Tort Liability for Drowning: Wrongful Death, Personal Injury, Defenses

According to the CDC, more than 3,000 people die each year in non-boat-related drownings, and thousands more are injured. Drowning victim's next-of-kin will look to those with control over the location of the incident for relief. Counsel both bringing and defending those claims must understand the intricacies involved.

A drowning case, to some extent, finds its roots in premises liability so counsel must be familiar with the plaintiff classes of invitee, licensee, and trespasser. However, when a swimming pool or other body of water that also includes slides, diving boards, tire swings, and the like--and is unfenced--the concept of attractive nuisance comes into play.

There are many defenses to these claims, including the implied or written assumption of the risk of dangerous activity. In the case of public places, sovereign immunity is a factor. Insurance coverage is of paramount importance, and owners and operators of pools and other potential drowning sites should be proactive about complying with conditions of coverage if any.

Listen as the panel of plaintiffs' and defendants' trial attorneys provides insight and guidance on these all too common and tragic cases. The panel will identify the controlling legal principals and direction as to how to use them in the demand stage, during pleading, and at trial.

1. Commonly litigated cases
   1. Pools
   2. Boats
   3. Ponds
   4. Floods
2. Bases of liability
   1. Premises liability
   2. Negligence
   3. Attractive nuisance
3. Defenses
   1. Status of the plaintiff (i.e., invitee, licensee, trespasser)
   2. Contributory/comparative negligence
   3. Assumption of risk
   4. Waiver/exculpation
   5. Sovereign immunity
4. Insurance coverage

The panel will review these and other relevant matters:

• Common scenarios giving rise to claims
• Bases of causes of action and defenses
• Insurance coverage issues