Drowning incidents change families forever and pose a serious threat to public health nationally. Accidental drowning is the leading cause of death for children between the ages of 1 and 4 and the second leading cause of death for children between the ages of 5 and 14. However, people of all ages can be at risk of drowning anytime they’re near water.
Centers for Disease Control and Prevention (CDC) analysis shows U.S. drowning deaths have increased compared with 2019, and the trend remained elevated through 2023 provisional counts. An estimated 4,500 fatal unintentional drownings occur every year, up from 4,000 in 2019, averaging 11 fatalities due to drowning each day.
Nonfatal drownings also occur frequently, with an estimated 8,000 per year or about 22 per day. Survivors of nonfatal drownings often face hypoxia-related brain injury, pulmonary complications or lifelong disability. Even when a person survives, the medical, financial and emotional burden can be severe.
Drowning incidents can have life-changing consequences for victims and their families. Nonfatal drowning survivors face a high risk of serious, long-term health problems, while fatal drownings can have devastating emotional and financial consequences for surviving loved ones.
If you’ve lost a loved one to a preventable drowning incident due to someone’s negligence, a Florin|Roebig drowning accident lawyer can assess the details of your case and determine if you qualify to sue for wrongful death compensation.
How Does Drowning Occur?
Drowning is a process of suffocation that occurs when a liquid covers a person’s mouth and nose, cutting off their oxygen supply. It often happens silently in seconds, without a splash or cries for help.
While drowning can occur very suddenly, people may not die immediately. They can also pass away from drowning injuries after the initial incident if complications of the drowning are left untreated. Symptoms that can arise after a drowning rescue may include anxiety, wheezing, vomiting and loss of consciousness.
In some cases, individuals may die of drowning-related complications hours after the initial incident, with common complications including hypothermia, acute respiratory distress syndrome, hypoxia, head and spinal cord injury, and aspiration of vomit.
Common sites of drowning deaths include:
- Home or public swimming pools
- Hot tubs
- Bathtubs
- Sinks (infant drowning)
- Ditches filled with water
- Ponds, rivers or oceans
- Water parks
- Areas flooded by rainwater
- Boating accidents
According to the CDC, the most common drowning sites differ by age group, including:
- Bathtubs: Infants under age 1 (75% of drownings)
- Home swimming pools: Children between 1 and 4
- Natural bodies of water: Children between 5 and 14 (over 40%)
- Swimming pools: Children between 5 and 14 (over 35%)
- Natural bodies of water: People aged 15 or older (almost 50%)
Areas within the U.S. where drowning incidents may be more prevalent include those with abundant water areas, such as Florida. This state has numerous beaches, swimming pools, water parks and other areas with water, which consistently gives Florida an exceptionally high drowning death rate among states.
Who Is Most at Risk for Drowning?
Drowning most commonly happens in people who have convenient access to water sources, such as swimming pools or natural waters like ponds and rivers. Risk rises with limited safety measures, such as inadequate fencing around a pool, inexperienced or understaffed lifeguards in public swimming areas or not using life jackets while boating.
Not being able to swim or being a weak swimmer can dramatically increase drowning risk for both children and adults. Children who aren’t closely supervised while around water also have an increased risk of drowning, with most deaths occurring in swimming pools, especially when young children gain unsupervised access.
According to the CDC, other groups at higher risk for drowning include males (80% of drowning victims), with multiple factors contributing, such as increased risk-taking behaviors and alcohol use. People with seizure disorders have a higher risk of fatal and nonfatal drowning, with the most common site being the bathtub. People with heart conditions also have a higher risk of drowning.
Among age groups, adults aged 65 or older have the second-highest incidence of drowning, following children in the 1 to 4 age group. By race and ethnicity, the CDC sees the highest rates of drowning among non-Hispanic American Indian or Alaska Native persons and the second-highest among non-Hispanic Black persons. It also noted that 40 million adults nationwide reported that they don’t know how to swim.
According to the CDC, risk factors for drowning include:
- Lack of swimming ability
- Young age
- Lack of supervision
- Lack of barriers or fencing around pools
- Failing to wear a life jacket
- Having a seizure disorder
- Swimming or boating under the influence of alcohol or drugs
Being able to swim or even being rescued from a drowning incident may not fully protect a person from drowning-related death. If someone has been rescued after a near-fatal drowning incident, it’s critical to seek medical attention right away to have them properly assessed by a medical professional for complications. Neglecting treatment after a near-fatal drowning may result in life-threatening consequences such as cardiac and respiratory arrest.
