ABSTRACT
The American judicial system provides members of the public with the opportunity to be compensated following an injury or death where negligence can be proven to the courts. In the majority of cases, the compensation is money. In most aquatic cases, death or injury resulting in lifelong care is often involved. Contributory negligence places the blame for an accident or fatal drowning on more than one cause. The concept of contributory negligence allows for the defense to argue that the injured plaintiff caused or at least contributed to his or her accident or drowning. Breach of duty requires that the plaintiff prove that the defendant did something a reasonable person owning the duty would not do, or did not do something that the same reasonable person would not do. A passive drowning involves a secondary event responsible for suddenly rendering a victim unconscious and submerging underwater without any signs of distress or struggle.
