Raleigh Stormwater and Retention Pond Accident Lawyers
If you were injured in a retention, detention, or stormwater pond, you have the right under North Carolina law to receive compensation for your injuries from the property owner and manager. Our experienced Raleigh stormwater and retention pond accident lawyers can help.
Our compassionate team helps clients with medical care, medical bills, lost wages, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Pond Accident Lawyers Serving North Carolina
What is a Retention, Detention, or Stormwater Pond in North Carolina?
Homeowners associations are set-up for developments or neighborhoods with the oversight of the local municipality, county, and state. The idea behind an HOA is to create an almost self-sufficient neighborhood to lower the burden on the municipality, while also creating other benefits for lot owners that are not shared by the public at large. The most common way that HOAs help to ease the burden on municipalities is by engaging in their own stormwater management, as opposed to dumping water back into municipal sewers.
The most common way that an HOA can do this is by establishing a retention pond. Also known as a retention, detention or stormwater pond, this type of pond is meant to collect water during rain or storms from street drains, swales, or other drainage easements in the neighborhood. The water is collected into a retention pond that has several features, including a shallow slope before having a deep middle for water storage. In the event of a significant waterfall, there is usually a drain to a municipal sewer and, if truly significant, an overflow outlet.
Each part of the retention pond could be dangerous, from the actual pond, to the drain, and for the overflow area. Although many retention ponds contain catchments or vegetation to make them less appealing for individuals or children to go into them to swim, that is not foolproof. It is also not permanent as vegetation could die off and allow for an access point.
Common Injuries Caused by Pond Accidents in Raleigh, NC
Pond accidents can cause minor and serious injuries bodily injuries to everyone involved. Some of the most common types of injuries our pond injury attorneys in Raleigh see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries, including concussions and traumatic brain injuries (TBI)
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Hearing loss
Drownings
Anxiety and psychological injuries
Damages Our Raleigh Retention Pond Accident Lawyers Can Help You Recover
The personal injuries you suffered in your pond accident may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh retention pond injury lawyers are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Retention and Stormwater Pond Accident Claims
If any person, particularly a child, drowns in a retention pond, it could result in liability for the owner or maintainer of the pond. Typically, that includes a homeowners association, but also the municipality that manages it. In addition, the party that constructed the pond, such as the builder, could also be liable if there were plans requiring a fence which were not done.
State authorities and local municipalities often have coding requirements for retention or stormwater ponds that relate to warning signs, fencing, or bank slope. However, because of erosion and lack of erosion controls, retention ponds frequently degrade and become dangerous over time. At any given time, most retention ponds in North Carolina fail to meet these safety codes.
Unfortunately, there is little reliable or correct information about retention and stormwater pond accident claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh retention and stormwater pond accident lawyers believe you should know:
1. What Should I Do If I’m Involved in a Retention or Stormwater Pond Accident in Raleigh, NC?
The initial moments and days after your pond accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
Take photos of your injuries
Take photos of the area where you were injured
Visit a doctor if you haven’t already
Follow the doctor’s recommendations and attend all follow-up appointments
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Retention or Stormwater Pond Accident Claim in Raleigh, NC?
A retention or stormwater pond accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Retention or Stormwater Pond Accident Claim Go to Trial in Raleigh, NC?
95% of retention or stormwater pond accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of retention or stormwater pond accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of retention or stormwater pond accident lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh retention or stormwater pond injury attorney can help prepare you for what to expect.
4. How Much Will My Retention or Stormwater Pond Accident Claim Settle for in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced retention or stormwater pond accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and bicycle accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
5. What If I’m Partially At-Fault for Causing My Retention or Stormwater Pond Accident in Raleigh, NC?
Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
Unlike other types of motor vehicle accidents, retention or stormwater pond accident cases are often hotly contested because most defendants will blame the injured victim. Not only is that not fair, but we also know that it is also not true.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh retention or stormwater pond accident lawyer understands that defense and how to work around it.
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6. How Long Does a Stormwater or Retention Pond Accident Claim Take to Reach a Settlement in Raleigh, NC?
A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Pond accident cases in particular extensive investigation and engineering analysis to determine the cause (code violations, lack of barrier, improper bank slope, etc) that lead to the accident.
In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.
7. How Long Do I Have to File a Stormwater or Retention Pond Accident Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most stormwater and retention pond accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a stormwater and retention pond accident claim, so it is in your best interest to get a Raleigh stormwater and retention pond accident attorney involved as early as possible after your accident.
8. What Is the Process for a North Carolina Stormwater or Retention Pond Claim?
Stormwater and retention pond accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a pond accident. That includes state and local regulations for barriers and bank slope surrounding retention ponds.
Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced stormwater and retention pond accident lawyer in Raleigh can help, guide, and prepare you through this process.
In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.
9. How Much Does a Stormwater or Retention Pond Accident Lawyer in Raleigh, NC Charge?
Many Raleigh stormwater and retention pond accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
10. What Does a Raleigh Stormwater or Retention Pond Accident Lawyer Do to Help?
Hiring an experienced Raleigh stormwater and retention pond accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina stormwater and retention pond accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
11. What Happens After I File a Retention and Stormwater Pond Accident Claim in Raleigh, NC?
In a North Carolina retention or stormwater pond accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina retention and stormwater pond accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
12. What Is the Statute of Limitations in North Carolina for Retention or Stormwater Pond Accident Claims?
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most retention and stormwater pond accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death.
