Cleveland Drowning Accident Lawyer | Call (216) 931-7000

Frank E. Piscitelli, Jr. is an experienced Cleveland lawyer who has spent over three decades representing victims and surviving family members in complex personal injury and wrongful death cases, including those involving accidental drowning.

As the founder of Piscitelli Law Firm, Frank brings a hands-on, client-first approach to every case, offering focused legal representation to those affected by tragedy.

He understands the emotional devastation families face after fatal or near-fatal aquatic accidents, and works relentlessly to uncover what went wrong and who should be held accountable.

Frank is a skilled drowning attorney who knows how to investigate pool safety violations, inadequate supervision, and other forms of negligence that often lead to accidental drowning.

His commitment to justice means every client receives personalized attention, strategic advocacy, and a legal partner who genuinely cares about the outcome.

Frank works closely with expert witnesses and safety professionals to build strong, evidence-based cases on behalf of his clients.

He is known for taking on difficult cases and securing meaningful results, both in and out of the courtroom.

When your family needs an advocate after a water-related tragedy, Frank Piscitelli is the experienced lawyer you can trust.

If you or a loved one has suffered serious injury or loss due to a drowning incident caused by unsafe conditions, lack of supervision, or negligence, you may be eligible to file a drowning accident claim.

Contact the Piscitelli Law Firm today for a free consultation, or use the chat feature on this page to find out if you qualify for a drowning accident claim instantly.

How Much Does it Cost to Hire a Drowning Accident Attorney from Piscitelli Law Firm?

At Piscitelli Law Firm, we handle drowning accident cases on a contingency fee basis, which means you pay no upfront fees or hourly charges.

We only collect a fee if we successfully recover compensation through a settlement or verdict in your favor.

This approach allows families facing unexpected tragedy to pursue justice without worrying about immediate legal costs.

It also ensures that our firm is fully invested in your case—our success depends on achieving a successful outcome for you.

By working on contingency, we make high-quality legal representation accessible to families seeking accountability after a drowning accident.

An unintentional drowning is a devastating event that can leave families overwhelmed with grief, confusion, and unanswered questions.

In the aftermath, it’s critical to take immediate steps to protect your legal rights and begin understanding how the incident occurred.

Whether the drowning happened at a private residence, public pool, or commercial facility, the property owner may have failed to implement proper safety measures that could have prevented the tragedy.

Dealing with an insurance company so soon after a loss can be difficult, especially when emotions are high and facts are still unclear.

These companies often try to minimize liability or quickly offer settlements that don’t reflect the true extent of your loss.

Knowing what steps to take in the hours and days following the incident can help you seek accountability and begin the legal process with confidence.

Here are the key steps to take after an accidental drowning:

1. Seek emergency medical care if the victim survived but is in critical condition.
2. Report the incident to local authorities and request an official investigation.
3. Preserve evidence, including photos of the scene, witness contact information, and any available surveillance footage.
4. Avoid speaking with the property owner’s insurance company until you have legal representation.
5. Request copies of police reports, incident records, and medical evaluations for documentation.
6. Consult a drowning accident attorney to review the facts and determine whether negligence played a role.
7. Refrain from signing any documents or accepting settlement offers without first speaking to a lawyer.
8. Begin a case evaluation to determine your eligibility to file a wrongful death or personal injury claim.

Proving Negligence in a Drowning Accident Case

To succeed in drowning cases under Ohio law, you must prove that a negligent party failed to uphold a duty of care, and that failure directly caused the drowning injury or death.

Most drowning accident claims fall under Ohio’s premises liability laws, which hold property owners responsible when they fail to maintain reasonably safe conditions for guests or visitors.

According to Ohio Revised Code § 2305.40, individuals or entities in control of a premises can be held liable if they knew or should have known about dangerous conditions and failed to act.

In the context of a drowning, this could mean broken gates, missing warning signs, or a lack of life-saving equipment near the water.

Negligent supervision is also a common issue, particularly in cases involving children, where failure to monitor activity or enforce pool rules can be grounds for liability.

Lifeguard negligence may apply when a trained professional failed to act promptly or appropriately in a life-threatening situation.

Even in unsupervised settings, property owners have a duty to implement basic safety precautions around pools, retention ponds, and recreational water areas.

Each case requires a detailed investigation to determine whether the defendant’s actions—or inaction—constituted a breach of duty that led to preventable harm.

Drowning is a leading cause of unintentional death and serious injury, particularly when safety rules are ignored or proper precautions are not taken.

Many of these tragedies occur not because of unforeseeable accidents, but due to preventable acts of negligence.

Property owners, operators, and supervisors have a legal duty to maintain safe environments around water—and when they fail, they can be held responsible.

A swimming pool accident, for example, may result from broken gates, lack of fencing, or failure to post warning signs.

Retention ponds, boating incidents, and water park injuries often involve overlooked hazards, lack of supervision, or defective equipment.

Whether the incident involves a swimming pool injury at a private home or a lack of trained staff at a public facility, the consequences for victims and their families can be life-altering.

Common situations that may lead to negligent drowning accidents include:

• Swimming pool drowning due to lack of fencing, broken locks, or improper signage
• Swimming pool injury caused by slippery surfaces, faulty drains, or unsecured diving boards
• Lifeguard negligence or lack of supervision at public pools and beaches
• Retention pond accidents, especially where no barriers or warning signs were in place
• Water park incidents involving overcrowding, malfunctioning rides, or poor staff training
• Hotel or apartment complex pool accidents with inadequate lighting or missing safety equipment
• Boating accidents caused by operator error, lack of life jackets, or alcohol use
• Child drownings in unsecured home pools or improperly maintained community swimming areas

How Drowning Accidents Occur

Most drowning accidents are not the result of unforeseeable mishaps—they occur because someone failed to take proper precautions or ignored known risks.

