What should I do if the lifeguard was asleep and my child drowned?
If your child drowned while the lifeguard at the pool you were at was asleep or distracted, you should contact a reputable personal injury lawyer who knows how to successfully defend wrongful death victims and their surviving family members. The dedicated team at Cohen & Cohen knows how to do this and would like to hear your story. We are available to listen to your situation and to give you a free case evaluation. You can call us any time of the day or night, every day of the year. To find out it if you and your family may be entitled to compensation for your tragic loss, contact us today.
While a wrongful death claim can be for someone who was killed because of someone else’s malicious behavior, there are more wrongful death lawsuits based on someone else’s negligence or reckless behavior. Similarly, most wrongful death lawsuits that involve a drowned victim are not because of someone deliberately trying to harm someone else. Typically, this would be considered the basis of a criminal homicide and it would be challenged in criminal courts if there was a deliberate attempt to harm involved in the wrongful death. When a wrongful death case is brought to the courts because of someone’s careless or reckless behavior, it is usually dealt with by the civil courts.
The laws that govern wrongful death claims can be complicated and differ from state to state. Even though it may seem obvious to you and those who loved your little one, that someone made a horrible, careless mistake, it is not always as easy to prove as people think. If the lifeguard was asleep or paying attention to something besides the pool area and (for example) 20+ witnesses saw this, it would seem cut and dry to most people: the lifeguard’s behavior is why someone died. Unfortunately for many surviving family members of children who have drowned in a public pool, this is not the case. Many people find it helpful to have a lawyer on their side from the get go because a lawyer can explain the legal process in terms that are easier to understand; and to prepare you for what’s ahead and for how long it might take to get there. From a lawyer’s perspective, it is best to be notified of a case as soon as possible because he or she can start to gather evidence right away and can start building a strong case for their client when evidence and peoples memories are still fresh.
It does not matter whether the lifeguard who was not paying attention to their job is lifeguard certified or not. It does not matter if the lifeguard was male or female, young or old. If they were negligent or reckless in performing their duties, or did not perform their due diligence in their duties as the case may be, you may be able to hold them and/or their employer accountable for the wrongful death of your child.
To find out if you and your family may be entitled to compensation for your tragic loss, contact one of the compassionate lawyer’s at Cohen & Cohen