Chicago Drowning Accident Lawyer

Compensation for Drowning Injury Victims and Families in Fatal Incidents

At Rosenfeld Injury Lawyers, our experienced Chicago drowning accident lawyers hold negligent parties accountable when drowning occurs due to inadequate supervision, unsafe conditions, or defective pool equipment.

A drowning accident can change a family’s life in seconds. In Chicago, these tragedies happen in Lake Michigan, public and private pools, water parks, and even backyard spas. Whether it’s a fatal drowning or a near-drowning accident that leaves a loved one with brain damage or other major injuries, victims and their families face devastating emotional and financial losses.

Drowning Accident Settlements Recovered by Our Law Firm in Chicago

$7,100,000 Settlement – Child Drowns at Chicago Water Park

During a church-sponsored outing to a Chicago-area water park, Eli, age 9, drowned when lifeguards failed to notice him struggling in a crowded wave pool. Surveillance footage revealed inadequate staffing and delayed rescue efforts. The family secured $7.1 million based on apparent negligence and preventable safety failures.

$3,000,000 Settlement – Toddler Drowns in HOA Pool

Leo, age 3, slipped into an unfenced neighborhood swimming pool managed by a Chicago-area HOA. The pool lacked proper warning signs, and safety gates were broken. Building code violations and inadequate maintenance were key factors leading to a $3 million settlement for the child’s family.

$2,500,000 Settlement – Child Drowns in Friend’s Backyard Pool

Eight-year-old Maya drowned during a summer gathering at a friend’s home in suburban Chicago. The pool lacked proper fencing and safety devices, and no adults were actively supervising. Evidence of code violations and preventable conditions led to a $2.5 million settlement for her grieving family.

$2,200,000 Settlement – Woman Drowns at Apartment Complex Pool

While swimming at a Chicago apartment complex, Danielle, 33, drowned after slipping into the deep end. The pool had no lifeguard, broken safety equipment, and inadequate warning signs. The pool owner’s failure to maintain safety standards was central to securing a $2.2 million settlement for her surviving relatives.

$1,250,000 Settlement – Senior Drowns in Hot Tub

At a Chicago senior living complex, Ruth, 88, drowned in a communal hot tub after staff failed to supervise the area or respond promptly. The preventable nature of the drowning and evidence of inadequate monitoring led to a $1.25 million settlement for her surviving relatives.

What Makes Us the Best Drowning Accident Lawyers in Chicago

Families turn to Rosenfeld Injury Lawyers because our top-rated Chicago catastrophic accident attorneys have a proven track record in securing justice after tragic water-related incidents. We have recovered millions in verdicts and settlements in wrongful death cases and personal injury claims involving swimming pool accidents, water park drownings, boating accidents, and incidents on Lake Michigan. 

Recognized by Super Lawyers and the Million Dollar Advocates Forum, we are known for our relentless advocacy and compassionate client service. As one of the best drowning accident lawyer teams in Chicago, we work relentlessly to hold negligent parties accountable and recover fair compensation for our clients.

Types of Drowning Accident Cases We Handle in Chicago

Our Chicago drowning accident attorneys handle cases across the city and surrounding areas, from neighborhood pools to Lake Michigan beaches. Whether the incident occurs on public or private property, we investigate the cause, identify negligent parties, and fight for fair compensation in both wrongful death cases and personal injury claims.

Swimming Pool Accidents

We represent victims injured at public pools run by the Chicago Park District and private swimming pools at homes, gyms, amusement parks, and country clubs. Cases often involve improper supervision, broken safety gates, defective pool equipment, or missing warning signs, all preventable hazards that can cause drowning deaths or major injuries. Our swimming pool accident attorneys know how to prove negligence in personal injury and wrongful death lawsuits involving both public and private swimming pools.

Lake Michigan and Beach Drownings

Drownings at North Avenue Beach, Oak Street Beach, and other locations often involve rip currents, dangerous weather, or a lack of lifeguards. Our attorneys hold the City of Chicago, concession operators, or other negligent parties accountable for failing to maintain safety standards or warn the public of hazards. Our Chicago drowning accident lawyers have extensive experience handling high-profile open-water drowning claims.

River and Boating Accidents

The Chicago River and surrounding waterways are popular for boating, kayaking, and water tours, but accidents occur due to operator negligence, intoxication, or lack of safety devices. Our Chicago drowning accident attorneys represent drowning victims and families in cases involving tour boats, private vessels, and commercial operations that failed to follow boating safety laws.

