Chicago Drowning Accident Lawyer

Compensation for Drowning Injury Victims and Families in Fatal Incidents

Chicago’s many swimming pools, recreational waterways, and water parks can be extremely dangerous. If you or a loved one has been injured in a body of water, a Chicago drowning accident lawyer can ensure that negligent parties are held liable for your loss. Contact us today for a free consultation about a personal injury lawsuit.

Drowning Accident Settlements Recovered by Our Law Firm in Chicago

$3,000,000: Tyiesha, a toddler, died after a drowning accident in a neighborhood swimming pool operated by a Lincoln Park Homeowners Association (HOA). Our legal team demonstrated that the HOA had not placed adequate warning signs around the pool.

$1,000,000: Kimberly suffered major injuries after a pool accident in the Dunning neighborhood. Our Chicago swimming pool accident attorneys showed that the pool owner had not followed Chicago Municipal Code requirements when building the facility.

Why Choose Chicago Injury Center

Chicago Injury Center has an A+ rating with the Better Business Bureau and a perfect 10/10 AVVO rating. Our compassionate Chicago drowning accident lawyers have over 100 years of combined legal experience and have secured more than $450 million for our clients over the past 25 years.

Types of Drowning Accident Cases We Handle in Chicago

Our Chicago drowning accident attorneys handle a variety of cases, including:

• Swimming pool accidents, such as at Eckhart Park Pool
• Drowning accidents in Lake Michigan and Oak Street Beach
• Chicago River boating accidents
• Near-drowning accidents resulting in brain damage
• Non-fatal drownings at private swimming pools in apartments and condominium complexes
• Drownings at water parks like Great Wolf Lodge

What Are the Most Common Causes of Drowning Accidents in Chicago?

Any pool owner has a responsibility to prevent drowning accidents. Common examples of swimming pool negligence include:

• Lack of supervision
• Broken gates
• Inadequate fencing
• Defective pool equipment
• Failure to place proper warning signs
• Poorly designed diving boards
• Wet surfaces

The Great Lakes, including Michigan, are notoriously dangerous due to strong currents, crowded conditions, and boat traffic. Additionally, many public pools and beaches do not have a lifeguard on duty, increasing the risk of preventable deaths.

What Are the Most Common Injuries from Drowning Accidents?

Even non-fatal drownings can leave victims permanently injured due to hypoxia. Common injuries our attorneys see in these cases include:

• Hypoxic–ischemic brain injury
• Spinal cord damage
• Respiratory damage from water inhalation
• Fatal injuries from drowning
• Emotional trauma and PTSD

What Damages Can Drowning Victims Recover in Chicago?

Our attorneys will fight for full and fair compensation that will cover both economic and non-economic damages. These can include:

• Medical bills
• Rehabilitation
• Counseling and therapy
• Lost income
• Pain and suffering
• Loss of consortium
• Loss of financial support
• Wrongful death damages, like funeral and burial expenses

What Is the Average Drowning Accident Payout in Chicago?

The average payout for a Chicago drowning accident is $2,734,000, with a range between $220,000 and $4,500,000. Factors that determine damages include the victim’s age, whether the drowning incident was fatal or non-fatal, overall medical expenses and lost wages, and proof of liability.

Example Cases Filed in Cook County

Damarco Alexander, 14, suffered a fatal drowning accident in the pool at the Four Points by Sheraton Chicago O’Hare Airport. The pool’s design led to an immediate 9-foot dropoff. Visibility was low because the pool’s filter was not working, a recurring problem that the hotel did not fix. The defendants settled for $3,100,000.00.

Marcus Smith, 12, suffered drowning injuries at the Best Western River North hotel in Chicago. While he survived the initial drowning incident, he died shortly before the trial. In this wrongful death claim, the plaintiff’s attorneys argued that the company had failed to enforce safety standards requiring that someone above the age of 17 supervise minors while swimming. A jury awarded the family $220,000.00.

How Common Are Drowning Accidents in Chicago?

The Great Lakes Surf Rescue Project notes that there have been 1,390 Great Lakes Drownings since 2010, and Lake Michigan has been labeled the most dangerous lake in America. Over 136 drownings have occurred on its eastern shore alone.

In 2020, 130 people drowned in Illinois. The Centers for Disease Control notes that drowning deaths are rising, with approximately 4,500 people dying nationwide annually between 2020 and 2022. Drowning occurs more frequently in children aged 1 to 4, and drowning is the leading cause of death in this age group.

What Laws Govern Drowning Accident Claims in Chicago?

Whether the accident happens on public or private property, most swimming pools are covered by the Premises Liability Act, which requires owners to implement safety devices that would prevent unintentional injury, death, or other harm (740 ILCS 130/2).

Liability can be challenging in wrongful death cases involving drowning. The Illinois Supreme Court case Cope v. Doe removed strict liability for attractive nuisances. However, Chicago pool owners are required to follow a number of standards to protect children from harm.

