ABSTRACT
This chapter looks at one aspect of aquatic injuries, namely, drownings. It examines the civil legal liability of a public or private person or entity for a drowning. The chapter presents selected court opinions that overview how the courts look at the liability for a drowning. Strict liability is commonly referred to as "liability without fault." This is perhaps a misnomer when looked at in context. The idea behind strict liability is that liability will attach if the person is engaged in an activity that presents an abnormal risk of harm. The property owner of land containing a lake can be either a public or a private owner. The numerous lakes across the country are either natural or manmade, ranging in sizes and depths. Lakes provide a location for aquatic-related activities, creating many issues of liability for potential defendants. Many insurance policies, including life insurance policies, contain exceptions or exclusions, with one in particular being the aviation exclusion clause.
