South Carolina Drowning Accident Lawyer Explains Proving Negligence and Liability in Personal Injury Claims
South Carolina's warm climate draws residents and visitors every year to its swimming pools, lakes, and beaches. While swimming offers great enjoyment and relief from the heat, it also presents the potential risk of drowning injuries and death. Though often preventable, drowning accidents are alarmingly frequent. Drowning survivors and their families must understand the role of negligence if they hope to take legal action against responsible parties.
How South Carolina Law Defines Negligence in Drowning Injury and Wrongful Death Claims
To establish negligence in a South Carolina drowning case, injured parties must show that liable parties failed to exercise reasonable care in preventing harm to others. This consists of proving four key elements.
- Duty of care. The responsible party had an obligation to ensure the safety of others.
- Breach of duty. The responsible party failed to fulfill their duty of care.
- Causation. This failure directly led to the drowning accident in question.
- Damages. The victim or their family suffered harm as a result of the drowning incident.
A private property owner who invites guests to use their backyard swimming pool has a duty to maintain a safe environment. The same applies to commercial properties where hotel and resort drownings may occur. They may be found negligent if a child wanders into a pool that has not been adequately secured and subsequently drowns.
Common Examples of Negligence in Drowning Accidents
Drowning accidents can occur in various settings, from public beaches to private pools. It's important to note that negligence can involve not just actions, but also inactions. Examples of negligence that may contribute to drowning injuries include:
- Lack of supervision, like failing to watch children and inexperienced swimmers
- Inadequate safety equipment, like failing to provide life jackets
- Poor maintenance, like neglecting to repair broken pool equipment
- Insufficient warnings, like failing to post warnings about dangerous rip currents
- Improper training, like lifeguards lacking knowledge of water safety and rescue techniques
Each of these scenarios represents a potential breach of duty that could lead to a drowning accident. For instance, a hotel that fails to maintain its pool area properly may be liable for damages if a guest drowns due to a malfunctioning drain cover.
How Your Lawyer Can Determine If Negligence Occurred
Determining negligence in a drowning case requires a thorough investigation and analysis of the circumstances surrounding the incident. Our skilled South Carolina personal injury lawyers will work diligently to uncover evidence of negligence.
- Gathering witness statements
- Reviewing surveillance footage
- Analyzing safety records
- Consulting experts
- Examining physical evidence
We might review lifeguard logs, inspect safety equipment, and consult aquatic safety experts to determine if management followed proper protocols.
The investigation process helps establish negligence and identifies all potentially liable parties. The case may involve third-party pool maintenance companies or the manufacturers of defective pool equipment. This comprehensive approach ensures victims and their families have the best chance at securing fair compensation.
Possible Compensation for Drowning Accident Victims
South Carolina law entitles victims of drowning accidents and their families to various forms of compensation. You have up to three years to file a claim. In personal injury cases, where the victim survives, potential compensation may include:
- Medical expenses, both current and ongoing
- Lost wages, including diminished future earnings
- Physical pain and suffering
- Emotional distress and trauma
Compensation in Wrongful Death Claims
In tragic cases where drowning results in death, families may pursue a wrongful death claim. They may seek compensation for:
- Funeral and burial expenses
- Lost financial support
- Loss of companionship
- Punitive damages in cases of gross negligence
Modified Comparative Negligence
South Carolina follows a modified comparative negligence rule. The percentage of fault the court assigns to a victim reduces the amount of compensation they may receive. If they are more than 50 percent to blame, they may be barred from recovering any compensation whatsoever.
Choose Pracht Injury Lawyers for Your Drowning Accident Case
In a drowning accident claim, the right legal representation on your side can make all the difference. Pracht Injury Lawyers offers the experience, dedication, and compassion needed to handle these sensitive cases effectively.
Our legal team represented the estate of Zerihun Wold against Lack’s Beach Service in 2022. The jury concluded the company’s negligence caused Mr. Wolde’s drowning death, awarding his family a verdict of over $20 million. This is believed to be the largest verdict in Horry County history.
At Pracht Injury Lawyers, we take a personalized approach to each case, recognizing that every incident is unique. Our lawyers will work closely with you to understand the specifics of your situation and develop a tailored legal strategy.