CHICAGO DROWNING LAWYER

The Chicago drowning lawyers at Curcio & Casciato have built a reputation for successful outcomes, securing justice and maximum compensation in some of the most devastating drowning accident cases across the city. We understand that drowning accidents are some of the most catastrophic events a family can endure. When a loved one drowns due to someone else’s negligence, whether at a public beach or pool, home, hotel, or water park, the outcome is often fatal or life-altering. Our Chicago drowning accident attorney team has recovered millions of dollars for families in personal injury and wrongful death cases resulting from drowning incidents. We have decades of experience handling cases involving negligent supervision, defective pool equipment, and failures by public entities to maintain safe conditions at public pools, beaches, and waterfront areas. Our skilled Chicago drowning accident lawyers possess the knowledge and resources necessary to hold negligent parties responsible under Illinois law and help families recover the damages they deserve.

If you suffered major injuries in a near-drowning accident or lost a loved one to a drowning death, our experienced personal injury lawyers can help you pursue justice. We handle drowning accident claims on a contingency fee basis, so you pay nothing unless we secure a fair settlement or verdict in court trials.

Contact a Chicago drowning accident attorney today at 312-321-1111 to schedule a free consultation.

Common Cases Our Chicago Drowning Accident Lawyers Handle

Chicago Beach and Lake Michigan Drowning

Victims can potentially sue for Lake Michigan drowning accidents or Chicago beach drowning accidents, such as a Montrose Beach drowning, 57th Street Beach accident, 31st Street Beach drowning, North Avenue Beach drowning, Rainbow Beach drowning, Oak Street Beach drowning, Calumet Beach accident, South Shore Beach drowning if the case involves dangerous currents and undertow, a rip current accident, or when the city or it’s lifeguards don’t uphold safety standards. Drowning accident lawsuits often arise from pier jumping accidents, breakwater drowning incidents, or when lifeguards don’t monitor in dangerous conditions. Our Chicago drowning lawyer group can identify fault and file a claim to recover compensation on behalf of clients.

Child Drowning Accident

Child drowning accidents in Chicago often happen at pools, beaches, or waterparks when supervision fails or safety rules are ignored. These incidents can cause fatal injuries or long-term brain damage due to oxygen deprivation. Our personal injury lawyers for children in Chicago provide skilled legal help and take swift legal action for drowning injuries and drowning deaths involving children.

School Swimming Pool and Public Pool Drowning At Chicago Park District Facilities

Swimming pool drownings can happen at both Chicago Park District swimming pools and school swimming pools when lifeguards are unqualified, staff aren’t watching, or inexperienced swimmers aren’t made to wear life jackets. Parents can sue Chicago government entities if a drowning accident was caused by negligence. Our law firm provides experienced Chicago school accident claims assistance and assistance for public pool drownings. Our Chicago drowning lawyer team can handle the legal process of determining fault and ensuring those responsible are held liable through drowning injury or wrongful death lawsuits.

Apartment Drowning

Drowning accidents at apartment swimming pools often result from broken gates or poor maintenance that allows unsupervised access. Parents can bring claims against Chicago apartment complexes when a child drowns because of the property owners’ negligence. A Chicago drowning attorney can investigate the circumstances, gather evidence, and file an injury or wrongful death claim to seek compensation on behalf of the victims’ family members.

Neighborhood and Private Pool Drowning

Neighborhood and private pool drownings often happen when pool owners don’t have adequate fencing, lock gates, or maintain a safe premises. If a person drowns or suffers brain damage because the property wasn’t kept safe, a Chicago drowning accident attorney can prove negligence and help victims obtain fair settlements for serious injury or wrongful death cases.

Hotel Drowning

People die or are seriously injured when hotel swimming pools are left open without gates or lifeguards. Claims against Chicago hotels can arise when hotels don’t keep the premises safe or take basic precautions for prevention, especially during large gatherings with alcohol use. A Chicago drowning lawyer from our legal team can gather evidence, determine if safety measures weren’t taken, and prove how the hotel contributed to the drowning death or injury.

