Law Offices of David G. Arganian, Seattle, WA

Drowning: Accident or Not?

Last month a local resident of Katy, Texas was found dead – drowned – in the pool of a Houston football player. The incident, which occurred over a month ago on September 4, 2011 has been deemed accidental.

Before reaching the final conclusion that the drown victim was the product of pure accident, medical examiners thoroughly investigated the specific cause of death. After intense assessment and comprehensive review of the drowned body, the Galveston County Medical Examiner's Office reported to a justice of the peace in Precinct 3 that the final autopsy reports showed the only cause of death was asphyxiation from drowning.

The results of this report indicate that no further means were involved in the victim's fatality making the case one of pure accident according to officials. However, further investigation into the matter might change the opinions of inquiring minds.

The local man from Katy, whose body was found drowned in a Houston football player's pool, is the aftermath of a party that had taken place in and around the pool area of the athlete's home earlier that day. Although no one intentionally drowned the victim or made sure that necessary actions were taken to ensure that the man would be unable to fend for himself should he fall into the water, there could still be speculation about the persons at fault for the death.

Legal professionals in the field of personal injury are well aware of the different aspects that must be looked at from every angle in any case of drowning. Even if no ill-ease or blunt force were involved in the loss of life, there may have been actions that could have been taken to prevent the incident from happening in the first place. Homeowners with pools are supposed to take the appropriate steps necessary to sufficiently protect the areas surrounding their pool. It does not matter if the means of protection comes through gating off the man-made body of water or covering it with fall-proof netting; the important part is that the pool be inaccessible to other persons who may wander into the yard and decide to take a dip.

Adults and children alike have been the victims of drowning, proving that no one is safe from this type of accident. While young kids are among the highest percentage of those who are severely injured or wrongfully killed in drown accidents, adult males and residents in lower income countries rank high as well. It doesn't matter who you are or where you are, there is no escaping the potential danger of drowning.

Furthermore, lakes and oceans are also the scenes of many tragedies. Without a proper lifeguard on duty at all times, anyone can be easily carried away by a strong current or large wave. Even swimming too far out into the lake could be enough the cause an incident of drowning if the individual is unable to return to land without becoming too physically exhausted to make the swim.

There are a number of incidents that can quickly and easily lead to death by drowning. Even if these situations are no more than accident, such as the Houston pool incident described above, there is still responsibility to be placed. Pool owners, beach officials and the like are responsible for protecting anyone that comes within range of the body of water that belongs to them, even if they did not invite or give permission to do so.

Until strict regulation and enforcement of precautionary measures to prevent drowning are guaranteed, the best anyone can do is to practice safe behaviors. When accidents of downing occur despite one's best efforts, the next step to be taken is hiring a personal injury attorney to represent your drowning case. With the right skill set and tactic defense, a lawyer can help prove that what may seem to be an accident is truly the result of negligence.

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