Hotel, Spa, and Water Park Incidents

Hotels, spas, and water attractions – from downtown resorts to Six Flags Hurricane Harbor – can be dangerous without proper safety devices or trained lifeguards. Our Chicago premises liability attorneys step in to pursue justice for drowning victims and their families. We handle drowning accident cases where guests suffered major injuries or fatalities due to management’s failure to prevent drowning accidents or comply with pool safety requirements.

Apartment and Condominium Pool Accidents

In Chicago apartment complexes and condos, drowning incidents often occur when pool areas lack locked gates, life-saving equipment, or clear safety rules. Our swimming pool accident attorneys regularly investigate building code violations and management failures that lead to tragic and preventable drownings. We hold pool owners and managers liable in swimming pool accident cases involving unsafe conditions, improper supervision, or violations of municipal building and safety codes.

Near-Drowning Cases Resulting in Brain Injury

Near-drowning victims in Chicago may suffer lifelong brain damage from oxygen deprivation. These incidents can occur in lakes, rivers, pools, or hot tubs when rescue is delayed. Our Chicago drowning accident attorneys pursue claims for medical expenses, rehabilitation, and long-term care for clients whose lives are permanently altered by a drowning incident.

What Are the Most Common Causes of Drowning Accidents in Chicago?

Many drowning accidents in Chicago are preventable and stem from negligence. Common causes include lack of supervision, broken gates or inadequate fencing around private swimming pools, defective safety equipment such as life rings or pool alarms, poor or missing warning signs, and slippery pool decks that cause falls into the water. 

In public areas, unguarded beaches and unsafe conditions pose significant risks, especially near strong rip currents or in bad weather. Public pools operated by the Chicago Park District and private facilities alike can also be hazardous when staff fail to monitor swimmers or enforce safety rules, leading to fatalities or serious injuries.

What Are the Most Common Injuries from Drowning Accidents?

Drowning accidents often result in severe and life-altering injuries. One of the most serious is hypoxic–ischemic brain injury, caused by oxygen deprivation, which can lead to permanent cognitive and physical impairments. Spinal cord trauma may occur from diving into shallow water or being struck during a rescue attempt, sometimes causing paralysis. Water inhalation complications, including respiratory distress syndrome and pneumonia, can develop after a near-drowning accident. 

Survivors also frequently suffer significant emotional trauma, such as anxiety, depression, or post-traumatic stress. Even when a drowning is non-fatal, the long-term effects can require extensive medical care, rehabilitation, and ongoing support to address both physical disabilities and cognitive impairments.

What Damages Can Drowning Victims Recover in Chicago?

Drowning victims and their families may be entitled to significant compensation under Illinois law. In personal injury lawsuits, recoverable damages can include medical bills for emergency care, hospitalization, and long-term treatment, as well as rehabilitation costs such as physical, occupational, or speech therapy. 

Victims may also recover lost wages for time missed from work and compensation for diminished earning capacity if injuries prevent returning to prior employment. Non-economic damages may cover pain and suffering, emotional distress, and loss of consortium for spouses or partners when the injured person’s ability to provide companionship, affection, or intimacy is diminished due to the accident.

In fatal accidents, families can seek wrongful death damages for funeral and burial costs, loss of financial support, and the emotional toll of losing a loved one. Whether the drowning occurs at a public pool, water park, or Lake Michigan, a Chicago drowning accident lawyer can help prove negligence and fight for fair compensation.

What Is the Average Drowning Accident Payout in Chicago?

Based on Law.com’s VerdictSearch, drowning accident settlements and verdicts in Chicago typically range from $220,000 to $4,500,000, with a median award of $3,100,000 and an average of $2,734,000.

Case value depends on several factors, including:

• Severity of injury or loss – Fatal drowning accidents and cases involving brain damage or permanent disability generally result in higher awards.
• Liability evidence – Clear proof of negligence, such as inadequate supervision or defective safety equipment, strengthens a claim.
• Victim’s age and earning capacity – Younger victims or those with high future earning potential may warrant larger economic damages.
• Medical expenses and future care costs – Long-term rehabilitation or life care plans significantly increase the claim’s value.
• Emotional and non-economic losses – Pain, suffering, and loss of companionship can add substantial value to the settlement or verdict.

An experienced Chicago drowning accident lawyer can evaluate these factors, gather the right evidence, and negotiate aggressively to maximize your recovery.

Example Cases Filed in Cook County 

$4,500,000 Settlement – Teen Drowns During Camp Swim

Fifteen-year-old Jacob Waxberg drowned during a nighttime swim at a boys’ camp. His family alleged negligent supervision, inadequate lighting, and too few lifeguards, especially given that Jacob had only recently passed his swim test. They claimed murky water and darkness hindered rescue efforts. Defendants denied negligence, asserting the swim was supervised and safe. Both sides disputed the timeline and lighting conditions. Before trial, the case resolved for $4.5 million from the camp’s insurer, with the camp denying any wrongdoing or liability in the incident.

