A Lawyer's Guide to Drowning Claims in North Carolina
North Carolina Wrongful Death Lawyer Explains Drowning Claims and Laws
Drowning accidents are a devastating reality that too many families must face every year in North Carolina and across the country. Pool and swimming accidents are already incredibly traumatic events, but when an incident results in a death by drowning, the victim’s loved ones may be able to pursue justice through a wrongful death claim.
In North Carolina, wrongful death by drowning legal cases can be complex and emotionally taxing to navigate. In this article, we guide you through the basics of drowning accident wrongful death claims to ensure you have the knowledge you need if the worst happens.
What Is a Wrongful Death Claim in North Carolina?
In North Carolina, wrongful death is defined as when someone dies and another party can be considered liable, whether intentionally or accidentally. In wrongful death claims, if the deceased person had survived, they could pursue a personal injury claim.
Wrongful death claims are civil actions and thus do not carry any criminal implications. Wrongful death cases are taken to civil court, while criminal cases are managed in criminal courts. Importantly, wrongful death claims may be filed regardless of whether or not there have been criminal charges filed.
In North Carolina, the statute of limitations for wrongful death claims is two years from the date of death.
Drowning Wrongful Death Accidents in North Carolina
Drowning accidents can happen in more places than just the local public pool. Here are a few common places and incidents that lead to wrongful death by drowning cases.
Private Pools
Backyard pools owned by homeowners may seem like a delightful place to cool off, and often are, but they also pose a high risk for drowning accidents. These private pools are owned and operated by the homeowners, sometimes with vendor support, who may not have the right expertise needed to keep the pool safe. These pools can also pose an attractive nuisance risk.
Additionally, drowning can occur in semi-private pools like those at apartment complexes and HOA communities. In those cases, the liable parties involved may be more complex to navigate.
Childcare Facilities
Some childcare facilities and providers may offer water activities as outings. Additionally, if those providers give young children baths, they may put them at risk for accidental drowning during that process.
Bodies of Water
Ponds, lakes, oceans, rivers, and other waterways exist on both public and private land but are rarely properly monitored with lifeguards. These bodies of water can also consist of murky water that is harder to navigate than clear pool water, making it more challenging to see if someone is in distress or drowning.
Bodies of water on private property pose a similar attractive nuisance threat to private pools.
Boating Accidents
Boating accidents can be caused by a range of factors including speed, operator error, intoxication, faulty equipment, and passenger behavior. When a boating accident occurs, drowning is a potential risk for the victims involved, particularly if they are not wearing the appropriate safety gear and life vests.
Liability Basics in Drowning Accident Cases in North Caroilna
When a drowning accident occurs, there are a few key elements that will formulate the basis of a wrongful death claim. Those elements include:
Duty of Care: Responsible parties must take reasonable steps to prevent accidents and deaths.
Breach of Care: The responsible parties did not fulfill their duty of care.
Causation: There is a direct link between the wrongful death and the breach of duty by the responsible parties.
Foreseeability: The responsible parties had to take steps to prevent any foreseeable incidents.
An experienced wrongful death attorney can help the families of drowning victims navigate the complexities of liability for drowning accidents, including the above legal terms. Without a wrongful death lawyer at your side, assigning these terms appropriately can be not only challenging but also detrimental to your case.
Negligence
Another key legal aspect of drowning accidents is negligence. In North Carolina, negligence laws abide by the doctrine of contributory negligence, which prevents plaintiffs from being compensated if they are deemed to be at-fault in any way at all.
It can be challenging to navigate these strict contributory negligence guidelines and how it applies to individual personal injury cases and wrongful death incidents. Negligence must be proved on the part of the responsible party, and that negligence must have directly contributed to the wrongful death.
Premises Liability
When dealing with a wrongful death by drowning, the property or premises where the drowning accident occurred must be considered. This brings in the doctrine of premises liability, which is the legal responsibility that a property owner and manager has to keep their property in a reasonably safe condition for guests on the property.
When it comes to a wrongful death by drowning case, premises liability is a key factor in determining who the at-fault parties are and what their responsible duty of care was. Both public pools and private pools must adhere to the relevant standards to ensure a safe environment for swimmers and guests.