Chicago River Drowning, Canal Drowning, and Tributary Accidents

Any time people die or are injured in the Chicago River, it’s generally not caused by sanctioned activities. The Calumet River, North Branch, South Branch, Sanitary and Ship Canal, and the Chicago Riverwalk are not approved for swimming, but fatal drownings still occur, often involving kayak and canoe accidents, riverwalk accidents, boat accident drownings, or bridge falling incidents. If the city, boat operator, or property owner failed to post warnings, secure access points, or follow safety standards, victims may have grounds to sue. A Chicago drowning accident attorney can investigate the cause, identify negligent parties, and file a claim for compensation.

Summer Camp and YMCA Drowning

Chicago summer camp drowning accident claims often involve inadequate supervision, not hiring certified lifeguards, or sending children to swimming pools without adequate safety measures. YMCA and camp staff have a duty to protect children during swim sessions, lake outings, or waterpark visits. When that duty is ignored and a child drowns, families may be able to file a lawsuit for negligence. A Chicago drowning attorney can investigate the circumstances, identify who was responsible, and pursue compensation for emotional and financial losses.

Swimming Pool Drain Suction Drowning Accident

Swimming pool drain suction accidents are often preventable and frequently occur when pool operators or property owners use faulty pool equipment or fail to adhere to required safety standards designed to prevent drowning accidents. Drain suction drowning incidents violate federal law. When serious drowning injuries or a drowning accident occurs, victims may have grounds for a premises liability lawsuit. A Chicago drowning accident lawyer can help prove fault and pursue fair compensation on behalf of families affected.

Marina, Boat Dock, and Boating Accidents

When a drowning occurs around the marina or boat dock, it’s often caused by unsecured walkways, broken ladders, poor lighting, or missing safety devices. Common causes of boating accidents are operators drinking alcohol or using drugs, overcrowding, and operator negligence in navigation. If dock owners don’t maintain safe environments or if an operator causes a fatal drowning, families can pursue a premises liability lawsuit. A Chicago drowning attorney can investigate, identify negligent parties, and help recover damages through boating accident claims in Chicago.

Amusement Park and Water Park Drowning

Drowning accidents at water parks and amusement parks are typically the result of failures in supervision, safety protocols, or emergency response. White Water Canyon, Pelican Harbor, Mystic Waters, Cypress Cove, Rainbow Falls, Skokie Water Playground, and Six Flags Hurricane Harbor operate large pools, slides, and wave features that require constant monitoring. Even locations like Douglas Park Pool and Portage Park Pool can be dangerous when lifeguards don’t act quickly. If you suffered serious personal injuries or a family member suffered a fatal drowning, we provide skilled assistance for water park and amusement park claims in Chicago. A Chicago drowning accident lawyer can determine the cause, hold the responsible parties liable, and seek compensation for medical expenses and other financial support your family needs.

Dry Drowning and Secondary Drowning Cases

Dry drowning and secondary drowning occur when a child inhales the pool’s water while swimming, going down water slides, playing on splash pads, or with hoses or water cannons. When child care providers don’t recognize dry drowning symptoms, like coughing, chest pain, fatigue, or dizziness after any water-related incident, and don’t seek medical care right away, they may be held liable in dry or secondary drowning claims in Chicago. A Chicago drowning accident lawyer can determine liability and help parents seek fair compensation for medical bills, emotional damages, and other types of losses.

Summer Vacation Drowning Accident

Our experienced attorneys provide skilled legal assistance for Chicago vacation accidents. Summer vacation drowning accidents often happen at hotel pools, public beaches along Lake Michigan, or city waterparks when lifeguards are inattentive, pool gates are broken, or warning signs are missing. If a property owner or city agency failed to follow safety rules, a Chicago drowning attorney can represent out-of-state victims, handle the investigation locally, and file a claim to recover medical bills, pain and suffering, or wrongful death damages under Illinois law.

Other Less Common Causes of Drowning Accidents We Handle

Retention pond drowning: Families may pursue damages when a property owner or management company doesn’t fence the area, post warnings, or comply with safety codes.

Construction site water accidents: Contractors, developers, and site owners can be held accountable if they don’t secure open pits, basins, or potential hazards, leading to a drowning death or major injury.

Canal drowning cases: Victims may have grounds for premises liability lawsuits when the city or private entity doesn’t install adequate barriers, restrict access, or post warning signs regarding dangerous conditions.

Forest preserve lake drowning: Legal action may be taken if the forest preserve district didn’t close the location, post warnings, or respond appropriately after prior drowning accidents.

