{"id":6813,"date":"2026-11-08T02:54:42","date_gmt":"2026-11-08T02:54:42","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/wrongful-death-lawyer-premises-drowning-fatal-fall\/"},"modified":"2026-11-08T02:54:50","modified_gmt":"2026-11-08T02:54:50","slug":"wrongful-death-lawyer-premises-drowning-fatal-fall","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/wrongful-death-lawyer-premises-drowning-fatal-fall\/","title":{"rendered":"Drowning or Fall on Property Wrongful Death Lawyer, CA"},"content":{"rendered":"\n
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Premises Liability and Wrongful Death | Bakersfield, CA<\/p>

Families Facing a Drowning or Fall on Someone Else's Property Deserve Answers<\/h1>

Colvin Accident Lawyers represents families in Kern County and surrounding communities after a fatal drowning or fall on property. Your first consultation is free, confidential, and carries no obligation to continue.<\/p>

Request a Free Consultation<\/a><\/div>
Request a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Donald Norman Colvin \u00b7 Published November 7, 2026<\/p>\n\n

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A family that loses someone in a drowning or a fall on another person’s property may have a wrongful death claim in California. This page explains who can bring that claim, what property owners owed, and how the process usually works. If you’re looking for a wrongful death drowning or fall on property lawyer California families can talk with, Colvin Accident Lawyers in Bakersfield handles these matters.<\/p>\n

What a Wrongful Death Claim for a Fatal Drowning or Fall on Property Is<\/h2>\n

A wrongful death claim is a civil case brought after someone dies because another party’s wrongful act or negligence caused the death. It is separate from any criminal case.<\/p>\n

When the death happens on land, in a building, or at a pool or other structure someone else controls, lawyers often call the claim premises liability. The core idea is that the person in control of the property must take reasonable care toward people who enter it.<\/p>\n

Drowning cases usually involve pools, spas, canals, ponds, lakes, or flooded areas. Fatal fall cases often involve stairs, balconies, handrails, wet or uneven walkways, or unlit areas. Both raise the same first questions: who controlled the property, what they knew, and what deadline applies.<\/p>\n

Families often face these questions soon after a death, before they feel ready to make decisions. You don’t have to work through them alone.<\/p>\n\n

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If your family is facing a death after a drowning or fall on someone else's property, you don't have to sort out the next steps alone; our team can talk it through with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Who Can Bring the Claim Under California Law<\/h2>\n

Under Code of Civil Procedure \u00a7 377.60<\/a>, a wrongful death claim may be brought by the decedent’s surviving spouse or domestic partner and children. If there is no surviving issue, the people who would inherit the decedent’s property may bring it. If they were dependent on the decedent, a putative spouse, children of the putative spouse, stepchildren, parents, or legal guardians (if the parents are deceased) may also qualify, as may a minor who lived in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support.<\/p>\n

A survival action is a separate claim. Under Code of Civil Procedure \u00a7 377.30<\/a>, a surviving claim passes to the decedent’s successor in interest. The personal representative, or the successor in interest if there is none, may file it.<\/p>\n

Survival damages are narrower. Under Code of Civil Procedure \u00a7 377.34<\/a>, they generally do not include pain, suffering, or disfigurement, with limited exceptions tied to filing dates.<\/p>\n

Under Code of Civil Procedure \u00a7 335.1<\/a>, an action for the death of an individual caused by another’s wrongful act or neglect must be brought within two years. Exceptions turn on each case’s specifics, so check the deadline early. If a public entity owns the property, a government claim may come first. The LA County guide on suing a public agency<\/a> notes that such claims generally must be submitted within six months.<\/p>\n

Liability: What Property Owners Owed and Common Hazards<\/h2>\n

Under Civil Code \u00a7 1714<\/a>, a person is responsible for injury caused by a lack of ordinary care in managing their property. Cal. Civ. Code \u00a7 1714<\/a> reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” In plain terms, owners must act as a careful person would to prevent harm.<\/p>\n

Investigators ask two basic questions. Did the owner know about the hazard? If not, should they have known, and how long was it there?<\/p>\n

Safety rules can add weight. Under Evidence Code \u00a7 669<\/a>, the failure of a person to exercise due care is presumed if that person violated a statute, ordinance, or regulation of a public entity, the violation proximately caused death or injury, the death or injury resulted from an occurrence of the nature the statute, ordinance, or regulation was designed to prevent, and the injured person was one of the class of persons it was adopted to protect. The harm must be the kind the rule was meant to prevent, and the decedent must be someone the rule protects. The owner can rebut that presumption by showing they did what a careful person would have done.<\/p>\n

Common drowning hazards to examine:\n– Pools and spas without compliant barriers or self-closing gates\n– Missing or broken drain covers\n– No warning of depth, drop-offs, or currents\n– No rescue equipment where the rules call for it<\/p>\n

