The Law Firm of Leisawitz Heller

The loss of a loved one by drowning may be legally actionable

Even though the end of summer is fast approaching, there should still be opportunities for Pennsylvania residents to spend time at swimming pools and other outdoor swimming facilities. Even when it isn't summer, indoor pools beckon those looking for exercise and recreation. Although it's unpleasant to think about, sometimes tragedies happen at swimming facilities. Our readers need to know about the legal remedies that may be available to those who have experienced the loss of a loved one by drowning.

When a person dies in a drowning accident due to another party's negligence, the victim's family may have a cause of action against the negligent party for wrongful death. For example, if a drowning death at a swimming pool can be attributed to a lack of maintenance at the pool, the victim's family may be able to recover in a wrongful death action. The same thing applies if negligent behavior on the part of a lifeguard contributed to a person's death.

Swimming pool operators have a duty to keep their pools reasonably maintained. Lifeguards have a duty to take reasonable steps to prevent people from drowning. If these duties are breached, and harm results, the responsible parties may be liable in a court of law.

The government has regulations that govern the operation of public swimming pools. The drain covers that must be used, the warning signs that must be posted and other topics are often covered by these regulations. When these rules and regulations are broken, and the harm comes about that the regulation was intended to prevent, it may be strong evidence of negligence.

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