Tips for preventing fatal drowning injuries include:
- Learning basic water safety and swimming skills
- Supervising children closely when in or around water
- Enclosing pools with fences and self-closing/latching gates
- Using the buddy system when swimming
- Learning cardiopulmonary resuscitation (CPR)
- Wearing a life jacket when boating
- Avoiding alcohol and drugs during all water activities
- Checking the weather forecast before water activities
- Knowing the hidden hazards of natural waters (lakes, rivers, oceans)
- Avoiding swimming if prescriptions impair coordination, balance or judgment
- Taking extra precautions if you have a medical condition that increases drowning risk
Our Featured Case Results
Seeking Justice for Drowning Wrongful Death
Family members of loved ones who have died due to drowning or near-drowning complications may have the legal grounds to file a lawsuit for damages if the drowning occurred on another person’s property or due to their carelessness. Legal claims for drowning lawsuits include the following.
Negligence
Surviving loved ones of drowning victims may sue another party on the grounds of negligence if it’s determined that the defendant had a duty to act reasonably (duty of care), breached that duty and caused the drowning and your losses. Examples of negligence may include failing to have a lifeguard on duty at a public pool or other area where one was required, a lack of supervision at a daycare or grade school or ignoring known hazards.
These legal obligations owed to drowning victims may depend on where the drowning occurs, who owns the property and other contextual factors. Evidence may include maintenance logs, staffing records, surveillance and expert analysis.
Premises Liability
Owners and operators of pools, waterparks, gyms, hotels and multifamily residences must keep premises reasonably safe for lawful visitors. Premises liability laws dictate the legal obligations property owners and operators owe, which may not apply to trespassers unless the trespasser is a child.
Special rules can apply to children and “attractive nuisances” like residential pools, depending on the state. Areas of investigation can include barriers, signage, lifeguard staffing, drain cover compliance and whether hazards were fixed or ignored.
Boating and Watercraft Liability
Alcohol is a leading contributing factor in fatal boating crashes, and most boating deaths are drownings where victims weren’t wearing life jackets. Owner or operator negligence, lack of safety gear, untrained operators or rental company failures can create liability. Per the U.S. Coast Guard’s 2023 recreational boating statistics, 75% of deaths occurred on vessels operated by people who hadn’t received boating safety instruction.
Product and Equipment Liability
Defective gates, pool alarms, covers, drain systems or life jackets can contribute to a drowning. In those cases, your Florin|Roebig legal team preserves the product, retains engineers and pursues claims against manufacturers and distributors for product liability claims.
Wrongful Death
Wrongful death lawsuits apply specifically to drowning incidents that lead to fatal consequences. To file a wrongful death lawsuit for drowning, surviving family members of the victim must be able to prove that the:
- Drowning victim died.
- Victim died as a result of the defendant’s negligence or intent to harm.
- Family members are suffering consequences due to their loved one’s death (e.g., financial burden, pain and suffering).
Fatal vs. Nonfatal Drowning: How Claims Differ
A fatal drowning supports a wrongful death claim for eligible survivors. Damages can include funeral costs, loss of companionship, loss of support and other state-specific wrongful-death damages. A nonfatal drowning supports a personal injury claim for the survivor, covering emergency care, hospitalization, rehab, future medical needs, lost income and pain and suffering. The liable party and evidence can be similar, but the damages and claimants differ.
Who Can Be Held Liable for Preventable Drowning Deaths?
Liable, or legally responsible, parties for a drowning incident may depend on where the drowning occurs, as well as where you live in the United States. Some states may have specific laws regulating liability for deaths that occur on residential, commercial and government properties.
Drowning on Private Property
If your loved one drowned on private property, the owner of that property may be held liable for wrongful death and related damages. However, a property owner’s liability for fatal drowning may also be influenced by whether the drowning victim was trespassing and whether there were barriers, such as fencing, in place.
For example, in Florida, the Residential Swimming Pool Safety Act requires residential pools to have at least one safety feature, such as an enclosure or alarm. Failing to follow state requirements may be punishable by law.
Drowning in Public Pools
Public pools include those found at municipal facilities, schools, hotels, gyms or fitness centers and waterparks. Individuals who may be held liable for drowning deaths that occur on these properties are most often the owners or operators, but can also be the contractors responsible for staffing, maintenance and safety systems. Staff members, such as lifeguards, may also be held liable.
Suits involving government entities can have strict notice deadlines and special procedures, so quick legal action matters. Community pools operated by the city government or other municipality would be considered a government entity.
Boating/Watercraft Accident Drowning
According to the U.S. Coast Guard’s recreational boating statistics, 564 boating-related accidents resulted in fatalities in 2023, with drowning accounting for 75% of these deaths. Furthermore, 87% of drowning victims in boating accidents weren’t wearing life jackets.
