Chicago Summer Camp Drowning Accident Lawyer
PRACTICE AREAS
Common Types of Summer Camp Injuries
Injuries during physical activities at summer camps, especially outdoors, are more common due to unregulated environments and tripping hazards. To address this, summer camps require parents to sign a liability waiver to avoid liability for common injuries such as cuts, bruises, fractures, minor broken bones, and concussions. However, liability waivers do not shield summer camps from being held liable in cases of wrongful death, such as fatal drowning accidents. Summer camps take preventive measures, including mandatory CPR training for camp counselors, constant monitoring of swimming areas, and requiring children to wear safety equipment like floaties and life vests. Despite these precautions, parents need to recognize the inherent risks involved in summer camp activities.
How Many Drownings Happen in the U.S. Every Year?
According to the Centers for Disease Control (CDC), drowning is the leading cause of death in children. Approximately 4,000 fatal drownings occur each year. The victims include both children and adults. For children ages 5 to 14, drowning is the second-highest leading cause of death after motor vehicle accidents.
These drowning accidents tend to happen because of:
Inadequate supervision
Broken fences or gating around bodies of water
Inability to swim
Summer Camp Accident Case
The 2004 case of the Estate of Barnabe Lucas, deceased minor v. Christian Youth Center Ministries provides an example of a drowning case that was ultimately ruled the fault of the camp. Lucas, a nine-year-old special needs boy, drowned in a wading pool that did not have supervision. While CPR was administered once Lucas was discovered unconscious, it was not enough to save his life. The jury ruled in the family’s favor for a settlement of nearly $2 million.
The deciding factor seemed to be that the camp did not administer any test, accounting, or verbal confirmation of the swimming abilities of any of the campers before leaving them in an unsupervised body of water. This is a clear example of negligence on behalf of Christian Youth Center Ministries.
Summer Camp Drowning Accident Lawsuit in Chicago, IL
An incident such as a summer camp drowning accident would qualify for a personal injury lawsuit under negligent supervision or attractive nuisance doctrine, even if the drowning accident did not result in death. Accidental drownings can result in serious brain damage that can cause serious issues in the long term.
Once you’ve filed a drowning accident lawsuit, it is then up to the state court to determine whether it is legitimate. From there, it will either be settled out of court or proceed to trial. Because this can be a lengthy and complex process, hiring an experienced accident attorney or wrongful death lawyer at Curcio & Casciato is always smart. Our team can help you navigate the legal complexities of your child’s tragic accident.
Summer Camp Drowning Death Lawsuit in Chicago, IL
A summer camp drowning death lawsuit arises when a child tragically loses their life due to drowning at a summer camp, often leading to allegations of negligence or inadequate safety measures. Legal actions in such drowning accidents aim to hold the camp accountable for the oversight and seek compensation for the grieving families. Our Chicago wrongful death attorneys understand how to prove wrongful death and can help your family with a wrongful death claim.
Proving Negligence in a Summer Camp Drowning Accident
Negligence is the most common charge brought in summer camp drowning cases. The victim and their legal team must prove the 4 elements of negligence in order to recover a fair settlement:
Duty of Care: The summer camp owes all children and parents a duty of care to promote safety.
Breached Duty of Care: The summer camp breached this duty of care in some capacity. For example, maybe they failed to have trained lifeguards, a sufficient number of lifejackets, or a lack of warning signs around a pool area.
Causation: The child suffered a drowning accident as a direct result of the breached duty of care.
Damages: The child and their family suffered a wide variety of damages for which they deserve fair compensation.
The Christian Youth Ministries summer camp drowning accident case is a tragic example of negligence. It was the duty of the camp to ask if any of the campers in their care had special needs. Additionally, the camp had a duty of care to employ attentive and experienced lifeguards in the pool area. The camp failed to do both of these things, which resulted in a fatal drowning accident.
Compensation for Summer Camp Drowning Accidents in Illinois
Chicago personal injury and wrongful death lawyers can help victims recover financial compensation for the following types of damages after a summer camp drowning accident:
Past and future medical bills
Past and future rehabilitative bills
Lost wages (on behalf of the parents)
Loss of earning capacity (on behalf of the child if they suffer a traumatic brain injury that prevents them from working in the future)
Permanent disability
Physical pain and suffering
Emotional distress
Mental health counseling bills
Loss of enjoyment of life
Funeral and burial expenses if the drowning accident results in drowning death
How to Make Sure Your Kids Are Safe at Summer Camps
Despite possible risks, most children are perfectly safe and happy at a summer kids camp. There are steps that you can take as parents to ensure that your children are safe at camp. These can include:
Teach waterside safety;
Teach basic first aid;
Enroll your child in swimming lessons or teach your child to swim;
Teach your children “see something, say something;”
Ensure that the summer camp is aware of your child’s swimming abilities;
And ensure that the summer camp hires CPR-trained lifeguards.
All of the potential risks and safety hazards you must consider as a parent are overwhelming. That’s why working with organizations you know you can trust with your children is important, including summer camps.
Parents can look online to find reviews from other parents about various camps before enrolling and may even be able to schedule a tour of the camp to feel more comfortable.
Chicago Personal Injury Lawyers for Summer Camp Drownings
If your child has suffered a drowning accident – or any other type of accident – at their summer camp, you may have grounds to take legal action. Many summer camps may require parents to sign a liability waiver before sending their child to camp. Depending on the specific wording of the waiver, the camp can be absolved from certain accidents and injuries. Reaching out to an experienced Chicago personal injury law firm never hurts. Chicago personal injury and wrongful death lawyers at Curcio & Casciato can help you determine the best course of action after your child’s accident. Call 312-321-1111 to schedule a free consultation today.
