements and information, as well as photo and/or video evidence if available. Take notes of what you remember before important details are forgotten. The more information, the better.
- Secure legal representation. Contact a drowning attorney in Louisiana to explore your legal options. Get your immediate questions answered and learn what you can do to find out who's responsible and hold them accountable. Understanding your rights can help you make the right choices moving forward.
Contacting authorities promptly can often make a significant difference in both the immediate response to the incident and any subsequent legal action. Thorough documentation can ensure all pivotal details are preserved, providing a solid foundation for any legal claims. This is where a professional legal team’s intuitive understanding of the nuances of these accidents becomes invaluable, guiding you and your family through an extremely challenging time.
Legal Responsibilities & Liabilities in Louisiana Drowning Accidents
In Baton Rouge, property owners bear a legal duty to ensure the safety of their swimming facilities. This includes maintaining proper fencing, clear signage, and functioning safety equipment. When property owners fail in these responsibilities, they can be held liable for accidents that occur.
This may include owners and managers of:
- Hotels and apartment complexes
- Water parks, public pools, and aquatic centers
- Properties containing natural bodies of water, like ponds or lakes
In addition to property owners, other liable parties can include manufacturers of pool equipment that fail to meet safety standards, builders who shirk required safety inspections, or public pools that neglect routine safety audits. Lifeguards and the companies who hire them may also be accountable if they fail to supervise swimmers or do not provide proper lifesaving measures in the event of an emergency.
Understanding the breadth of liability can be challenging, requiring seasoned knowledge of industry practices and legal precedents to successfully argue fault and ensure victims are justly compensated. Our Louisiana drowning lawyers are well-versed in local laws and regulations. We work diligently to identify liabilities and build compelling arguments that hold negligent parties accountable, striving to secure necessary compensation for victims and their families. Our firm thrives in these complex scenarios, bringing clarity and resolution to otherwise daunting situations.
Compensation for Drowning Lawsuits in Louisiana
Survivors of near-drowning incidents and families who lose loved ones in Louisiana drowning accidents can face enormous emotional and financial burdens. Under Louisiana law, it may be possible to pursue damages against negligent property owners, service providers, or other liable parties who failed to take reasonable steps to prevent drownings.
These damages can include:
- Medical Expenses & Ongoing Treatment: For near-drowning survivors, this may involve hospital bills, rehabilitative care, and other therapy costs required to manage long-term complications such as brain injuries.
- Lost Wages & Diminished Earning Capacity: If a victim’s ability to work is impacted—or if a family loses the financial support of a loved one—compensation may be available for lost income now and in the future.
- Pain & Suffering: Louisiana law allows victims and families to seek damages for the physical pain, mental anguish, and emotional trauma associated with near-drownings or fatal drownings.
- Funeral & Burial Expenses: In tragic cases where a drowning results in death, families may be eligible to recover financial compensation for their loved one's funeral and burial costs.
- Loss of Consortium: Surviving family members may also pursue compensation for the loss of love, companionship, and guidance that they would have otherwise received from the family member they lost.
Every case is unique, and the available compensation will depend on the circumstances of the accident and the extent of the injuries. Consulting a Louisiana drowning accident lawyer is essential for understanding the full scope of damages you may be entitled to recover.
Take Action with Arnold & Itkin
When faced with the aftermath of a drowning accident, time is critical. Gathering information, reaching out to potential witnesses, and filing necessary legal documentation all require swift and efficient action. At Arnold & Itkin, we are ready to mobilize, taking every step necessary to start your journey toward justice and recovery. We invite you to contact our firm for a free consultation. Our team is here to listen, understand your situation, and work tirelessly in pursuit of your best interests. Trust in our experience, dedication, and track record as we commit to finding you the answers you deserve.
Call us at (888) 493-1629 to begin the conversation and explore how our Baton Rouge drowning attorneys can support you.
