Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.
At Gelb & Gelb, P.C., our Maryland drowning lawyers understand the devastating impact a drowning incident can have on families. Particularly in the warmer months, drownings happen with startling regularity. In Maryland, drowning is the second leading cause of death for children ages zero to four. To put this in perspective, there are about 50 drowning deaths in Maryland each year alone. Zooming out, there are about 10 drowning deaths in the U.S. daily. Clearly, drowning is a serious problem and requires legal attention. While our legal team handles all types of personal injuries, drownings in particular consistently lead to hospitalization more than almost any other injury type. Over half of drowning victims in hospitals require admission to the hospital or transfer for further care, compared to about 6% of patients with other unintentional injuries.
But just because a drowning happens does not mean a third party is at fault. As a plaintiff in a drowning lawsuit or potential settlement, the burden rests with you to prove by a preponderance of the evidence that the property owner is at fault for the drowning. For over 70 years, Gelb & Gelb has fought for victims and their families across Maryland. Our work involves holding negligent parties accountable and securing the compensation clients need for medical care, funeral expenses, lost income, and emotional suffering. Since 1954, we have resolved over 10,000 personal injury cases and recovered over $400 million for our clients. If you lose a family member to drowning, you are not alone. Roger Gelb will listen to your story, explain your rights under Maryland law, investigate the circumstances, and aggressively pursue justice on your behalf.
Call our office today for a free case consultation at (202) 331-7227.
Pool drownings make up the most common category of drowning cases we handle. Here, we discuss residential pools, apartment complexes, hotels, public pools, private clubs, and other similar establishments. Of course, the legal duties of a residential homeowner differ from those of a hotel or rec center. In Maryland, homeowners are generally not held liable for injuries to trespassing children under the attractive nuisance theory, as Maryland does not recognize this doctrine. However, other codes, rules, and regulations still apply to residential pools, which can serve as a basis for liability to compensate you or your family.
Our pool drowning lawyers will work with you, reviewing a list of potential causes of action, to ensure that every option is exhausted and that you receive maximum compensation for your family. If the defendant is a private homeowner, we must prove that the owner was aware of the hazard and failed to warn you or rectify the hazard, thereby causing your injury. This is not an overly challenging responsibility for a homeowner to meet.
Meanwhile, the legal duties for a business are easier to establish. Generally, the owner of a public-use pool can be liable for less wrongful conduct. Even if the property owner was unaware of the hazard, should they have been aware of it? If so, that could constitute negligence.
Unfortunately, courts in Maryland do not support the attractive nuisance doctrine. See, e.g., Baltimore Gas & Elec. Co. v. Lane, 338 Md. 34 (1995). Under this rule, most courts require homeowners to take reasonable steps to prevent children from being harmed by dangers on their property, such as an unsecured pool. A property owner can generally avoid liability by installing a gate that meets code requirements and maintaining it properly. Founding Partner Joseph Gelb played a key role in shaping premises liability law relevant to Maryland by helping establish the attractive nuisance doctrine in Washington, D.C., through the appellate case McGettigan v. National Bank of Washington.
However, children generally cannot recover in a Maryland court, as ruled in the 1995 Baltimore Gas case, if they are trespassing at the time of drowning. Maryland is unique in its position and is accompanied by just one other state in the country in this view. Nonetheless, there are several other avenues to holding a property owner liable for a drowning injury or death for your child.
Negligence is a deviation from the standard of conduct by the defendant. This is true in any personal injury case, including drownings. Here, the landowner must conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of harm. If the deviation from that duty is the legal cause of injury, there is negligence. In drowning cases, particularly for those at a private home, whether the drowning victim is a foreseeable plaintiff is critical. Under Maryland law, a duty of care is owed only to foreseeable plaintiffs. In a drowning context, let’s imagine that a child is dropped off at a friend’s house and decides to go swimming. The child’s parents inform the homeowner that their child is an excellent swimmer, swimming dozens of laps daily.
Based on this information, and assuming that the child explicitly or implicitly confirms this, the child is not a foreseeable plaintiff for a drowning incident, and there is no duty of care owed.
A second common scenario at a Maryland pool is when several parents are supervising a pool, and a child tragically drowns. Who is responsible, then? At the least, the homeowner will still be responsible if they did not hire a lifeguard or take appropriate steps to protect the children’s safety. What are reasonable steps? They are steps that a reasonably prudent homeowner would take to protect against any foreseeable risks at a children’s pool party. If a failure to take those steps leads to a drowning, the homeowner could be liable.
In Maryland, the permissible number of people to swim in a pool depends on the depth of the pool. The Maryland Code considers the shallow area to be under five feet deep. Anything exceeding five feet of depth is the deep area. For a pool and its deck, one individual is allowed for every 12 square feet of water surface in shallow areas and 15 square feet in deep areas. Translating that into layman’s terms, the average private residential pool can fit the following:
Ultimately, whether the pool is overcrowded depends on the size of the pool and its depth. However, determining the exact number of people in the pool at any given time is very difficult due to the low resolution of any security camera, assuming we can even obtain the footage. Moreover, we must prove that the overcrowding is the proximate cause of the drowning, which is often, though not always, true.
