Drowning Accident Lawyer in New Orleans

Record-Setting Results for Louisiana Drowning Victims & Their Families

Drowning accidents are extremely devastating, often leading to permanent brain injuries, water inhalation injuries, and death. When a drowning or near-drowning happens because a property owner failed to maintain safe conditions, victims and their families deserve justice, but the legal path forward can be complicated. 

At Clayton, Frugé & Ward, we represent drowning accident victims and families throughout Louisiana, including in New Orleans, and we’ve built a track record that reflects what serious advocacy looks like. We have recovered over $1 billion in verdicts and settlements, including a $117 million verdict that stands as the largest single-injury verdict in Louisiana history. We take on these cases prepared to fight for every dollar our clients deserve.

Unique Drowning Risks in New Orleans

New Orleans faces a higher-than-average drowning risk for several overlapping reasons. Lake Pontchartrain has been the site of multiple fatal drowning incidents documented by local news, and the city’s dense concentration of hotel pools, short-term rental properties, and apartment complexes creates additional exposure. 

Nationally, drowning ranks among the leading causes of unintentional injury death, and children face some of the highest risk of any age group. That reality places significant responsibility on the property owners, managers, and operators who control access to water in this city.

Louisiana Premises Liability & the Attractive Nuisance Doctrine

Most pool-related claims rest on the legal concept of premises liability, or the obligation property owners have to maintain safe conditions for those who lawfully enter their property. Louisiana law extends this obligation in an important direction: the attractive nuisance doctrine can hold a property owner liable for injuries to a trespassing child when a hazard on the property, such as an unfenced or unsecured swimming pool, is likely to draw children in. Pools are one of the most frequently cited examples of an attractive nuisance under Louisiana law.

Your Time to File a Claim Is Limited

Filing deadlines matter. For premises liability claims arising from incidents on or after July 1, 2024, Louisiana law provides a two-year prescriptive period within which a lawsuit must be filed. For incidents before that date, the deadline is one year. Missing this window can bar recovery entirely, which is why contacting an attorney promptly after an incident is critical.

Wrongful Death & Survival Actions After a Fatal Drowning

When a drowning results in death, Louisiana law gives surviving family members two distinct legal paths. A wrongful death action under Civil Code article 2315.2 compensates the family for their own losses: grief, loss of support, loss of companionship. Priority to file goes first to the surviving spouse and children, then to surviving parents if there is no spouse or child, then to siblings, and then to grandparents. This claim must generally be filed within one year of the death or two years from the date of the injury, whichever is longer.

Louisiana also recognizes a survival action under Civil Code article 2315.1, which allows family members to pursue the personal injury damages the deceased victim would have been entitled to had they survived. These two claims are separate and can be pursued together. Which family members qualify and what each action covers depends on the specific facts; our New Orleans drowning accident lawyers can help you understand your legal rights and options.

Types of Drowning Claims We Handle

Near-drowning and fatal drowning incidents can happen in a wide range of settings. We help families pursue claims arising from drownings and near drownings in:

• Hotel and Resort Pools: Inadequate lifeguard supervision, missing safety barriers, or failure to close a pool during unsafe conditions
• Short-Term Rental Properties: Vacation rental owners who fail to secure pools, hot tubs, or water features or post the required safety warnings
• Apartment and Condominium Complexes: Property managers who neglect fencing requirements, drain safety standards, or routine pool or hot tub maintenance
• Public Pools: Privately and publicly operated facilities with inadequate staffing, equipment failures, or other hazards
• Open Water Sites: Natural bodies of water, including Lake Pontchartrain, where negligent supervision or absent safety measures contributed to an incident

We advocate for victims and families pursuing compensation for medical treatment, long-term disability care, lost income, pain, suffering, and related losses.

Why Families Choose Clayton, Frugé & Ward

Drowning cases are rarely simple. Defendants in these claims, particularly large hotel chains and property management companies, often have legal teams working to minimize their exposure from the moment an incident is reported. We have the experience, resources, and willingness to manage the complexity these cases demand, including cases other firms decline to take. We’ve secured multimillion-dollar settlements and verdicts, and we bring the same standard of preparation to every case we handle.

Our drowning accident attorneys in New Orleans come from diverse legal and cultural backgrounds that reflect Louisiana’s varied communities. That depth of connection matters in a city like New Orleans, where cultural context can shape how a case is understood and presented. We don’t identify as a firm for one community. We’re a firm for everyone in Louisiana, and we bring that perspective to every case we take on.

Start with a Free Case Review

A drowning injury or loss is one of the most devastating events a family can face. We offer free case reviews, so you can understand your legal options without any upfront cost or commitment. Our team can listen, evaluate what happened, and give you an honest assessment of your claim. We don’t charge unless we recover compensation for you.

Call (225) 209-9943 to speak with our drowning accident attorneys in New Orleans and get the compassionate, personalized legal help you need.