A drowning accident can unfold in seconds, often silently and unexpectedly. Whether it happens to a child in a backyard pool or a strong swimmer in cold water, the consequences can be devastating. Knowing what to do immediately after a drowning incident can mean the difference between temporary trauma and permanent brain damage or even death.
This guide walks you through the immediate steps, legal protections, and critical actions you can take to hold negligent parties accountable. If you’re a parent, guardian, or bystander, being informed helps you respond with clarity and purpose during a crisis.
Take Immediate Action and Secure the Scene
When a drowning accident occurs, your first step should be to call your local emergency number. While waiting for help, assess the victim. If they’re not breathing and someone nearby is trained in CPR, have them begin care immediately.
If a drowning victim regains consciousness, keep them warm and monitor for difficulty breathing or confusion, common signs of near-drowning, such as difficulty breathing or confusion, which may not appear until hours later. While some refer to delayed symptoms as “dry drowning,” medical experts generally classify them under post-immersion complications. Always remove wet clothes to help regulate body temperature, especially in situations involving cold water.
Once help arrives, take note of the surroundings. Was this a designated swimming area? Were life jackets available? Were warning signs posted? These observations may later prove essential in determining legal responsibility.
Preserve Evidence That May Establish Liability
After emergency responders stabilize the scene, shift your focus to documenting conditions that may reveal negligence.
Key steps to take:
- Photograph the area, including fences, signage, and any objects that may have contributed to the accident.
- Check whether first aid supplies or any visible emergency preparation measures—like safety signage or flotation devices—were present and in usable condition.
- Note the response time of emergency services, and whether anyone on-site had CPR training or provided care before professionals arrived.
These details matter. For instance, if a young child drowned in an unsecured pool with no supervision, it could point toward the property owner’s failure to ensure safety, especially if the accident occurred in a commercial or residential facility with known risks.
Understand Legal Liability in Drowning Cases
Drowning is a leading cause of unintentional injury-related death, particularly among children. Legally, not all drowning accidents are unavoidable tragedies. Many drowning accidents involve breaches of duty, such as inadequate supervision or poor facility maintenance. These breaches may form the basis of a legal claim if the injured party can prove that negligence directly contributed to the incident.
A person or entity may be held liable if they:
- Failed to provide proper supervision.
- Ignored safety standards, like installing fences or providing life-saving equipment.
- Did not maintain the pool area or allow unsafe behavior.
In legal terms, liability refers to a party’s failure to take reasonable steps to ensure safety, resulting in harm. However, establishing liability often requires proving that the responsible party had a duty of care, breached that duty, and directly caused the injury.
Seek Medical Attention and Document Everything
Even if the person appears to recover after the drowning incident, you must seek immediate medical care. Complications can occur later, including dry drowning or a sudden drop in oxygen level, which can lead to cardiac arrest or brain damage.
Request detailed documentation, including:
- Emergency room summaries.
- Doctor assessments and treatment notes.
- Any findings from cardiopulmonary resuscitation (CPR) efforts, such as restored oxygen flow or heart function.
This medical evidence supports your legal claim by showing the full extent of the injuries and whether the victim may face ongoing health challenges.
File a Legal Claim for Injury or Wrongful Death
If the drowning accident resulted in serious harm or death, you may be entitled to file a personal injury or wrongful death lawsuit.
For your claim, gather:
- Eyewitness statements, especially from anyone who performed rescue breaths or assisted with CPR.
- Collect any surveillance footage of the accident—whether from a public area, commercial facility, or private property—as it can serve as crucial evidence in establishing what happened.
- Facility inspection reports and maintenance logs that show whether safety protocols were followed.
In fatal cases, families can pursue wrongful death damages to cover funeral expenses, emotional pain, and lost income. Even in non-fatal cases, a drowning victim may require long-term care for injuries caused by oxygen deprivation, such as neurological impairment or physical disabilities.
Know the Laws That Protect Drowning Victims
Laws vary by state, but many include clear standards around drowning prevention and premises liability.
For example:
California:
California’s Swimming Pool Safety Act requires owners of private single-family homes to install at least two approved drowning prevention features, like fencing, alarms, or safety covers, when building or remodeling a pool or spa. If a drowning occurs and these measures are missing, the homeowner may be held negligent, strengthening a potential legal claim.