Chicago has adopted the Illinois Swimming Pool and Bathing Beach Act (2-112-270). This act requires a permit to build a pool, inspection of construction plans, and certification of all swimming pool equipment (210 ILCS 125/). Additionally, owners can be fined if they create unsafe conditions for swimmers, such as failing to maintain cleanliness or erect barriers to prevent accidental drownings (210 ILCS 125/15.1).

In Chicago, swimming pools must be completely surrounded by a fence at least five feet tall and self-closing or latching gates that are at least 54 inches above the ground (18-29-1204.4.5). Facilities must also have a skilled swimmer present at all times, life-saving equipment, and life rings (18-29-1204.6).

How Long Do I Have to File a Drowning Accident Lawsuit in Illinois?

In Illinois, the personal injury statute of limitations is two years (735 ILCS 5/13-202). However, underage drowning victims have the statute tolled, or paused, until they turn 18. Wrongful death lawsuits also have a statute of two years, also with tolling for minor victims (740 ILCS 180/).

If drowning injuries occurred in a public pool or beach, then you only have one year under the Local Governmental and Governmental Employees Tort Immunity Act, making it essential that you act quickly (745 ILCS 10/).

Who Is Legally Liable for Drowning Accidents in Chicago?

Our swimming pool accident attorneys will review your case to identify all potentially liable parties and hold them accountable. This can include:

• Property owners
• Pool operators
• Public entities
• Hotel and resort chains
• Manufacturers of defective equipment
• Lifeguard agencies
• Boating tour operators

Common Defenses in Chicago Drowning Cases

Negligent parties will work hard to avoid accountability, but our attorneys can counter their defenses using solid evidence. These defenses can include the following.

Assumption of Risk: Insurers may argue that the victim knew there was a risk of injury but chose to enter the pool. We can use maintenance records, witness statements, and safety inspections to show that negligent conditions increased the natural risk of swimming.

Failure to Follow Rules: This defense blames the victim for their injuries by claiming they were not following the rules. Surveillance footage, photos of the accident scene, and witness testimony can refute this.

Lack of Proximate Cause: In law, proximate cause means that an action had a foreseeable consequence of harm. The defendant may claim that their actions or inactions, such as failing to keep a pool clean, did not directly lead to harm. Expert testimony, chemical testing, and medical records can disprove this claim.

Lack of Notice: In premises liability law, it must be demonstrated that the defendant was informed of the issue, called actual notice, or should have known about the risk, called constructive notice. We can use previous complaints, maintenance records, site inspections, and witness testimony to show that the property owner should have known about the issue.

How to Strengthen Your Drowning Accident Case in Chicago

Quick action is crucial to ensuring that you have a strong case and a high chance of securing compensation. Follow these steps as soon as possible.

• Seek immediate medical treatment for the victim at the closest emergency room.
• Report the accident to the facility and request an incident report.
• File a police report and secure a copy for your records.
• For fatal drowning, request a copy of the coroner’s report.
• Take photos of the scene, including pool conditions, equipment, and hazard signs.
• Preserve any equipment used, like flotation devices.
• Collect witness statements from anyone present.
• Do not speak to insurers without your attorney.

How Our Chicago Drowning Accident Attorneys Can Help During the Legal Process

Drowning accidents are devastating, whether that involves death or catastrophic brain damage. Our skilled and compassionate attorneys will thoroughly investigate your case, including accident reconstructions to ascertain the water conditions and safety devices available. Using the evidence collected, we will aggressively negotiate with insurers for a fair settlement, taking your case to court if necessary. With our support, you can heal from this tragedy with the funds necessary for recovery.

FAQs

Can I sue for a drowning if the incident occurred at Lake Michigan or a public beach?

It is possible to sue for damages if a drowning accident occurs in the lake or on a public beach. However, you must be able to prove negligence under the Illinois Tort Immunity Act, which has a higher standard than the typical personal injury claim (745 ILCS 10/). There is also a shorter deadline to file of just one year. Contact us immediately so we can begin preparing your case.

Are parents responsible in cases involving inadequate supervision of children?

Yes, Illinois’s Parental Responsibility Act can hold parents liable for inadequate supervision if their child causes harm (740 ILCS 115/3). Additionally, Illinois uses modified comparative negligence, which can hold accident victims’ parents partly liable (735 ILCS 5/2-1116).

Who can file a wrongful death lawsuit following fatal drowning accidents?

The next of kin can file a wrongful death claim, which could be a parent, spouse, surviving child, or other relative (740 ILCS 180/).

How much does a drowning accident lawyer cost in Chicago?

Our Chicago drowning accident lawyers work on a contingency fee basis: no fees unless we win.

Book a Free Consultation

We are committed to getting justice for drowning accidents throughout Chicago and Illinois. Having served over 5,000 clients nationwide, we have the expertise and resources necessary to fight corporations and secure fair settlements. Our attorneys work on a contingency fee basis, meaning there are no legal fees unless we win. Contact us today for a free case evaluation about a swimming pool accident.