Wrongful Death Cases for Drowning Accidents in South Carolina

Our South Carolina Wrongful Death Lawyers Can Help You Find Closure and Justice After a Fatal Drowning Accident

When a loved one drowns, grieving family members can often wonder if they can pursue legal action against responsible parties. In South Carolina, the outcome of a wrongful death claim following a fatal drowning hinges on whether other parties bear legal responsibility for their negligence or intentional acts. Not all accidental drownings result in a viable lawsuit.

Consult with the South Carolina wrongful death lawyers at Pracht Injury Law to assess your drowning accident case more carefully. It is only by exploring the specifics with an experienced attorney that you can best decide how to proceed in the wake of such a tragedy.

When South Carolina Drowning Incidents Are Eligible for Wrongful Death Lawsuits

South Carolina Code of Laws Section 15-51-10 states that a wrongful death lawsuit may be viable if a fatal drowning incident was caused by the wrongful act, neglect, or default of another party. In these cases, the victim would have been entitled to file a personal injury claim against liable parties had they survived the incident.

A wrongful death case for a fatal drowning in South Carolina could be viable when the negligence or intentional actions of another party directly contributed to the incident. Scenarios may include inadequate safety measures, lack of lifeguard supervision, or defective pool equipment.

The executor or administrator of the drowning victim’s estate, typically named in their will, is responsible for filing the wrongful death lawsuit. Possible beneficiaries from a settlement may include the deceased’s spouse, children, or parents. Other heirs may be eligible if none of these living relatives exist.

Suing the Owner of a Private Swimming Pool

There are many circumstances when a family may be able to sue for the wrongful death of a loved one who drowned to death. These may include public pools, boating incidents, and swimming pools at hotels and resorts.

In some cases, the property owner may have legal liability for drownings in private pools in South Carolina. The family of the deceased may have grounds to sue the owner. Say a homeowner hosts a barbecue and invites guests over to use their backyard pool. However, the pool area lacks proper fencing, has no posted safety rules, and has no designated supervisor.

If a young child wanders into the pool area unnoticed and drowns, the family could hold the property owner liable for negligence. This case could fall under premises liability laws. Even if the child was not invited to the pool, the family could still file a claim based on South Carolina’s attractive nuisance doctrine. This is distinct from any possible criminal charges.

What You Need to Prove to Win a Drowning Death Case

Regardless of whether it was a private swimming pool incident or a South Carolina lake drowning, the outcome of the wrongful death claim is based on establishing four key elements:

The defendant owed the deceased a duty of care.
The defendant breached this duty of care through their actions or inactions.
The breach directly caused the deadly drowning.
The wrongful death resulted in quantifiable damages.

For example, a Charleston resort is expected to provide its guests with a safe environment. It could be liable for damages if it fails to keep up with proper pool maintenance and someone drowns because of this negligence.

Our South Carolina wrongful death attorneys will work with you to gather evidence, such as witness testimonies and relevant documentation, to build a strong case to meet these criteria. The strength of the evidence and the ability to clearly demonstrate these four elements are crucial to a successful outcome.

South Carolina Comparative Negligence Laws

Even in cases where the drowning victim may have been partly to blame for the accident, their family may still seek restitution with a civil claim. South Carolina observes the doctrine of comparative negligence. The final settlement amount is reduced by the percentage of fault assigned to the plaintiff.

Reasons to File a Claim After Fatal Drowning Accidents

No amount of money can ever fully compensate a family for their tragic loss, but it is still critically important to file a wrongful death claim after a deadly drowning incident.

Financial compensation. A successful claim can alleviate the financial burden of medical bills, funeral costs, and loss of future income during an already difficult time.
Seeking justice. Families can hold negligent parties responsible for their negligence or intentional actions that led to the drowning. This process can provide a sense of closure.
Preventing future incidents. A successful claim can highlight safety failures or negligent practices. This helps to ensure that South Carolina hotels and other pool owners enact appropriate changes to prevent similar tragedies from happening.
Discovering the truth. The investigative process of a claim can reveal details about the incident that may not have otherwise come to light. This can provide answers and clarity for the grieving family.

Find a Path Forward With Our Experienced Wrongful Death Lawyers

Dealing with the untimely demise of a beloved family member is never easy. The process can be filled with anger, confusion, and a sense of betrayal. To explore your legal options and decide on what to do next, it’s valuable to consult with an experienced legal professional.

The outcome of wrongful death cases can be significant. Pracht Injury Lawyers represented the family of a man who drowned at a Myrtle Beach resort. The jury determined they were reckless and negligent in operating their business, awarding our client over $20 million in damages, including $7 million in punitive damages. It is believed to be the largest personal injury verdict in the history of Horry County.

Can a drowning incident result in a wrongful death claim?