13. What is the Average Settlement for a Retention or Stormwater Pond Accident Claim in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced retention and stormwater pond accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy. Most pond accident claims result in catastrophic injuries and potentially the loss of life. Wrongful death claims are evaluated under an entirely different metric than regular personal injury claims.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
14. What Should I Do If I Suspect or Find a Dangerous Stormwater or Retention Pond in North Carolina?
Tragedy unfolds in North Carolina year after year with reports of small children drowning in retention and stormwater ponds. Although HOA retention ponds can help neighborhoods and municipalities manage stormwater, they create dangerous risks of catastrophic personal injury or wrongful death. With so much new home construction, new retention ponds are being constructed everyday.
If you find or suspect a dangerous retention and stormwater pond, the most important action you can take is to make sure you and your children are a safe distance from the water’s edge. The bank and edge of the pond are typically the most most dangerous areas because you may slip, fall, or sink into the marsh and be unable to free yourself. Once you are safe, you should contact that homeowner’s association or the property manager of the building or apartment complex. If possible, providing the HOA or owner with a notice in writing is more likely spur changes than a phone call.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
16. What Is Fair Compensation for Pain and Suffering for a Stormwater or Retention Pond Accident in Raleigh, NC?
There is no magic formula for determining what amount of pain and suffering is fair in your injury on property case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.
However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh retention or stormwater pond accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.
17. Why Are Retention and Stormwater Pond Accidents So Common in Raleigh, NC?
The steep bank slope makes it easy for children to fall into the water and difficult to climb out
Fountains and water features in the ponds attract children and make the ponds seem safe
The ponds are filled with erosion and rain runoff, so children’s feet can get stuck in silt/sludge around the edges
The ponds rarely any fencing or physical barrier surrounding them
18. How Can I Be At-Fault for My Stormwater or Retention Pond Accident in Raleigh, NC?
There are several defenses that property owners or property tenants may raise in a pond accident case in North Carolina. Having these defenses available to them can make a pond accident claim difficult to win, which is why we recommend hiring an experienced stormwater and retention pond accident lawyer to help.
CONTRIBUTORY NEGLIGENCE
One defense is contributory negligence, which means that the injured person's own actions contributed to the injury. If the injured person was partially at fault for the injury, they may be barred from recovering damages or their damages may be reduced by the percentage of fault attributed to them.
OPEN AND OBVIOUS
Another defense is that the danger was open and obvious, which means that the injured person knew or should have seen the dangerous condition on the property before being injured. For example, if someone is injured slipping on a large puddle on the floor, they may be barred from recovering damages if they knew or should have seen the puddle on the ground if they exercised reasonable care. For individuals who chose to play in or around retention ponds, these cases are particularly challenging because of this defense.
ACT OF GOD
Finally, property owners or occupiers may argue that the injury was caused by an act of God or a third party, which means that the injury was caused by a natural disaster or the actions of someone other than the property owner or occupier. In these cases, the property owner or occupier may not be liable for the injury
19. Can I File a Retention or Stormwater Pond Accident Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a pond accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced retention pond accident lawyer.
20. How Do I Find the Best Raleigh Retention Pond Accident Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Are Ponds an Attractive Nuisance in North Carolina?
The doctrine of an attractive nuisance creates property owner liability for trespassers if the property owner maintains an attractive nuisance. A body of water, especially a pond or retention pond, is almost always a unique danger that is an attractive nuisance. This includes swimming pools and jacuzzis, but also stormwater ponds that HOAs maintain. There are some important components to state a cause of action (or claim) for an attractive nuisance.
Young Age of Trespasser
First, the trespassers have to be minors, and particularly young children that are not expected to appreciate the risks and dangers of the nuisance. Thus, it is more likely that the doctrine will apply to a 5-year-old rather than a 16-year-old, especially for a retention pond.
Who Owns the Property
Second, the property owner must own the property and the attractive nuisance. For example, in Lampkin v Housing Management Resources, a four-year-old child who lived in an apartment complex suffered traumatic brain injuries when she went through a hole in the apartment complex’s fence and fell into an icy pond. Although the apartment complex owned the fence, the pond was on an adjacent property and not the apartment owner’s property; therefore, the apartment owner could not be found liable.
Property Owner Failed to Act Reasonably
Third, the property owner must have failed to act with reasonable care under the circumstances. This means that a property owner must take certain steps to prevent a foreseeable harm from occurring. For example, if the HOA knows that children have gone near or in a retention pond but only put up “no swimming” signs, that might not be reasonable if a child under the age of 2 (who can’t read) drowns. Whereas if the HOA put up a fence, splash alarms, a camera, and a locked gate, that would be very reasonable. However, HOAs rarely take actions to protect against injuries in ponds.
Raleigh Drowning and Retention Pond Accident Statistics
According to statistics from the CDC, each year there are roughly 4,000 fatal drownings and 8,000 non-fatal drownings. In fact, drowning is the leading cause of death for children ages 1-4, the second leading cause of death for children ages 5-14, and the third leading cause of unintentional injury deaths worldwide. Although the North Carolina Department of Insurance notes that most drownings of children under the age of 5 occur in pools, children older than that are more likely to drown in natural waters such as ponds – like a homeowners association (“HOA”) retention or detention pond. This is a reality that occurs all too often, including a two-year-old drowning this year in a retention pond, a 9-year-old last year, and a family of three who drowned in a retention pond several years ago.
Raleigh Pond Accident Cases We Handle
We can help with any pond injury claim, but the accidents listed below are the most common pond injury claims we handle in North Carolina:
Stormwater pond
Retention pond
HOA pond
Mirror ponds
Decorative pond
Biological pond
Wet detention basins
Storm water management pond (SWMP)
Retention basin
Balancing pond
Detention pond
Stormwater runoff
Industrial pont
Raleigh Pond Accident Lawyer Cost
For transparent, upfront pricing on what our injury lawyers in Raleigh, NC charge to help you with your retention pond accident case, please click below.
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