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Pursuing Justice for Drowning Accident Victims

Drowning accidents can lead to devastating injuries or wrongful death in many cases. In New York, the Law Offices of Michael S. Lamonsoff, PLLC, stand ready to advocate aggressively for those affected by drowning accidents. With a track record of achieving the highest possible financial compensation for the victims and their families, a drowning accident lawyer in New York City is committed to holding responsible parties accountable.

Caution tape on the side of a pool

Legal Considerations in New York Drowning Accidents 

In the unfortunate event of a drowning accident caused by someone else's negligence, the affected individual or their family may find legal recourse. New York City has established a framework of laws and regulations governing premises liability and negligence, playing a pivotal role in such situations. 

Timely legal action becomes necessary as it opens avenues for compensatory measures, encompassing medical expenses, rehabilitation costs, lost wages, and, in more tragic circumstances addressing wrongful death.

New York law mandates specific safety measures for residential swimming pools, creating a legal backdrop for assessing liability in drowning accidents. Notably, residential swimming pools erected, installed, or significantly modified after 2006 must adhere to regulations requiring an approved pool alarm. This alarm system serves the purpose of emitting a loud alert when a child enters the water. This requirement doesn’t extend to hot tubs or spas with safety covers or swimming pools featuring automatic power safety covers.

Moreover, an additional safety measure mandated by law involves the installation of a pool barrier or fence surrounding outdoor residential swimming pools. This barrier must stand at least four feet high, effectively encircling the pool and obstructing access. 

The significance of compliance with these legal provisions is underscored by its role as potent evidence in establishing the negligence and liability of the pool owner. Failure to conform to these regulations can substantially strengthen the case against the pool owner, particularly in instances involving injuries or accidents related to the pool.

Our Approach to Drowning Accident Claims in New York City

At the Law Offices of Michael S. Lamonsoff, PLLC, our NYC drowning accident attorneys will move fast to launch a thorough investigation into the incident. This involves gathering essential evidence related to the drowning, such as witness statements, reviewing surveillance footage, and photographing the accident scene. This investigative phase is vital for building a robust case.

We also recognize the importance of expert consultation in drowning accident claims. Engaging with water safety experts, medical professionals, and accident reconstruction specialists provides valuable insights. These experts contribute to a detailed analysis that helps establish liability and assess the extent of damages suffered by the victim.

Identifying negligence is an essential aspect of our approach. We diligently determine parties responsible for negligence, whether it be property owners, lifeguards, or equipment manufacturers. Proving negligence is essential in establishing liability and holding accountable those responsible for the accident.

We assess the full extent of damages, including medical expenses, rehabilitation costs, lost income, and emotional distress. Collaborating with financial and medical experts ensures a comprehensive evaluation of the damages suffered by the victim.

Negotiation and settlement form a significant part of our strategy. We engage in discussions with insurers and responsible parties to obtain a fair and just settlement for our clients. Our legal knowledge and negotiation skills are employed to obtain maximum compensation.

Determining Liability in Drowning Accidents in New York

You need a comprehensive understanding of premises liability, negligence, and specific regulations governing water-related activities to file a successful claim. If you or a loved one has experienced a drowning incident, obtaining legal counsel from an experienced drowning accident attorney in New York City will help you determine liability of the negligent parties and obtain the largest possible compensation you deserve.

Here are some of the entities that are generally held liable in drowning accidents in NYC:

  • Private Pool Owners
  • Public Pools and Water Parks
  • Beach Or Lake Management
  • Manufacturers Or Distributors of Defective Pool Products
  • Schools Or Camps

You can count on our lawyers to pursue damages for the following from the liable parties:

  • Current and future medical expenses 
  • Current and future loss of income 
  • Pain and suffering 
  • Loss of consortium 
  • Post-traumatic stress disorder (PTSD)
  • Punitive damages (in exceptional cases) 

Common Causes of Drowning Accidents in New York

Lack of Supervision

  • Swimming Pools: Inadequate supervision, especially for children, can lead to accidents.
  • Beaches and Lakes: Insufficient lifeguard presence or lack of supervision can lead to drownings.

Inadequate Barriers

  • Pool Fencing: Poorly maintained or absent fencing around pools can lead to unauthorized access.
  • Lake or Pond Barriers: Lack of proper barriers may allow individuals to enter hazardous areas.

Equipment Failures

  • Malfunctioning Drains: Poorly maintained or defective pool drains can create hazards.
  • Defective Safety Equipment: Faulty life jackets, buoys, or other safety gear can contribute to accidents.

Why Choose Us for Your Drowning Accident Claim in New York?

  • Proven Track Record: Join “The Bull's Millionaire's Club,” where we have recovered over half a billion dollars in verdicts and settlements for our clients. Our results speak for themselves, demonstrating our ability to achieve substantial compensation for drowning accident victims.
  • Compassionate Advocacy: We understand the devastating impact a drowning incident can have on victims and their families. Our compassionate approach ensures that you receive the support and legal guidance needed during these challenging times.
  • Legal Knowledge: Drowning accident cases require a deep understanding of both personal injury and premises liability laws. Our attorneys possess the knowledge necessary to handle the challenges of these cases and pursue the compensation you require.

We Will Do What it Takes to Maximize Your Compensation 

Attorney Michael S. Lamonsoff “The Bull” and his dedicated legal team approach drowning accident claims with a personalized and compassionate strategy aimed at obtaining the maximum compensation for victims.

Thorough Investigation
We start with a detailed investigation into the drowning incident. This includes gathering evidence, interviewing witnesses, and analyzing relevant documents. A detailed examination of the circumstances helps establish liability.

Engaging Experts
Our attorneys collaborate with experts in various fields, such as water safety, medicine, and accident reconstruction. Their insights contribute to a robust analysis of the incident, aiding in the determination of negligence and liability.

Identifying Negligent Parties
Determining the responsible parties is vital. Whether it involves property owners, lifeguards, or equipment manufacturers, we identify and hold accountable those whose negligence contributed to the drowning accident.

Calculating Damages
Accurately assessing the damages suffered by the victim is a key step. We work closely with financial and medical experts to evaluate medical expenses, rehabilitation costs, lost income, and emotional distress, ensuring a comprehensive calculation.

Negotiation and Settlement
Our lawyers engage in negotiations with insurers and liable parties to reach a fair and just settlement. We leverage our legal knowledge and negotiation skills to acquire maximum compensation for our clients without the need for a protracted legal battle.

Trial Readiness
While settlement is often a preferred outcome, we are fully prepared to go to trial if necessary. Our experienced trial attorneys are equipped to present a compelling case in court, advocating for our clients' rights and getting the compensation they want.

Client-Centered Approach
Throughout the process, we maintain a client-centered approach. We understand the emotional toll of drowning accidents and give priority to open communication with our clients. Our team ensures they are informed, and supported, and their concerns are addressed with empathy.

Proven Track Record
With a proven track record in personal injury law, including successful outcomes in drowning accident cases, our attorneys bring a wealth of experience to each case. This experience contributes to our ability to handle complex legal processes and achieve favorable results. For instance, we recently had $1,000,180 awarded to the family of a one-year-old infant who fell and drowned in a full bucket placed to catch water leaking from a ceiling.

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