Drowning Lawyer Cleveland OH
As an experienced wrongful death lawyer, I can assist you with questions that you may have about liability arising out of a drowning death. Drowning deaths are catastrophic for the surviving family members, particularly since the life claimed is usually someone who is vulnerable and dependent on others for their safety.
Under Ohio law, drowning cases are characterized by three distinct types of liability: premises liability, maritime accident law, and medical claims. Premises liability claims refer to any personal injury or wrongful death that occurs on someone’s property as a result of a hazardous or unsafe condition on that property. In these cases, the property owner or lessor is usually the primary party to be held liable, but liability may extend to third parties who are involved in monitoring the property or insuring its safety by removing any hazardous conditions. A typical scenario for a premises liability claim arising out of a drowning death is where an unattended child or improperly supervised child drowns in a swimming pool. In these cases, an experienced wrongful death lawyer will want to personally investigate the accident scene and interview all eyewitnesses. It is important to know all of the circumstances, including who was in charge of supervising the child, to determine where liability lies. Contrary to popular belief, drowning is a silent event. Constant vigilance is required around open water.
Maritime accidents resulting in a drowning death are governed by maritime law and, when applicable, international law. These types of lawsuits may arise out of a worker falling off of a freighter or a tourist falling off of a cruise ship. An experienced wrongful death lawyer will work with a maritime specialist to recover for a fatality arising out of a boating accident.
Finally, some drownings occur as a result of nursing home negligence or group home negligence where a resident wanders from the facility and falls into open water nearby. When the incident occurs as a result of failure to follow applicable standards of care by licensed medical or nursing professionals, Ohio defines such a claim as a “medical claim.” Medical claims are subject to a one-year statute of limitations. By contrast, premises liability claims are subject to a two-year statute of limitations. The time limit for maritime lawsuits varies by jurisdiction. As with any fatality that results through the negligence of another, it is important to consult with an experienced wrongful death lawyer early in the process so that he or she can preserve vital evidence.
The lawyers at Mishkind Kulwicki Law have recovered over $300 million dollars on behalf of their deserving clients, through settlements and verdicts obtained throughout the State of Ohio. If you suffer the loss of a loved one due to drowning and have questions about the potential liability of third parties, contact a drowning lawyer Cleveland, OH residents recommend who will answer those questions in a caring and respectful way. Contact Mishkind Kulwicki Law Firm today.