Common fall hazards to examine:\n– Broken or missing handrails and guardrails\n– Loose or damaged stairs and unsafe balconies or decks\n– Wet or uneven walkways and poor lighting\n– Known defects left unrepaired<\/p>\n

The defense may argue the decedent’s own conduct contributed. Those arguments are judged case by case.<\/p>\n

Damages in a California Wrongful Death Case<\/h2>\n

Damages fall into two groups: economic losses with a clear dollar cost, and non-economic losses such as lost companionship. Under Civil Code \u00a7 1431.2<\/a>, economic damages are objectively verifiable monetary losses. Examples include medical expenses, loss of earnings, and burial costs.<\/p>\n

Non-economic damages are subjective, non-monetary losses. The statute lists examples such as loss of society and companionship and loss of consortium.<\/p>\n

For wrongful death, Code of Civil Procedure \u00a7 377.61<\/a> says damages may be awarded as may be just under all the circumstances of the case, but may not include damages recoverable under Section 377.34. The court decides how the award is shared among the people entitled to bring the claim.<\/p>\n

Several liability is another rule to know. Under \u00a7 1431.2(a)<\/a>, each defendant pays non-economic damages only in direct proportion to its share of fault. Lawyers often call this Proposition 51.<\/p>\n

Families often gather these records:\n– The death certificate\n– Medical and emergency care records\n– Funeral and burial bills\n– Pay stubs, tax returns, or other income records\n– Photographs of the scene\n– Maintenance, permit, or repair records for the property<\/p>\n\n

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How the Process Works: Steps and Typical Timeline<\/h2>\n

Most claims move through the same steps: a consultation, evidence work, a claim to the insurer, and a lawsuit if the claim does not resolve.<\/p>\n

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  1. First consultation.<\/strong> The family explains what happened, where, who controlled the property, and what records exist. The firm reviews possible deadlines.<\/li>\n
  2. Preserve evidence.<\/strong> Save the pool, stairway, or walkway if possible. Request maintenance logs, camera footage, witness names, and medical records. Evidence can disappear quickly.<\/li>\n
  3. Investigate.<\/strong> Investigators may inspect the site and review permits and code requirements. They may bring in outside engineers or pool-safety reviewers when the facts call for it.<\/li>\n
  4. Present the claim.<\/strong> A written demand goes to the property owner’s insurer. It describes the liability facts and the losses.<\/li>\n
  5. File a lawsuit if needed.<\/strong> If a fair resolution does not come before the deadline requires action, a lawsuit is filed. Many cases resolve before trial.<\/li>\n
  6. Resolve the case.<\/strong> The case ends in settlement or trial. The family makes settlement decisions with the lawyer’s advice.<\/li>\n<\/ol>\n

    There is no fixed timeline. Investigation, insurer response, and court schedules all shape how long a case runs. If the decedent left property in an estate, the California Courts probate self-help guide<\/a> explains how a personal representative collects and distributes that property.<\/p>\n

    Why Families Contact Colvin Accident Lawyers<\/h2>\n

    Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. It handles wrongful death, premises liability, and catastrophic injury matters, along with car, truck, bus, and other accident claims.<\/p>\n

    Donald Norman Colvin is the responsible lawyer for this page. The firm’s team includes support staff who help families gather records and keep matters organized.<\/p>\n

    The firm represents clients in Kern County and in Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. Families in those areas can start with one conversation.<\/p>\n

    In a first conversation, expect questions about what happened, where, who controlled the property, what records exist, and what deadlines may apply. Results depend on the facts of each case, and past outcomes do not predict another case.<\/p>\n\n

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    Not sure what your next step is?<\/h3>

    Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

    Get a free consultation<\/a><\/div>
    Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

    Frequently Asked Questions About Drowning and Property Fall Wrongful Death Claims<\/h2>
    Can a family sue a property owner after a drowning on their land?<\/summary>

    Yes, a claim may be possible when the owner’s negligence contributed to the death. The facts decide whether it applies.<\/p>

    Check it early.<\/p>\n

    The court decides how any award is divided under \u00a7 377.61<\/a>.<\/p><\/details>

    Does it cost anything to talk with the firm?<\/summary>

    The first consultation is free, confidential, and carries no obligation to continue.<\/p><\/details>

    Should we talk to the insurer?<\/summary>

    It’s wise to speak with a lawyer before giving a recorded statement to an insurer.<\/p>

    If you’re reading this after a death in your family, you may still be deciding whether to speak with anyone. That’s a reasonable place to be. When you’re ready, call Colvin Accident Lawyers or reach out through our contact form<\/a> to talk through what happened.<\/p><\/details><\/article>\n