Just as common as an overcrowded drowning are chaotic swimming conditions leading to drowning. This argument centers on demonstrating that the lifeguards breached their duty to maintain a reasonably safe and orderly environment. If we can prove chaotic pool conditions are the reason lifeguards did not notice the drowning, we may be successful in establishing liability.
Warning signs can absolve a property owner of liability. However, a warning sign is not the only way to do so. For example, if a hazard is already open and obvious, then a warning sign would be redundant and not provide any marginal benefit. That means the homeowner does not need to take action if the hazard is obvious. Generally, the same applies to public pools. However, Md. Code Regs.10.17.01.40 alters the common law and imposes a duty of care for the property owner.
Before reviewing the requirements for public pools and spas, please note that a violation of Maryland regulations must be the proximate cause of the drowning to support a personal injury claim. Without that connection, the violation may constitute a criminal offense but will not necessarily give rise to civil liability. Our legal team can help you distinguish between a criminal violation and a viable civil claim.
Regulations also require that a public pool have:
You may have heard horror stories about defective pool drains, suction outlets, or malfunctioning pool pumps that can lead to drownings. This is especially dangerous for children, whose hair, limbs, or clothing can become caught, leading to entrapment and drowning. These pool drownings happen, but they are rare.
Alcohol use is a major contributing factor in many drowning incidents. When an adult is supervising children swimming or swimmers of any age, they cannot perform their duty as well when they are impaired by alcohol. Of course, if a lifeguard is under the influence of alcohol, this is a gross deviation from the standard of care, and punitive damages may be in order in rare cases. However, more likely than not, alcohol usage will be relevant only in cases involving adults supervising other swimmers. If an adult clearly has taken the responsibility of supervising swimmers and is too slow in their reaction to danger or drowning because of alcohol, we should have a compelling case against the defendant.
On the other hand, if the person who drowned was drunk, this could bar the right to recovery. The defense will be that the decedent contributed to their own drowning through a contributory negligence defense. Unfortunately, this is a total bar to recovery in Maryland, one of just five jurisdictions in the country that follow this strict rule. However, just because the decedent was drunk does not mean that alcohol contributed to the drowning. Nonetheless, this is a strong defense for the defendant, one that may resonate with a judge or jury. Ultimately, we consider these cases holistically, and it is always worth consulting with an attorney to best understand your options.
Whether on the shore of the Chesapeake Bay or in Ocean City, Maryland, beach drownings happen with unfortunate regularity. Undoubtedly, beaches present more danger than pools due to nature’s unpredictability. There are at least two fundamental reasons why beach drownings occur. First, you may have noticed signs for how to evade strong currents and riptides. These are extremely dangerous and often invisible. Even a strong swimmer can be pulled out too far in a rip current, and a less experienced swimmer may panic, become exhausted, and drown.
The second reason why many beach drownings occur is due to sudden drop-offs. Many Maryland beaches have underwater terrain that changes abruptly. A swimmer may be enjoying the waves, bouncing slightly on the sand in the water, when the next jump does not catch any ground. Before the swimmer knows it, they are treading water, being pulled out further, and cannot find the ground. This causes many swimmers to panic. Unfortunately, this leads to adrenaline release and faster fatigue, which can lead to drowning.
So, when do you have a viable claim for a beach drowning? Any time there is a breach of a duty owed to a foreseeable drowning victim, there could be negligence. On a summer day, it is almost always reasonably foreseeable that someone could drown on a public beach in Ocean City. So, if the lifeguards leave a lifeguard chair unattended, the lifeguard is asleep, on their phone, or doing anything other than supervising the water, and a drowning occurs, you may have a case.
Boating and watercraft accidents almost lead to as many drownings as pools. In a single year, the Coast Guard counted 4,463 accidents that involved 701 deaths, 2,903 injuries, and approximately $49 million of damage to property as a result of recreational boating accidents. Moreover, of the drownings that occurred, 83% of the victims were not wearing life jackets. Also unsurprising, alcohol is the leading contributing factor, involved in about 15% of deaths. There are about 15 deaths in Maryland due to boating each year. If you live in Annapolis or around the Bay, you likely know a family who has lost a loved one under these circumstances. It is a heartbreaking story, and the person responsible is often a friend of the deceased.
However, that friendship should not always get in the way of using the boat’s insurance policy to cover education for the children of the drowning victim, especially because the insurance premiums will increase whether the policy is used or not. Damages may include funeral expenses, lost income that the victim’s family depended on, and other related losses.
So, how do we establish liability? While alcohol is the leading contributing factor, it is not always the legal cause of the accident. Below, we list the causes of drowning accidents while on a boat or jet ski.
