Drowning Accidents

Yes. Property owners have a legal duty to maintain reasonably safe conditions, and that includes securing pools, ponds, and other water features. Delaware’s attractive nuisance doctrine also provides specific protections for children: if an unguarded pool or water feature was likely to attract a child who could not appreciate the danger, the property owner may be liable even if the child was not invited onto the property.

The attractive nuisance doctrine recognizes that young children cannot be expected to understand or avoid dangerous conditions the way adults can. Under Delaware law, if a property owner maintains an unfenced pool or similar hazard that is likely to attract children, they could be held responsible for resultant injuries to that child, even if they were trespassing. This doctrine exists specifically to protect children, and it is often applied in Delaware drowning cases.

The presence of a lifeguard does not automatically protect a property owner or facility from liability. If the lifeguard was inattentive, inadequately trained, or the facility failed to maintain adequate staffing ratios, those failures can support a negligence claim. The question is always whether reasonable care was exercised by the property owner, which means more than having a person with a nametag nearby.

In most cases, Delaware’s statute of limitations gives you two years from the date of injury or death to file a lawsuit. For claims involving government-owned facilities, notice requirements may apply within a much shorter window. It is critical to contact an attorney as early as possible to protect your legal rights.

If a faulty drain cover, pump, or other product contributed to the accident, you may have a claim against the manufacturer in addition to, or instead of, the property owner. These cases often involve both premises liability and products liability theories, and determining all responsible parties is an important part of what we do in our initial investigation. At Morris James, our attorneys are experienced at handling both premises liability and products liability claims.

Key evidence can include photographs of the pool area, fencing, and safety equipment at the time of the incident; incident reports; video footage; witness statements; employee records; pool maintenance and inspection records; and any documentation of prior complaints or code violations. Every case is unique, and what happened in your case determines what evidence matters most for you. Our attorneys work with you to investigate and gather all relevant evidence promptly, before records are lost or memories fade.

Nothing. Morris James offers a free, no-obligation case review, and we handle all drowning accident cases on a contingency fee basis, which means if we do not win, you do not pay.