Seeking Justice for Drowning Victims & Their Families
A drowning or near-drowning can raise questions under personal injury law, premises liability, or maritime law. The appropriate legal path depends on where the incident happened, what activity was underway, and who was responsible for safety. At Frischhertz & Impastato, we represent injured people and families after drownings and near-drowning incidents in pools, around docks, aboard recreational vessels, and in open water.
Fatal and nonfatal accidents require different legal approaches. A family may have grounds for a claim after a fatal drowning, while a survivor may pursue compensation for near-drowning injuries, medical costs, lost income, and other losses. We evaluate the circumstances to identify potentially responsible parties and determine which laws may govern the claim.
Speak with a drowning attorney in New Orleans about your legal options. Call (504) 276-6962 to request a free consultation.
Liability for Property-Based & Maritime Drownings
A property-based drowning and a work-related incident on navigable water may fall under different legal frameworks. Establishing responsibility requires a close review of the location, the injured person’s legal status, known hazards, safety duties, and the conduct of everyone involved.
Unsafe Property Conditions
We handle premises liability matters, including swimming pool accidents involving inadequate fencing, insufficient supervision, or improper maintenance. Under Louisiana Civil Code article 2317.1, a property owner’s responsibility for a hazardous condition generally depends on whether the owner knew or should have known about it, whether reasonable care could have prevented the harm, and whether the owner failed to use that care.
Relevant evidence may include things like:
The presence of access barriers or if they were missing
Swimming pool and nearby area maintenance records
Improper or missing warning signs
Surveillance footage showing the incident
Inspection documents for before or after the incident
Witness accounts of what happened
A dangerous condition alone doesn’t automatically establish liability. The facts determine whether a property owner, operator, maintenance provider, or another party may be legally responsible.
Maritime & Offshore Incidents
Maritime law can apply when a drowning or near-drowning involves a seaman, longshore worker, vessel, dock, or offshore operation. We handle Jones Act claims for seamen, Longshore and Harbor Workers’ Compensation Act claims, unseaworthiness matters, maintenance and cure, and Outer Continental Shelf Lands Act claims for offshore platform workers.
A Jones Act negligence claim involving an injured or deceased seaman typically has a three-year filing period. Claims under the Longshore and Harbor Workers’ Compensation Act have separate and potentially shorter notice and filing requirements. The controlling deadline depends on the worker’s status, location, governing law, and circumstances, so families shouldn’t assume every maritime claim follows the same timeline.
Preserving Evidence After a Drowning or Near-Drowning
Evidence preservation can be critical because physical conditions may change, equipment may be repaired, and electronic recordings may be overwritten. Families should retain available materials without altering them and keep related documents together whenever possible.
Potentially important evidence may include:
Photographs or video showing the location, vessel, dock, pool, barriers, warnings, weather conditions, or equipment
Clothing, flotation devices, safety equipment, vessel components, or other physical materials connected to the incident
Medical records, bills, receipts, and documents showing lost income or lost household support
Written communications, incident reports, investigative reports, and insurance correspondence
Witness names, contact information, and notes about what each person observed
A drowning lawyer in New Orleans can identify which records may matter and whether formal preservation requests are appropriate. Prompt action may also help locate witnesses and preserve evidence held by property owners, vessel operators, employers, or other parties.
Drowning cases can involve overlapping questions about property safety, vessel operations, employment status, and serious injury or death. Our seven experienced trial attorneys draw on their varied backgrounds to provide personalized attention and unique legal insights to each case. We build our approach around every family’s specific circumstances, rather than a following a one-size-fits-all method.
We bring more than 85 years of combined experience to personal injury and maritime matters and have recovered more than $700 million for injured clients and their families. Past results don’t predict the outcome of a particular claim, but they reflect our experience handling consequential cases against well-resourced opponents.
Discuss Your Drowning Claim for Free
We offer free consultations for personal injury matters, including drowning and near-drowning cases. During a confidential discussion, you can explain what happened, ask questions, and learn about possible next steps. Use our contact form or call our office to begin.
We handle these matters on a contingency fee basis, so you don’t pay an attorney fee unless we recover compensation for you. Families can evaluate and pursue a claim without paying upfront attorney fees.
Ask a drowning lawyer in New Orleans to clarify your options. Call (504) 276-6962 today for a free consultation with Frischhertz & Impastato.
Louisiana Wrongful Death Claims After a Fatal Drowning
This type of claim addresses losses suffered by surviving family members. Louisiana law gives priority to the surviving spouse and children, followed by parents, siblings, and grandparents when no member of a higher-priority class exists. Eligibility and priority depend on the family relationships that existed at the time of death.
Recoverable losses may include loss of companionship, financial support, household services, and parental guidance. Depending on the evidence, a claim may also address pre-death medical bills, funeral and burial expenses, and the deceased person’s pain and mental anguish.
Survival Actions
A survival action concerns the harm the deceased experienced between the injury and death, including pain, suffering, mental anguish, and medical costs. It is distinct from a claim addressing the losses of surviving family members. We often pursue both actions when the circumstances support them.
Louisiana Filing Deadlines
These actions generally prescribe one year from the date of death or two years from the injury that caused the death, whichever period is longer. “Prescription” is the Louisiana legal term for a deadline that can bar a claim if it isn’t filed in time. Maritime law or another governing framework may impose a different deadline, making an early case-specific review important.
Comparative Fault
Comparative fault determines how responsibility assigned to an injured or deceased person affects recoverable damages. For incidents governed by Louisiana rules effective January 1, 2026, a family can’t recover damages if the deceased is found 51 percent or more at fault. The incident date and applicable body of law must be examined before determining how fault may affect a particular claim.
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