$3,100,000 Settlement – Minor Drowns in Hotel Pool

Fourteen-year-old Damarco Alexander drowned in a murky hotel pool with a steep drop-off. His family alleged numerous safety violations, including a malfunctioning filter, a missing lifeline rope, and the absence of lifesaving devices, despite repeated filter problems requiring closure under state law. They claimed unsafe conditions and inadequate rescue response contributed to the death. The hotel denied fault, arguing Damarco could not swim and was responsible for his own safety. The case settled for $3.1 million, reportedly the largest minor drowning settlement in Illinois history at that time.

$220,000 Verdict – Child Drowns in Hotel Pool

Twelve-year-old Marcus Smith drowned while swimming in a hotel pool without adult supervision. Plaintiffs alleged the hotel violated state rules requiring adults to supervise minors and ignored security camera footage showing the unsupervised child. The defense claimed that older siblings left him alone and bore responsibility. The jury found the hotel 87% liable, awarding $220,000, which was later reduced to $191,400 based on comparative fault. The court denied future wage loss claims, ruling potential earnings were too speculative for damages in the wrongful death case.

How Common Are Drowning Accidents in Chicago?

Recent data shows drowning remains a serious public safety concern in Illinois.

In 2025, Lake Michigan accounted for 26 drownings, including six critical incidents, according to the Great Lakes Surf Rescue Project.

The Illinois Department of Public Health reported 130 drowning deaths statewide in 2020, making it one of the leading causes of fatal injuries. Many of these tragedies occurred in public or private swimming pools, Lake Michigan, and other open water locations. 

These numbers highlight the urgent need for stronger pool safety measures, consistent lifeguard supervision, and increased public awareness to help prevent drowning accidents in Chicago and across Illinois.

What Laws Govern Drowning Accident Claims in Chicago?

The Illinois Premises Liability Act (740 ILCS 130/) requires pool owners to maintain reasonably safe conditions for lawful visitors. The Attractive Nuisance Doctrine holds owners liable for hazards—like unfenced pools—that lure children who can’t appreciate the risk. In drowning accident claims, both can help establish liability when unsafe conditions or inadequate security lead to injury or wrongful death.

The Private Swimming Pool Enclosure Act mandates secure barriers around private pools, including self-closing, self-latching gates, to prevent unsupervised access. Effective in 2025–2026, it strengthens safety requirements to reduce child drownings. Non-compliance can serve as evidence of negligence in a drowning accident lawsuit, especially when an unsecured pool contributes directly to drowning injuries or death.

The Swimming Pool Safety Act (210 ILCS 130/) governs safety standards for pools, including anti-entrapment drain covers, compliant circulation systems, and adherence to federal requirements. Violations can be used in court to prove negligence in drowning accident wrongful death claims.

The Swimming Facility Act (210 ILCS 125/) regulates public and semi-private pools, requiring permits, inspections, and compliance with Illinois Department of Public Health standards. It covers water clarity, lifeguard staffing, sanitation, disease control, and safety equipment. Failing to meet these standards can form the basis of liability in drowning accidents at public or community swimming facilities.

Section 2-112-270 of Chicago’s Municipal Code governs pool and bathing beach safety within the city, including licensing, inspections, and compliance with health standards. Noncompliance—such as failing to provide lifeguards, safety equipment, or clean water—can be grounds for legal claims when such failures contribute to a drowning incident.

Article 12 of the Municipal Code sets technical requirements for pool construction, maintenance, lighting, fencing, signage, and lifesaving equipment in Chicago. Property owners and operators who fail to meet these standards may be held liable in drowning accident cases if unsafe conditions or missing safety features contribute to the victim’s injury or death.

How Long Do I Have to File a Drowning Accident Lawsuit in Illinois?

735 ILCS 5/13-202 allows two years from the date of the drowning accident to file a personal injury lawsuit. For minors, the statute is tolled until they turn 18, giving them two years from that date to sue. Prompt action preserves evidence and strengthens the claim.

Under 740 ILCS 180/, most drowning-related wrongful death claims must be filed within two years of the victim’s death. This deadline applies to cases involving fatal drowning accidents in swimming pools, open water, or other locations, regardless of whether the defendant is a private party or business entity.

The Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) requires drowning claims against municipalities or government employees–such as those involving public pools, beaches, or parks–to be filed within one year. Missing this deadline can bar recovery, even if the evidence clearly shows negligence or unsafe conditions.

Who Is Legally Liable for Drowning Accidents in Chicago?