Premises liability in North Carolina can apply to a plethora of civil cases for personal injury and wrongful death, including drowning and pool accidents but also slip and fall accidents, elevator accidents, cleaning accidents, and more.
Attractive Nuisance
Private pool owners may wonder if they will be caught out by uninvited guests trespassing onto their property to access their pool without invitation and, in the worst case scenario, getting into an accident that results in personal injury or wrongful death. This brings in the concept of an attractive nuisance.
An attractive nuisance is defined as a hazardous condition or element on a property that may draw in uninvited visitors, particularly children or teenagers. Examples of attractive nuisances are a body of water, a trampoline, construction equipment, or a playground.
When an attractive nuisance is on private property, the homeowner must take reasonable measures to eliminate hazards and keep the property safe. In North Carolina, homeowners with an attractive nuisance such as a pool or pond must assume that children may attempt to enter the property and take every step to keep them safe.
Liable Parties in Drowning Accidents in North Carolina
When a wrongful death by drowning occurs, it may sometimes feel clear who is to blame, but there could be more than one liable party for the drowning accident. A wrongful death attorney can help you determine who the appropriate liable parties are to pursue based on the details of the incident.
Potential liable parties include:
Private Pool Owners: This includes not only individuals who own private pools at their homes but also semi-private pool owners like apartment communities, HOAs, waterparks, and childcare facilities. Additionally, homeowners and property owners with bodies of water on their land may be liable for drowning that occurs there.
Pool Operators: Facilities management and operations teams can be found liable for wrongful death by drowning incidents if they are negligent in their processes or otherwise responsible.
Equipment Manufacturers: If pool equipment or safety gear fails, the equipment manufacturer may be liable.
Government Entities: Many public pools are owned and operated by the local government. Additionally, if government organizations failed to complete mandatory inspections on pools, they can also be reviewed for liability.
Compensation and Damages for Drowning Accidents in North Carolina
When a wrongful death by drowning occurs, it can be unclear what the appropriate compensation or damages will be. Damages may include:
Medical Expenses
Funeral Expenses
Loss of Financial Support
Loss of Companionship
Pain and Suffering
Legal Costs
These damages may be gathered by an out-of-court settlement or determined by a trial. Out-of-court settlements are significantly more common resolutions to wrongful death cases, but a great wrongful death attorney will help you weigh the pros and cons based on your unique case.
What Wrongful Death Attorneys Do for Drowning Accidents in North Carolina
An experienced wrongful death attorney can help you immensely in the traumatic aftermath of the drowning of a loved one. A wrongful death law firm can manage the demanding legal process while you focus on healing and remembering your loved one.
After a death by drowning, the services of a wrongful death attorney may include:
Gathering Evidence: A wrongful death attorney will ensure all appropriate documentation is found and presented, including law enforcement reports, witness statements, and maintenance records.
Identifying Liability: Wrongful death attorneys help chart the course forward by establishing which parties are liable and should be pursued for damages.
Leading Proceedings: A wrongful death attorney will take your case to the appropriate civil court, file paperwork, and manage the legal process.
Communicating Effectively: An experienced wrongful death attorney will break down what’s happening and present your options as you move forward with compassion and clarity.
The team at Counsel Carolina is well-versed in the relevant civil procedures, laws, and processes when it comes to wrongful death by drowning. Tragically, we’ve seen our fair share of these types of civil lawsuits.
We prioritize our relationships with our clients to help this difficult process transpire in the smoothest way possible. We’ll handle working with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your loss.
Your North Carolina Law Firm for Drowning Death Claims
When the worst happens, it can be hard to know what to do next. At Counsel Carolina, we’ve walked alongside many families as they navigate the difficult aftermath of a wrongful death by drowning, supporting them in their pursuit of justice for their loved one.
If you’ve lost a loved one to drowning, or if you have questions about how we might be able to help you, please contact our team to schedule a free consultation.
Schedule a Free Consultation with Our Raleigh Drowning Accident Lawyers
Tragically, drowning accidents are increasingly common in North Carolina. If you have a loved one who’s been involved in a drowning accident in North Carolina, it is important to speak with an experienced personal injury attorney who can help you understand your legal options and pursue the compensation you deserve. Our Raleigh pool and drowning lawyers are ready to evaluate your claim for free.