Pond drowning accidents: Victims’ families can sue when a school, apartment complex, or park district doesn’t secure a pond.

Water treatment facility accidents: A facility may be held liable when it doesn’t restrict access to open tanks, lacks safety devices, or doesn’t provide a safe environment for workers.

Quarry drowning incidents: When quarry owners don’t block access or install signs for potential hazards or after prior events, they can be held responsible.

Industrial water tank accidents: Legal action can be taken when workers or visitors suffer drowning accidents when property owners don’t follow safety regulations, secure the tank area, or restrict hazardous access.

What are the Key Risk Factors For Drowning in Chicago, IL?

Diving Boards, Lazy Rivers, and Waterfalls: These features create strong currents, unpredictable water flow, and sudden depth changes that increase the risk of head injuries, entrapment, or loss of control, especially for young or inexperienced swimmers.

Inadequate Supervision and Lifeguard Negligence: When lifeguards or responsible adults don’t monitor children or young swimmers closely, critical delays can result in preventable fatal drowning accidents

Lack of Fences, Broken Gates, and Exposed Pipes: Poor maintenance, missing fences, and unlocked or broken gates allow unsupervised children to access water areas, while exposed pipes or drain components can create deadly entrapment hazards.

Overcrowding: High swimmer density reduces response time for lifeguards, making it harder to detect a person submerged, and creates a higher risk for cannonball or diving injuries.

Pool Drain Cover Negligence: Lack of or faulty pool drain covers can create powerful suction that traps swimmers underwater, increasing the risk of drowning and severe internal injuries from entrapment.

Common Near-Drowning Injuries Seen in Chicago Drowning Accident Claims

Many near-drowning victims suffer major injuries. Common examples of drowning injuries include:

Hypoxic brain injury and anoxic brain injury
Long-term neurological damage (memory loss, attention deficits, reduced executive function)
Motor dysfunction (poor coordination, tremors, partial paralysis)
Seizure disorders
Pulmonary complications (respiratory failure, pneumonia, ARDS)
Aspiration pneumonia (lung damage from inhaled water or vomit)
Cardiac arrest from drowning (arrhythmias, post-arrest syndromes)
Coma or persistent vegetative state
Speech and language disorders
Psychological trauma (PTSD, anxiety, depression)
Muscle weakness or spasticity
Sensory deficits (hearing or vision loss from trauma or oxygen deprivation)
Submersion injuries
Hypothermia complications

When Can Drowning Victims Sue in Illinois?

Drowning victims can sue if:

Inadequate supervision or lifeguard negligence caused or contributed to the drowning
Defective equipment or missing safety devices created a hazard
The pool owner failed to follow safety regulations or maintain safe conditions
Alcohol use or a lack of life jackets contributed to a boating accident
The person suffered serious injuries, such as brain damage, or died due to a delayed rescue
Warning signs were missing, or known risks were ignored

Applicable Laws For Drowning Accident Victims in Illinois

Illinois statutes for drowning incidents include:

Illinois Premises Liability Act: Covers property owner liability for unsafe pool conditions, lack of warnings, or failure to supervise.
Illinois Wrongful Death Act: Allows families to sue for drowning deaths caused by negligence.
Illinois Survival Act: Permits recovery for the deceased’s pain, suffering, and medical bills before death.
Illinois Swimming Facility Act: Regulates the design and operation of public pools and beaches.
Illinois Lifeguard Law and IDPH Swimming Facility Code: Details lifeguard staffing, proper training standards, warning signs, and emergency equipment.
Illinois Child Care Act: Covers childcare injury claims in Chicago, including drownings occurring under licensed child care center supervision.
Illinois School Code: Covers school‑sponsored swimming events or boating activities.
Illinois Boating Safety Act: Governs watercraft/boat operator conduct and safety equipment for Chicago lakes and state-managed rivers.
Local Governmental and Governmental Employees Tort Immunity Act: Limits liability of public entities like the Chicago Park District.
Illinois Public Health Code – Recreational Water Use: Covers pool safety and hygiene standards.
Illinois Environmental Barriers Act: Requires ADA-compliant accessibility at public pools and facilities; failure to comply may result in liability if a drowning incident involves a person with a disability.

