Who can be held responsible for a drowning accident in Clayton?

Swimming is one of the most dangerous recreational activities that Americans engage in on a regular basis due to the possibility of drowning and other serious problems caused by lack of oxygen and ingesting large amounts of water.

A fatal swimming pool accident occurred just north of Clayton in Norwood Court Missouri.
Middle aged man drowns in apartment pool
A 43 year old man drowned in a swimming pool attached to an apartment complex in the north part of St. Louis County. Based on an investigation by the police, it seems that on a Saturday afternoon, the man jumped into the pool and just never came up. The witnesses nearby attempted to remove the victim and resuscitate him, but it was too late and he had already drowned. At the time of the report police do not believe any foul play was involved and no one was criminally charged.
Premises Liability
Pools and other features of any residential or commercial area that can present hazards such as drowning usually need to be monitored, enclosed, or staffed by a lifeguard or security guard. This also includes large areas with water based activities such as water parks.
There are a number of ways that the business or person who owns the pool can be held responsible for injuries, deaths, or other accidents that occur on their property. If there is a specific lifeguard or other personnel who was supposed to be watching the area at the time, they may also be attached as a defendant in the lawsuit. This section of personal injury law is called premises liability. The law provides ways that owners can be made to answer for injuries and other problems that occur on their premises through the court system.
Assumption of the Risk
The main defense the owner of the pool will have falls under a tort law doctrine called assumption of risk. Swimmers and those around the pool area are voluntarily engaging in an activity that has obvious risk, and they are essentially waiving the possibility of holding anyone else accountable for their injuries. Some pools may be marked with signs such as “swim at your own risk” to make users of the area aware of this potential defense. However, assumption of risk will rarely absolve a property owner from all potential liability associated with the structures on their property.
The value of each case and chance of success
Drowning accidents that result in death or permanent injuries such as brain damage will usually have the largest potential amount of damages available because of the severity of these problems. However, each case is different and a conversation with an attorney who specializes in serious or fatal accidents is really the only way to receive a personalized answer.
Get help from an accident lawyer in the Clayton area
If you have been injured while using a pool or in any other kind of accident, there is legal help available. The personal injury attorneys at Kruse Law can provide advice for clients in Clayton, St. Louis, and other nearby parts of Missouri.