When a parent hears that a child was pulled from the water and is breathing, the first feeling is relief.
They survived.
But survival does not always mean the child is unharmed.
A nonfatal drowning incident can cause serious injuries involving the brain, lungs, and other organs. Some children recover quickly. Others need hospitalization, rehabilitation, counseling, or long-term medical care. A child may look alert at first and still develop breathing problems, neurological symptoms, or emotional trauma afterward.
Parents deserve more than the reassurance that their child “made it.”
They deserve to know what happened, how long the child was underwater, who was supervising, how quickly emergency care began, and whether reasonable safety measures could have prevented the incident.
“Near-Drowning” Is More Accurately Called Nonfatal Drowning
The phrase “near-drowning” is still commonly used, but medical professionals generally use the term nonfatal drowning.
Drowning occurs when submersion or immersion in water causes breathing impairment. When the person survives, the event is classified as nonfatal drowning, whether or not lasting injuries are immediately visible.
That distinction matters because the outcome can range from a complete recovery to permanent neurological damage.
A child who is awake after a rescue may still have experienced oxygen deprivation, inhaled water, or suffered trauma during the emergency. Statements such as “they seem fine now” should never replace appropriate medical evaluation.
Start With the Child’s Health
Call 911 immediately when a child:
- Is unconscious or difficult to wake
- Is not breathing normally
- Has blue or gray lips or skin
- Is confused or behaving unusually
- Has persistent coughing or trouble breathing
- Vomits repeatedly
- Experiences a seizure
- Required rescue breathing or CPR
- Lost consciousness at any point
Do not rely only on the opinion of a lifeguard, counselor, hotel employee, or homeowner. Even trained staff members cannot rule out oxygen deprivation, lung injury, or neurological harm without proper medical evaluation.
Parents should also follow discharge instructions carefully and seek additional care if symptoms develop or worsen.
Brain Injury From Oxygen Deprivation
The brain depends on a constant supply of oxygen. When a child cannot breathe underwater, oxygen levels may fall quickly.
A hypoxic brain injury can affect memory, movement, speech, behavior, concentration, and learning. Severe injuries may cause seizures, physical disability, or the need for lifelong care.
Possible warning signs include:
- Confusion or unusual sleepiness
- Changes in balance or coordination
- Weakness
- Difficulty speaking
- Memory problems
- Seizures
- Changes in personality or behavior
- Developmental setbacks
Some neurological problems are immediately obvious. Others may become clearer over time, especially in younger children who cannot explain what feels different.
Parents should keep every hospital record, imaging report, neurological evaluation, therapy recommendation, and school assessment. These records may become important in understanding the child’s long-term needs.
Lung and Breathing Complications
Water entering the airway can interfere with oxygen exchange and irritate or damage the lungs.
Potential complications may include low oxygen levels, lung inflammation, aspiration-related injury, pneumonia, pulmonary edema, or acute respiratory distress.
Seek immediate medical care if a child develops:
- Worsening coughing
- Fast or difficult breathing
- Chest discomfort
- Wheezing
- Unusual fatigue
- Trouble speaking normally
- Pale, blue, or gray skin
Parents should tell medical providers whether the incident occurred in a chlorinated pool, lake, ocean, hot tub, or contaminated water. The setting may affect the child’s evaluation and treatment.
What About “Dry Drowning”?
Parents may see frightening stories online about “dry drowning” or “secondary drowning.”
Those are not accepted medical diagnoses.
The important question is whether the child experienced breathing impairment, loss of consciousness, aspiration, oxygen deprivation, or ongoing symptoms after being removed from the water.
A child who has persistent coughing, abnormal breathing, confusion, unusual behavior, or another concerning symptom should be evaluated immediately. Parents should follow medical guidance rather than dismissing symptoms or panicking over misleading terminology.
Emotional Trauma Is Also Real
A child may physically recover and still struggle emotionally.
Parents may notice:
- Fear of pools, beaches, bathtubs, or swimming lessons
- Nightmares or sleep problems
- Separation anxiety
- Irritability or emotional outbursts
- Avoidance of water-related activities
- Difficulty concentrating
- Repeatedly talking about or reenacting the incident
Some children recover with reassurance and support. Others may benefit from counseling with a professional experienced in childhood trauma.
The emotional effects on parents and siblings can also be significant. A family may become fearful, hypervigilant, or overwhelmed by guilt even when the incident was caused by another person’s failure.
Where These Near Drowning Injuries and Incidents Can Happen
A nonfatal drowning incident can occur anywhere children have access to water, including:
- Private swimming pools
- Apartment and condominium pools
- Hotels and resorts
- Summer camps
- Daycare centers
- Water parks
- Public beaches
- Lakes and rivers
- Boating activities
- School swimming programs
- Hot tubs and spas
- Bathtubs
- Retention ponds
Each location creates different safety responsibilities.
A hotel may be responsible for pool gates and deck conditions. A camp may be responsible for lifeguard staffing, head counts, and swim tests. A homeowner may have failed to secure a pool. A boating company may have failed to provide properly fitted life jackets.
Inadequate Supervision
Drowning is often silent. A child may not be able to yell, wave, or visibly struggle.
Active supervision means more than having an adult somewhere nearby.
