Who is accountable for near drownings and what laws apply?

Any adult who was or should have been supervising the child (or an organization or business responsible for hiring such a person) may be liable for damage caused by a near drowning if their negligence caused or contributed to the incident.

Moreover, a person responsible for maintaining a premises where the near drowning occurred may be found liable if they violated the Occupier's Liability Act by not keeping the space reasonably safe for visitors. Finally, if another person's negligent or intentional actions cause the near drowning, they could be found liable under common law.

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