Liable parties in these incidents may depend on the cause of the accident. For instance, if a person suffers fatal drowning injuries after falling overboard, the owner or operator of the watercraft may be held liable for the resulting death. Owners and operators of watercraft may also be held liable if the operator was under the influence of alcohol at the time of the accident, if they failed to have life jackets on board or if they hadn’t received appropriate safety training.
The U.S. Coast Guard report indicated that 75% of boating fatalities occurred on vessels operated by individuals who hadn’t received boating safety instruction. However, alcohol use also remained a leading contributing factor in fatal boating accidents, leading to 17% of all deaths. Drownings in boating and other watercraft accidents are more likely to occur in popular coastal states, such as Florida and Texas.
State Snapshots of Drownings in 2023
- Florida: The Florida Department of Health listed 465 unintentional drowning deaths. Per data from the CDC, Florida ranked second only to California for having the highest drowning rates among all ages, with 497 drownings listed, including water transport. However, it ranked first among all states for drowning deaths among children between 0 and 4 years, with 74 deaths. The Florida Beach Patrol Chiefs Association reported that the state has recorded the most unintentional drownings nationwide within this age group consistently since 2018. Florida ranked second after Texas for drowning deaths among all children through age 17, with 103.
- Minnesota: The Minnesota Department of Natural Resources reported 48 non-boating drownings of all ages, plus 9 boating fatalities. State tracking separates boating from non-boating to guide prevention. The CDC posted 61 total drownings in Minnesota, with fewer than nine drownings among children aged 0 to 4 and 13 among all children up to age 17.
- Texas: Texas Parks & Wildlife reported boating incidents with 28 fatalities and noted that drowning accounted for more than 57% of deaths on the water, with 75% of the victims not wearing life jackets. Statewide, overall drowning totals aren’t reported in one public year-end figure, just boating incidents. The CDC recorded 384 drowning deaths in the state, not including water transport and an additional 14 with water transport, ranking it third in the nation. Texas ranked second-highest among children between 0 and 4 years old, with 66 deaths, and the highest among all states for 108 drowning deaths among all children through age 17.
- Colorado: Colorado Parks & Wildlife tracked 32 water-related recreation deaths on the water, with most fatalities occurring on rafts and kayaks on the Arkansas and Colorado rivers following increased snow runoff flowing into the rivers. The CDC listed 65 non-water transport drownings in Colorado, with 81 total drownings, including water transport. Drownings among children aged four and younger totaled fewer than 9, with 11 drowning deaths among all children through age 17.
Who Can File a Wrongful Death Lawsuit?
Eligibility varies by state, but many states require the estate’s personal representative to file for the benefit of survivors such as a spouse, children or parents. Some states allow other dependents or next of kin. Because rules differ, Florin|Roebig starts by confirming the correct filer, deadlines and recoverable damages where the drowning occurred.
Benefits of Hiring Wrongful Death Lawyers
If you’re a family member of a loved one who died due to a drowning or drowning-related complications, it’s highly recommended that you hire an experienced wrongful death lawyer to represent you. The process of filing a lawsuit for wrongful death can be time-consuming, emotionally exhausting and complex. Having legal representation to explain and defend your rights to legal damages can offer significant advantages and lessen your financial burden as you navigate the process with a knowledgeable professional.
At Florin|Roebig, our award-winning team of wrongful death lawyers can:
- Provide legal services driven by integrity and compassion for grieving loved ones.
- Offer a free initial case evaluation to discuss your case.
- Investigate the drowning incident to determine the party responsible.
- Use our legal resources and connections to collect evidence to support your case.
- Determine an estimated settlement value.
- Fight for the best possible settlement to compensate for your losses.
Our committed team of lawyers serves clients from our offices in Florida, Minnesota, Texas and Colorado. With four decades of combined experience in handling personal injury and wrongful death cases, you can rest assured that by choosing our law firm, your case is in good hands.
Our winning team of Florin|Roebig drowning accident lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Neil P. O’Brien, M.B.A.
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- Hal S. Weitzenfeld
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Find Help Filing a Wrongful Death Lawsuit for Drowning Today
Losing a loved one to a drowning tragedy can be a life-changing experience. If you’ve lost a child, parent, sibling or partner in a drowning incident due to another party’s negligence, our lawyers can determine your eligibility to file a wrongful death lawsuit for compensation.
Don’t wait to learn what we may be able to do for you. We’re ready to help you by explaining your options, protecting evidence and pursuing the compensation you deserve. Contact Florin|Roebig today to schedule a free case evaluation with one of our top-rated wrongful death lawyers.