Liability for a drowning accident in Chicago depends on where and how the incident occurred. Property owners and pool operators may be responsible if unsafe conditions, inadequate supervision, or missing safety equipment contributed to the event. Public entities, such as the Chicago Park District, can face claims for drownings at public pools or beaches, subject to special filing deadlines. 

Manufacturers of defective pool equipment, such as faulty drain covers or broken alarms, may be held liable in product defect cases. Lifeguard staffing agencies can share responsibility when inadequate training or staffing levels play a role. In open water or boating accidents, liability may extend to vessel operators who violate safety standards, operate recklessly, or fail to provide required safety gear.

Common Defenses in Chicago Drowning Cases

Defendants in drowning accident lawsuits often raise defenses aimed at avoiding liability. They may argue the assumption of risk, claiming the victim knowingly entered dangerous waters or swam without supervision. Some assert the victim’s failure to follow posted rules, such as “no diving” signs or restricted swimming hours, caused the incident. Others claim a lack of proximate cause, suggesting their actions were not directly responsible for the drowning. In premises liability cases, defendants may argue a lack of notice, stating they were unaware of the hazardous condition.

Our Chicago drowning accident attorneys counter these strategies with thorough investigations, securing witness statements, surveillance footage, and maintenance records. We work with expert witnesses in aquatic safety, engineering, and medicine to establish how the accident occurred and link it to the defendant’s negligence. By presenting clear, compelling evidence, we show that preventable hazards, not victim behavior, caused the drowning, strengthening your case for compensation.

How to Strengthen Your Drowning Accident Case in Chicago

Taking quick action after a drowning accident can make a significant difference in your claim. Seek immediate emergency medical evaluation to document injuries. Request incident reports from pool operators, property owners, or law enforcement. Take photographs of the scene, including hazards and safety devices. 

Notify local authorities or facility management right away. Obtain statements and contact information from witnesses. Preserve any safety equipment or defective pool components involved. These steps help your Chicago drowning accident lawyer prove negligence and secure compensation.

How Our Chicago Drowning Accident Attorneys Can Help During the Legal Process

Our Chicago drowning accident attorneys guide clients through every stage of the legal process with skill and compassion. We work with aquatic safety experts to reconstruct the accident, examining pool design, water currents, lifeguard protocols, and compliance with safety regulations. Our team gathers evidence, interviews witnesses, and consults medical experts to assess drowning injuries or catastrophic brain damage. 

We handle all negotiations with insurance companies, pushing for maximum compensation, and are fully prepared to take the case to trial if necessary. With extensive experience in both wrongful death and drowning injury lawsuits, we know how to build compelling cases that honor the emotional weight of the loss while aggressively pursuing accountability and justice for our clients.

FAQs

Can I sue for a drowning if the incident occurred at Lake Michigan or a public beach?

Yes. Claims may be possible against public entities, concession operators, or other parties if unsafe conditions, lack of warning signs, or inadequate lifeguard staffing contributed to the drowning. Special rules, including the one-year filing deadline under the Illinois Tort Immunity Act, apply to cases involving public agencies.

Are parents responsible in cases involving inadequate supervision of children?

Parents are generally not liable unless they were directly responsible for supervising the child at the time of the drowning and acted negligently. Liability more often falls on property owners, pool operators, or organizations responsible for safety, especially when the incident occurs on premises with known hazards or code violations.

Who can file a wrongful death lawsuit following fatal drowning accidents?

In Illinois, the personal representative of the deceased’s estate files the wrongful death lawsuit. This representative acts on behalf of surviving family members, such as a spouse, children, or parents, to recover damages for financial losses, funeral costs, and loss of companionship caused by the fatal drowning accident.

How much does a drowning accident lawyer cost in Chicago?

Most Chicago drowning accident lawyers, including our firm, work on a contingency fee basis. You pay no upfront fees, and the attorney only collects a percentage of the settlement or verdict if they win your case. This structure makes high-quality legal representation accessible without an immediate financial burden to the client.

Consult a Chicago Drowning Accident Lawyer Near You!

If you or someone you love has been affected by a drowning accident, you deserve answers, accountability, and fair compensation. Our experienced Chicago drowning accident lawyers are committed to uncovering the truth, holding responsible parties accountable, and fighting for the financial support you need to move forward. 

We understand the devastating impact of fatal and non-fatal drownings, and we approach every case with skill, compassion, and determination. We offer a free consultation to review your case, explain your rights, and outline the next steps. With our contingency fee representation, you pay no legal fees unless we secure compensation for you.

Call us at (888) 424–5757 or fill out our contact form to schedule a free case evaluation with a personal injury attorney in Chicago..

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.