About Accidental Drownings In Beach and Swimming Pool Claims

Accidental Drowning • Wrongful Death Trial Lawyers

Every year, across the nation, hundreds of children drown in public, residential, or summer-camp swimming pools and hot tubs, and thousands more are seriously injured in swimming, diving, and boating accidents. In addition to pool accidents, during the crowded summer months, many drownings occur on Massachusetts’ numerous beaches, often because of improper supervision by lifeguards or no supervision at all.

As in the case of many swimming pool drownings in Massachusetts accidents and drowning at public beaches are usually considered to be the fault of the victim. In many cases, inebriated or intoxicated teenagers or adults sneak onto the beach for a late-night swim, without any supervision by lifeguards, with tragic consequences. Since it’s unreasonable to expect the state of Massachusetts to patrol every mile of shoreline, the responsibility for these accidents lies solely with the individuals involved.

That may not be the case, however, if you are injured or a loved one drowns while you’re out at a lifeguard-patrolled beach on a sunny weekend afternoon. It’s the responsibility of authorities, via the lifeguards on duty, to warn swimmers whenever there are dangerous conditions like “rip tides,” undertows or even (as rare as they are) shark sightings. Read more…

Holding Homeowners And Pool Owners Responsible For Accidental Drownings

Property owners, pool owners, operators, maintenance companies, and lifeguards all have certain responsibilities when it comes to the safety of swimmers and divers. Unfortunately, not all private owners abide by the strict building codes about fences, gates, filtration, and pool safety features which can result in tragic accidental drownings. For example, pool owners are required to have minimum barricades around their pools so that children cannot wander in and accidentally fall into a pool unsupervised.

Companies responsible for the maintenance and operation of public pools must also adhere to certain standards of care for those who use swimming pools, saunas, hot tubs, and diving boards.

The Massachusetts Board of Building Regulations and Standards has published a statement clarifying that “swimming pools” are not limited to in-ground, concrete structures, but include any swimming structure that is more than two feet deep and was created or serves the purpose for swimming or recreational bathing (bold italic added for emphasis):

“Note that if the privately-owned pool has a water design depth greater than 24 inches (regardless of the pool’s surface area and regardless of whether the pool has a water circulation system), then the pool is classified as a private pool for Building Code purposes and barrier/fencing requirements, latching and alarm requirements and numerous other requirements of Section 421 are applicable even if the private swimming pool, is an on-ground swimming pool.”

Common causes of swimming pool injuries and drownings include:

  • Lack of proper fencing: 780 CMR, Chapter 4, Section 421.10 of the Massachusetts Building Codes requires minimum of a 48” barrier to enclose the pool, local ordinances may have even stiffer fencing requirements.
  • Broken gates or latches or fences as well as other insufficient safety measures to keep children and teens out of a pool while unattended.
  • Dangerous chemicals in a pool that cause burns or other severe injuries.
  • Improper or faulty filtration systems that can lead to injuries from suction, electrocution, or cause other serious injuries.

Brockton Accidental Drowning Wrongful Death Lawyer • Aggressive Legal Representation • Free Consultation

Proving cases involving accidental drowning requires the skills of an experienced and aggressive trial lawyer. Our lawyers know building codes and all the legal requirements and responsibilities of swimming pool owners, which includes in-ground, above-ground, temporary or inflatable on-ground pools, as well as hot tubs, saunas, and Jacuzzis.

If you, or someone you love was seriously injured in a swimming or diving accident, or you lost a loved on in a fatal water related accident, we can help you get civil justice for your losses.  For a free, no-obligation consultation, contact our Brockton personal injury and wrongful death attorneys today. There is a statute of limitations for filing claims, so the sooner you call our law firm, the sooner we can help you.

We’ve been helping the residents of Southeast Massachusetts for more than 35 years.

Our Accidental Drowning Attorneys represent residents across Massachusetts including but not limited to Plymouth County, Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Westport, Dartmouth, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Hyannis, Falmouth, Barnstable and the Greater Boston area including Cambridge, Somerville, Medford, Everett, Lawrence, Lynn, Revere, Dorchester, Roxbury.