Parents should ask:
- Who was assigned to watch the child?
- How many children were they supervising?
- Was the person distracted or performing another task?
- Did staff know the child’s swimming ability?
- When was the child last seen before the emergency?
- Who first noticed the child was missing or in distress?
- Was a lifeguard present and properly positioned?
A crowded pool, busy beach, or large group does not reduce the need for supervision. It makes proper supervision more important.
Missing or Defective Pool Barriers
Young children can reach water quickly and quietly.
Potential safety failures include:
- A missing fence
- A gate that did not latch
- A propped-open pool entrance
- Broken locks
- Disabled door alarms
- Furniture placed near a fence
- Unsecured hot tubs
- A known barrier problem that was never repaired
Inspection records, maintenance requests, photographs, surveillance footage, and prior complaints may show whether the condition existed before the incident.
Lifeguard and Water-Safety Failures
The presence of a lifeguard does not automatically mean the area was properly supervised.
An investigation may need to determine:
- Whether the lifeguard was properly trained
- Where the lifeguard was positioned
- Whether glare, crowding, or structures blocked visibility
- Whether the lifeguard was distracted
- Whether staffing levels were adequate
- Whether required breaks and rotations occurred
- Whether rescue equipment was available
- How quickly the emergency was recognized
At camps and organized programs, counselors may also be responsible for buddy checks, head counts, and monitoring weak swimmers.
Unsafe Conditions and Delayed Emergency Response
Some incidents involve more than poor supervision.
Potential hazards include:
- Cloudy water that prevents visibility
- Unsafe water depth
- Defective drains or suction systems
- Missing depth markings
- Broken ladders or handrails
- Unsafe diving areas
- Strong currents
- Missing or poorly fitted life jackets
- Defective flotation devices
- Failure to close an area during dangerous conditions
Seconds also matter after a child is discovered.
A delayed response may occur when no one notices the child is missing, staff members do not know who should call 911, emergency equipment cannot be found, or employees underestimate the seriousness of the situation.
Parents should request a complete timeline: when the child entered the water, when the emergency was discovered, when the child was removed, when CPR began, and when 911 was called.
Records Parents Should Preserve
Evidence can disappear quickly after a water emergency.
Ask the responsible parties to preserve:
- Surveillance and cellphone video
- Incident and rescue reports
- 911 recordings
- Lifeguard schedules and certifications
- Counselor assignments
- Swim tests and head-count records
- Pool inspection and maintenance records
- Gate, fence, alarm, and lock repair records
- Emergency plans and training records
- Prior complaints or similar incidents
- Waivers and enrollment forms
Parents should keep medical records, bills, photographs, messages, damaged property, and notes from every conversation.
Also keep a record of the child’s recovery, including therapy, school difficulties, sleep changes, fear of water, breathing problems, and behavioral changes.
Who May Be Responsible?
Depending on the circumstances, potentially responsible parties may include:
- A homeowner
- A landlord or property manager
- A hotel or resort
- A pool management company
- A water park operator
- A summer camp or daycare
- A school or municipality
- A lifeguard staffing company
- A boating or recreational operator
- A maintenance contractor
- A manufacturer of defective safety equipment
More than one party may share responsibility.
What If a Parent Signed a Waiver?
Pools, camps, water parks, and recreational businesses often require liability waivers.
Do not assume the waiver ends the matter.
Its legal effect depends on the wording, the law of the state, the conduct involved, and whether the document attempts to waive the rights of a child. A waiver may not protect a business from every form of negligent or reckless conduct.
Keep a complete copy of anything you signed, but do not let it stop you from asking questions or seeking legal advice.
When Should a Parent Speak With an Attorney?
Consider contacting an attorney when:
- The child lost consciousness or required CPR
- The child was hospitalized
- Brain or lung injury is suspected
- Long-term treatment may be needed
- Supervision was inadequate
- A pool gate or safety barrier failed
- The facility delayed calling 911
- The explanation keeps changing
- Records or video are being withheld
A lawyer can help preserve evidence, identify responsible parties, obtain safety and staffing records, review insurance coverage, and consult appropriate experts.
Depending on the case, compensation may address emergency care, hospitalization, rehabilitation, counseling, future medical needs, disability, pain, and the impact on the child’s daily life.
Survival Should Not End the Questions
Parents can be grateful that their child survived while still demanding answers.
They have the right to ask why the child entered the water unnoticed, why no one recognized the emergency sooner, whether required safety measures were in place, and whether a faster response could have reduced the harm.
A child’s survival does not erase brain injury, lung damage, emotional trauma, or the possibility of lifelong care.
If your child suffered a serious nonfatal drowning injury because someone failed to provide appropriate supervision, maintain safe property, or respond promptly to an emergency, Thomas & Wickenheiser can help your family understand what happened and what options may be available. Contact us for a free and confidential consultation.
References
[1] Centers for Disease Control and Prevention, Drowning Prevention
https://www.cdc.gov/drowning/
[2] MedlinePlus, Non-Fatal Drowning
https://medlineplus.gov/ency/article/000046.htm
[3] American Red Cross, Water Safety
https://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/water-safety.html
[4] American Academy of Pediatrics, Prevention of Drowning
https://publications.aap.org/pediatrics/
