Mark Krudys addresses national audience on litigating a drowning case

On July 8, 2015, Mark Krudys and aquatics expert Kim William Tyson presented a nationally transmitted webinar entitled “Litigating a Drowning Case: Practice Tips and the Law.”  The presentation and related materials are available from  Topics covered in the webinar include the following:

Introduction of Mr. Tyson

Drowning statistics

Overview of the presentation – first practical, then substantive

Description of nature of cases

Practical Tips

Pre-filing investigation

Identifying persons with relevant information

Send spoliation letter

Identify expert witnesses

Categories of potential defendants


Matters to understand before embarking on discovery

Instinctive drowning response

Different than aquatic distress

Three types of victims

Description of drowning


Recognizing drowning

Drowning – What occurs?

Drowning process summary

Plaintiff’s experts

Aquatics expert

Emergency room physician

Medical examiner

Document requests

Pool inspection and photo plan

Jury selection issues

Opening statement

Plaintiff’s case-in-chief

Aquatics expert

Establish the standard of care

Describe the qualities and proper role of a professional lifeguard

RID Factor

Scanning challenges

Direct testimony regarding actions/inactions of the lifeguard

Cross of the lifeguards

Substantive law

Basis of the claim is generally a combination of common law duty and regulations – example discussed

Typical regulations

Theories of liability

Applicable standard of care

Premises liability

Product defects

Attractive nuisance

Willful and wanton misconduct

Negligence per se

Contributory negligence/ Assumption of the Risk

Charitable immunity

Helpful websites and sources of materials