Each summer in Oregon there are tragic deaths of minors and adults who die or suffer brain injury because of a near drowning event. These injuries can take place in a river, lake, or swimming pool.

For any drowning case or near drowning event the property owner or any adult who brought the minor child injury victim to the site may be liable for settlement injury compensation. Drowning or near drowning cases on public lands may be denied because of state recreational use statutes which prohibit injury claims in certain cases if the injury event during the course and scope of recreational use while on government land.

With any near drowning cases involving brain damage consultation with neurologists and neurophyschologists to evaluate the severity and permanence of brain damage is important.

Every summer we hear tragic news of children who drown or suffer serious brain injury from being submerged under the water in pools. Often with pool related brain injury cases the kids will have long term cognitive speech and learning issues from the traumatic brain injury.

Anytime a child suffers a pool related injury there will usually be an adult who can be liable as children under 18 must be supervised by adults. Pool drowning cases are fact specific and negligence usually is shown by expert testimony. Pool drowning cases involves many complicated issues such as issues of where the adult was and supervision issues of the child’s ability to swim without an adult in the pool.

Recently we had a near drowning in a pool at a day care facility. The day care child suffered severe brain damage and we recover a large confidential settlement. On any case involving children under 18 a conservatorship must be filed if the settlement exceeds $10,000. A conservatorship is a blocked minor’s trust account where no one gets the settlement monies until the child reaches 18 when the monies are disbursed.