At Gelb & Gelb, we handle all aspects of your claim. If it is a wrongful death case, we can assist with creating the estate for the decedent. Then, assuming there are no conflicts of interest, we can help pursue wrongful death claims and survival actions on behalf of each party entitled to a claim. To do so, we start with a thorough investigation. We review evidence, including witness statements, surveillance footage, safety records, and incident reports, to inform our assessment. In some instances, we cannot get the surveillance footage without a subpoena. Another critical aspect is identifying all liable parties. This could include property owners, pool operators, lifeguards, boat operators, manufacturers of defective equipment, or government entities.
Then, we link any liable parties with a law, rule, or regulation they may have violated. This could lead to a finding of per se negligence. We then collect all available evidence, build a strong legal case, consult with experts as appropriate, handle communication with insurers and opposing parties, commence negotiations for settlement, and pursue litigation when necessary.
Ultimately, it is our job to help you walk away with as much money as possible, in the form of monetary damages. In civil court, this is the best remedy available. To achieve this, we communicate with your private health insurer, medical providers, and any other parties with a lien on your case to get them to reduce their interest. If we are successful, this leaves more of the recovery available for you to walk away with.
While the statute of limitations for most drowning accidents in Maryland is three years, claims against government entities are subject to a one-year notice requirement, which limits the liability of the State and County. An exception to the one-year notice requirement is if the State or County already has constructive notice. This notice requirement should not apply to cases against private entities, such as private apartments, hotels, or homeowners. Although, it can be tricky to distinguish between a private and a public entity. Consult with Gelb & Gelb to discuss any time requirements.
Under MD State Government Code § 12-106, you generally must give written notice of your claim within one year of the injury if it is a claim against the Maryland government. If your claim is against the Maryland state government, you must notify the State Treasurer within one year of the injury. An interesting caveat here is that you cannot actually sue the State unless it first denies the claim. This means we are at their mercy if they want to be slow in settling the claim. While we have just one year to put the state on notice, the statute of limitations for most personal injuries against non-government entities, including drownings, is three years.
The claim must state the facts and the specific damages sought to properly put the defendant on notice.
Under MD Code § 5-304. Notice of claim, the requirements are slightly different. We follow this Section of the Code when the claim is against the County, as it often is in public pool drowning cases. As with a claim against the state, you still have just one year to put the County on notice. This is true no matter the county in Maryland.
The notice must state the time, place, and cause of the injury.
The compensation available in a drowning case in Maryland depends, in part, on your interest in the claim. For example, if you are a relative of the decedent, what you are entitled to is different from what the decedent’s estate has a claim to. In Maryland, the Maryland Courts and Judicial Proceedings Code, Section 6-401, governs survival actions. Under the common law, the right to compensation passes when the decedent passes. However, § 6-401 enables the estate to recover despite the victim no longer being with us. In a survival action, you may recover:
The value of a case varies significantly depending on several factors. Moreover, what your case is worth may be different from what you can recover. Often, we are working with insurance companies. That means there is a maximum that the insurance company will cover under the relevant policy. Of course, if we believe the defendant has assets, as with a private company or public entity, we will certainly pursue them irrespective of their insurance policy. For an individual, we will conduct an asset check if the potential value of the case warrants the cost of such an investigation.
It is our job to fight so you walk away with the maximum amount available after a drowning occurs. Call our office today to discuss your options at (202) 331-7227.
Anne Arundel County: Pools over 24 inches deep need a 4-foot barrier with self-latching gates. Above-ground ladders must be lockable or removable.
Baltimore County: Pools require a 48-inch barrier. Above-ground pools can use the pool wall if it is 48 inches tall. Ladders must be lockable. Pool covers do not count as barriers.
Calvert County: Pools over 24 inches deep require a building permit, code-compliant barrier, and a signed pool fence affidavit.
Harford County: Pools and spas over 24 inches deep must follow the 2021 International Swimming Pool and Spa Code. All require permits and barriers per code. Residential pools are for household use only; other pools are considered public.
Howard County: Pools over 24 inches deep need a permit, a 48-inch barrier, and inspections. Ladders must be lockable or fenced. Gates must self-close and self-latch. Alarms or covers are required if the house forms part of the barrier.
Montgomery County: Pools over 18 inches deep must have a 5-foot fence or secured property boundary. Gates must self-close and self-latch.
Prince George’s County: Pools over 24 inches deep require a building permit, a restoration bond, and a 6-foot fence. Site plans, building plans, and electrical permits (from a master electrician) are also required. Above-ground and in-ground pools must comply with zoning, tree conservation, and fencing regulations.
Washington County: Pools over 24 inches deep require a permit, a 48-inch barrier, and inspections. Above-ground pool ladders must be lockable, removable, or fenced. Gates must self-close and self-latch.
Wicomico County: Pools need a 4-foot barrier with no easy handholds. Ladders must be secured, removed, or fenced.
At Gelb & Gelb, we have been handling personal injuries of all kinds since 1954, and we have won over $400 million for our clients. Our initial consultation is always free.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.