Nevada:
Nevada Public Pool Safety and Supervision (NAC § 444.262) requires public pools to operate under the supervision of a qualified professional responsible for safety and water quality. While violations of this code may not automatically result in civil liability, evidence of noncompliance can strengthen a negligence claim when poor supervision or maintenance contributes to an injury.
Prepare for Long-Term Impact and Protect Your Rights
A drowning-related injury doesn’t always end with medical discharge. Some victims, especially children, suffer long-term consequences like brain damage, reduced mobility, or emotional trauma. In severe cases involving cardiac arrest, survivors may require lifelong support.
Keep these steps in mind:
- Continue all recommended treatments and therapies.
- Save receipts and invoices for medical and rehabilitation costs.
- Be cautious of early settlement offers from insurance companies.
- Avoid signing anything without reviewing it with a legal professional.
The legal process may take time, but thorough documentation and working with an experienced drowning accident attorney can improve your ability to pursue fair compensation and understand the complex legal process effectively.
FAQ: What to Do Immediately After a Drowning Accident (Survival-Based)
What should I do immediately after a drowning incident?
Act quickly. Call your local emergency number and begin life-saving care. If the drowning person is unconscious and not breathing, start CPR immediately. Remove wet clothes to prevent hypothermia, especially in cold water. Always seek medical attention—even if the person seems alert.
How do I perform drowning CPR on someone who has stopped breathing?
Lay the person flat on their back on a firm, flat surface. Tilt the head back, pinch the nose shut, and give five rescue breaths into the person’s mouth, ensuring the chest rises each time. Then perform 30 chest compressions with your arms straight, pushing down at the nipple line with two fingers for infants or both hands for older children and adults. Alternate compressions and rescue breaths until help arrives or the person starts breathing.
What is the difference between rescue breathing and CPR?
Rescue breathing focuses on giving breaths to someone with a pulse but no breathing, while CPR combines chest compressions and breaths for someone in cardiac arrest. In drowning cpr, both are often necessary to restore oxygen flow and blood flow to the brain.
Can a person recover after a near-drowning?
Yes, especially with fast emergency cardiovascular care and proper medical attention. However, some may face complications like dry drowning, brain damage, or even enter a permanent vegetative state if oxygen levels remain low for a short period.
How do I recognize signs of a near-drowning victim?
Watch for difficulty breathing, confusion, coughing, or fatigue, even hours later. A drowning victim may seem fine initially, but symptoms can worsen. Always consult a medical professional to evaluate for post-immersion complications.
How do I perform chest compressions on a child or infant?
Use two fingers for infants or one hand for small children. Place them on the nipple line, keep your arms straight, and push hard and fast at about 100–120 compressions per minute. This basic life saving technique can help sustain blood flow until emergency services arrive.
Should I use hands-only CPR for drowning accidents?
No. For drowning accidents, the American Heart Association and American Red Cross recommend full CPR with breaths. A drowning person often lacks oxygen, so performing CPR with breaths is essential.
How can I prepare to help in future drowning incidents?
Get CPR training, learn how to perform rescue breaths and start CPR, and understand first aid basics. These life-saving skills empower you to act fast during a drowning incident.
How do I prevent drowning accidents?
Practice strong drowning prevention measures: always supervise children, secure pools with fences, ensure life jackets are available in any designated swimming area, and provide emergency preparation tools like flotation devices and posted safety signs.
Are drowning accidents really that common?
Yes. Drowning is a leading cause of unintentional injury related death, especially in young children and even among good swimmers. Awareness, education, and quick action save lives.
Drowning Accidents Deserve Accountability
While every drowning accident is tragic, many are preventable. When property owners or supervisors fail to implement required safety measures or delay emergency care, the law allows victims and families to seek justice through proper legal channels.
If you or your loved one suffered due to someone else’s failure to act responsibly, Bourassa Law Group is here to help. We understand the emotional and legal weight of these tragedies, and we’re committed to helping families hold negligent parties accountable.
Contact us today for a free consultation. We’re here to protect your legal rights and support your family in seeking accountability and answers.
1-800-870-8910