Federal laws involving drowning incidents:

Virginia Graeme Baker Pool and Spa Safety Act: Mandatory anti‑entrapment drain cover standards for public pools.
Americans with Disabilities Act: Requires accessible facilities and accommodations.
Consumer Product Safety Act: Covers defective pool equipment, covers, flotation devices, or water safety products.
U.S. Coast Guard Regulations: Covers maritime-related drownings involving boats, vessels, or watercraft on navigable waters.
Federal Tort Claims Act: Allows claims against federal entities (examples: VA hospital pool, military base facility) under certain conditions.

Illinois Statute of Limitations For Drowning Accident Lawsuits

The time limits for most drowning accident lawsuits are two years from the date of the drowning incident. This applies to personal injury or wrongful death lawsuits filed against private individuals, businesses, or entities.

If cases involve the City of Chicago or the Chicago Park District, victims must submit a notice of claim within one year, and the two-year deadline applies.

For personal injury lawsuits involving minors, the statute of limitations is generally tolled until the child turns 18, meaning they may have until age 20 to file a personal injury claim. However, wrongful death lawsuits on behalf of a deceased child must still be brought within two years of the drowning death. Failing to file within the applicable time limit can permanently bar recovery.

Whose Job Is It to Protect You From Drowning, and Who Can Be Held Responsible For Drowning Accidents in Illinois?

Common defendants in drowning accident lawsuits include:

Apartment complex owners, landlords, and property management companies
Hotel and resort operators
Chicago Park District and municipal agencies
Public schools, private schools, and athletic programs
Childcare providers
Summer camps and youth program organizers
Boat rental companies, marinas, and watercraft operators
Lifeguards, staffing agencies, and certification providers
Pool maintenance and construction companies
Condominium associations and HOAs
Event organizers and facility operators
Homeowners
Swim instructors
Waterpark and amusement park owners
Security contractors responsible for access control
Product manufacturers (pool equipment, drains, pumps, flotation devices)
Landscape architects and engineers
Nonprofits or third-party vendors hosting aquatic events
Municipal engineers or public works departments (stormwater retention)
Inflatable pool rental companies

How Our Chicago Drowning Accident Attorney Team Can Help

File a Personal Injury Lawsuit for Drowning Injury Victims

A drowning accident lawyer can provide legal assistance by conducting investigations to identify and prove how the accident occurred. Survivors face long-term effects, such as brain damage or breathing issues, requiring extensive medical care. Our Chicago drowning accident attorneys handle the legal process, seeking resources for treatment, therapy, lost wages, disfigurement, suffering, and other losses. These cases require legal teams experienced in premises liability, Illinois safety regulations, and contributing factors in such cases. For help with your case, contact our personal injury law firm in Chicago for a free case evaluation.

File a Wrongful Death Lawsuit For Fatal Drowning Accidents

Our Chicago drowning accident lawyer group works to uncover the facts, analyze evidence, and hold the liable parties responsible for the harm caused. Whether the drowning death occurred in a swimming pool, bathtub, lake, river, or other body of water, we review photos and information, hire experts, and take legal action quickly. Parents or other family members are often owed for lost emotional support, financial support, and other financial and emotional damages after the death of a loved one. Our experienced attorneys are committed to guiding clients through each step with compassion, ensuring they understand their rights, obligations, and the value of their case. For legal assistance for wrongful death in Chicago, do not hesitate to reach out for a free case evaluation.

Claims for Drowning at Work

Illinois workers’ compensation laws typically bar employees from suing employers for injuries or death. However, when an experienced adult drowns performing familiar duties, this reflects concerning failures, like OSHA violations, lack of safety equipment, or a history of negligence. While gross negligence doesn’t create a lawsuit exception in Illinois, families still have strong legal options. Our Chicago drowning accident lawyers can help file third-party lawsuits when outside parties cause or contribute to drowning incidents. In addition, we can take legal action when employers act in dual capacity (such as manufacturers). Our skilled Chicago workplace wrongful death attorneys can investigate the facts, identify any violations, and determine the most effective legal strategy to recover compensation.

Contact Our Chicago Drowning Attorneys For a Free Consultation

If you lost a loved one to drowning or suffered serious injuries yourself, our Chicago drowning lawyer team is ready to help you understand your legal rights and explore every possible path to compensation. Our experienced drowning and swimming pool accident lawyers in Chicago offer a free consultation and will investigate your case with the urgency and care it deserves. Call 312-321-1111 to speak directly with our legal team today.