New Mexico Drowning & Pool Risks
Drowning incidents in this state can happen in many places and often involve hazards that should have been fixed long before anyone was hurt. Residential backyard pools, apartment complex pools, hotel and resort pools, community centers, and natural water such as lakes or irrigation canals can all be sites of serious accidents. When property owners cut corners on safety, families pay the price.
Property owners are expected to follow pool safety rules, including having proper barriers and secure gates, maintaining water clarity so swimmers are visible, and posting appropriate warnings. At hotels and apartment complexes, owners may have duties related to lifeguard staffing, pool rules, and equipment such as life rings or reaching poles. When these measures are ignored, a child or adult can slip beneath the surface without anyone noticing until it is too late.
Common drowning and pool incidents we see include:
- Children accessing a pool through a broken or unsecured fence or gate
- Guests or residents drowning in apartment or hotel pools with no effective supervision
- Near-drowning events leading to brain injury after delayed rescue
- Accidents involving missing safety covers or defective drains
- Drownings in murky water where staff failed to recognize a person in distress
Many of these tragedies are preventable when owners and operators follow basic safety standards. Our team investigates what really happened, including how a pool was designed, whether safety barriers were maintained, and what policies were in place for supervision and emergency response. When those responsible fail to uphold their obligations, we work to hold them accountable.
Who May Be Liable for a Drowning
After a drowning, families often hear quick explanations, such as “no one could have prevented this” or “it was just an accident.” In our experience, a thorough investigation frequently reveals that one or more people or companies failed to act reasonably. Identifying every responsible party is critical, because that is how we work to pursue full compensation for our clients.
Responsibility, or liability, can depend on where the incident occurred and what went wrong. A homeowner who leaves a pool unfenced, a landlord who ignores complaints about a broken gate, or a hotel that understaffs lifeguards can all contribute to a dangerous situation. In some cases, a product manufacturer may share blame if a defective drain, cover, or alarm contributed to the drowning.
Parties that may be liable in a drowning case include:
- Homeowners and landlords
- Hotel, resort, or apartment complex owners and operators
- Homeowners’ associations responsible for neighborhood or community pools
- Schools, camps, or youth organizations that run swim programs
- Third-party pool management or lifeguard staffing companies
- Manufacturers of pool equipment or safety devices
Sorting out liability in a drowning or pool case can be complicated, particularly when multiple insurers and corporate entities are involved. Our pool drowning attorneys are trial lawyers first, and we have taken on some of the largest companies in the country. We are not intimidated by national hotel brands, property management companies, or manufacturers with teams of defense lawyers. Our goal is to build a strong case that shows how negligence led to your family’s loss.
What to Do After a Drowning
Always seek medical attention for anyone involved, even if they seem to recover quickly. Near-drowning survivors can suffer internal injuries and brain damage from lack of oxygen, and some problems don't appear right away. Follow all medical advice and keep copies of discharge summaries, test results, and treatment plans.
If you are able, these actions can be helpful:
- Take photos or video of the pool area, including fences, gates, locks, and warning signs
- Write down what you remember about how the incident occurred and who was present
- Collect names and contact information for witnesses or staff members who were nearby
- Avoid discussing fault or giving detailed statements to insurers or property representatives
- Do not sign releases or settlement documents before speaking with an attorney
We recognize that many families cannot think about evidence in the middle of a crisis. That is why contacting a drowning lawyer in New Mexico as soon as possible is critical. When you reach out to us, we can begin working to preserve surveillance footage, maintenance records, and other critical information so you can focus on your loved ones.
Why Families Choose Our Firm
When a drowning or pool incident tears a family apart, they need more than a name on a billboard. They need a firm that treats their case with the focus it deserves, and that is how we approach every catastrophic injury and wrongful death matter.
We treat our clients like family. Families who come to us after a drowning are often grieving or caring for a loved one with severe brain damage. We stay in close contact, answer questions, and help clients find medical providers and resources. Our No Matter What mentality means we keep pushing for the best possible outcome, even when defendants try to delay or blame the victim.
Compensation & How We Help
No amount of money can undo a drowning or restore the losses your family has suffered. However, a successful case can provide the financial support needed for medical care, long-term assistance, and stability during a very difficult future. Our role is to fight for a result that reflects the full weight of what your family has endured.
In a wrongful death case, recoverable damages may include:
- Funeral and burial costs
- Lost income and services your loved one would have provided
- Loss of companionship, guidance, and support
In a near-drowning case with brain injury or other catastrophic harm, compensation can include:
- Current and future medical expenses
- Rehabilitation
- In-home care
- Lost earning capacity
- Pain and suffering
Every case is different, and we evaluate each family’s specific needs.
At Arnold & Itkin, we investigate drowning and pool incidents thoroughly. We work with appropriate professionals to analyze pool design, safety features, staffing levels, and emergency procedures when needed. We prepare every case for trial because we have seen how that preparation can lead to better settlements and verdicts. For families coping with lifelong brain injuries from a near-drowning, our focus is on pursuing life-changing recoveries that fund the care and support their loved one will need.
We handle these cases on a contingency fee basis. That means you don't pay any legal fees unless we secure a settlement or verdict for you, and we advance the costs of litigation while the case is pending. If you need a drowning attorney New Mexico families trust, someone you can count on to stand with you in and out of court, our firm is ready to talk with you.
Drowning Accident Lawyer in New Mexico: FAQs
How Soon Should I Call a Lawyer After a Drowning?
You should contact a lawyer as soon as you can after a drowning or near-drowning. Important evidence, such as surveillance footage and maintenance records, can be lost quickly. When you call us, we can begin working to protect your rights while you focus on your family.
What Will It Cost to Hire Your Drowning Accident Lawyers?
Our firm works on a contingency fee basis, so you won't pay us upfront. We advance case costs and only receive a fee if we win a settlement or verdict for you. This structure lets families pursue justice without taking on additional financial strain.
Can You Handle My Case If the Pool Is at a Hotel or Apartment Complex?
Yes, we handle cases involving large property owners, management companies, and their insurers. Our pool drowning attorneys prepare each case for trial and work to hold corporate defendants accountable when unsafe conditions at hotels or apartments contribute to a drowning.
What If My Child Survived Drowning but Has Brain Damage?
If your child survived a near-drowning but now has brain damage, a lawsuit can help you secure resources for long-term care, therapy, and support. We evaluate medical and life care needs and pursue compensation that is aimed at covering those future costs so your child can receive the treatment they need.
Talk To Our Pool Drowning Lawyers Today
If your family is facing the aftermath of a drowning or pool incident, you deserve answers and a team that will stand with you. At Arnold & Itkin, we bring national trial experience, record-setting results, and a deep commitment to treating clients like family to every case we handle.
There is no risk in reaching out. Consultations are free, and you pay nothing unless we win a recovery for you. One of our pool drowning attorneys in New Mexico can explain your options, answer your questions, and help you decide what to do next.
Call (505) 499-4859 today to speak with our legal team. We're ready to hear your story and see how we can help you.