In many cases, property owners or operators overlook critical safety steps such as installing secure fencing, locking gates, or posting clear warning signs around water.

Others fail to provide adequate supervision, allowing children or non-swimmers to access dangerous areas without oversight.

Lifeguards may be distracted, improperly trained, or entirely absent, leaving swimmers vulnerable in emergencies.

Negligent maintenance can also lead to defective pool equipment, slippery surfaces, or cloudy water that obscures a struggling swimmer from view.

In public and commercial settings, overcrowding and poorly enforced safety policies often increase the risk of a drowning emergency.

Lack of accessible life-saving equipment—like reaching poles or flotation devices—can delay rescue efforts and lead to fatal outcomes.

Ultimately, many drowning accidents occur when those responsible for safety breach their legal duty to protect others from preventable harm.

In Ohio, injury victims and families who have lost a loved one in a drowning incident have the right to pursue a legal claim if negligence contributed to the harm.

Under Ohio Revised Code § 2305.10, a personal injury or wrongful death lawsuit must typically be filed within two years of the incident.

In drowning cases, this legal right applies when pool owners, property managers, or supervising entities failed to take reasonable steps to prevent the accident.

Ohio’s premises liability laws require that property owners maintain safe conditions and warn of known hazards—especially in places where children are likely to be present.

When a child drowned due to a lack of fencing, supervision, or safety equipment, those responsible can be held liable for failing to protect against a foreseeable risk.

Drowning deaths are often the result of overlooked maintenance, inadequate staffing, or poor adherence to water safety standards.

A legal claim allows families to seek compensation for medical expenses, funeral costs, emotional distress, and other damages caused by the tragedy.

Working with an attorney experienced in drowning cases can help ensure each step of the legal process is handled thoroughly and strategically.

Here is what the legal process typically looks like:

1. Initial Consultation – Meet with a drowning accident attorney to review the incident and determine if negligence may have occurred.
2. Investigation and Evidence Collection – Gather photos, witness statements, safety inspection records, and surveillance footage to build the case.
3. Identify Liable Parties – Determine whether a property owner, pool operator, lifeguard company, or other entity can be held liable.
4. Filing the Claim – File a personal injury or wrongful death lawsuit within Ohio’s statutory deadlines.
5. Pre-Trial Discovery – Exchange evidence, depose witnesses, and consult expert testimony related to water safety and supervision standards.
6. Settlement Negotiations – Engage in discussions with the defendant’s insurance company to try to resolve the case outside of court.
7. Trial (if necessary) – Present the case in front of a judge or jury if a fair settlement cannot be reached.
8. Compensation and Case Resolution – If successful, recover damages for medical costs, funeral expenses, pain and suffering, and long-term losses.

Gathering Evidence for Drowning Cases

Evidence is the foundation of any successful drowning accident claim—it establishes how the incident occurred, who was responsible, and what safety failures contributed to the harm.

In many cases, the cause of a drowning is not immediately clear, making it critical to collect and preserve all available documentation as early as possible.

A thorough investigation supported by credible evidence helps injury victims and families build a strong case and pursue full accountability.

Important evidence in drowning cases may include:

• Incident reports from police, emergency responders, or facility staff
• Surveillance footage from the pool or surrounding area
• Photographs of the scene, safety signage, and pool conditions
• Eyewitness statements from guests, employees, or bystanders
• Maintenance logs or inspection records for the pool or facility
• Lifeguard schedules and certifications (if applicable)
• Medical records detailing injuries or cause of death
• Expert analysis of pool safety standards or drowning response protocols
• Records of prior safety violations or complaints against the property owner or facility

Damages in Drowning Accident Claims

In a civil lawsuit, damages refer to the legal remedy awarded to victims or their families for losses caused by someone else’s negligence.

In drowning accident claims, these damages are meant to provide financial compensation for both measurable expenses and the emotional toll of the incident.

Courts may award economic damages—like medical bills, funeral costs, and lost income—as well as non-economic damages for pain, suffering, and loss of companionship.

These damages help families recover from the financial burden of a tragedy and acknowledge the profound emotional impact of a drowning death or injury.

Common types of damages in drowning cases include:

• Emergency medical expenses and hospital bills
• Funeral and burial costs in fatal drowning incidents
• Loss of future earnings or financial support
• Pain and suffering endured by the victim prior to death
• Emotional distress and loss of companionship for surviving family members
• Loss of enjoyment of life in non-fatal drowning injuries
• Long-term care costs for victims who suffer brain damage or permanent disability
• Punitive damages in cases involving gross negligence or reckless conduct

At Piscitelli Law Firm, we understand the devastation families face after a drowning victim suffers fatal or life-altering harm due to negligence.

Whether the case involves unintentional injuries at a public pool, a near-drowning accident in a private setting, or a failure to follow basic safety protocols, we are here to help you seek justice.

As a dedicated personal injury law firm, we focus on serious cases that require careful attention, experienced legal strategy, and compassion for what families are going through.

We represent family members who are grieving or caring for a loved one injured in a preventable drowning, holding negligent parties accountable under Ohio law.

Attorney Frank Piscitelli handles each case personally, using decades of experience to build strong claims and pursue meaningful outcomes.

We investigate every angle, consult with safety and medical experts, and fight for fair compensation that reflects the true impact of the tragedy.

Contact the Piscitelli Law Firm today for a free consultation.

Speak directly with a trusted Cleveland drowning accident lawyer from our law firm to learn your legal options and find out if you have a case.

You can also use the chat feature on this page to find out if you qualify for a drowning accident claim instantly.