Man Drowns at Apartment Complex in Austin, Texas

Posted by Jesse Guerra on May 14, 2012

Yet another tragic drowning at an apartment complex has occurred in Texas.  Jesse Guerra, our national drowning accident attorney was saddened to hear that yet another Texas drowning occurred.  However this drowning was a little different than most others as a man drowned in a hot tub rather than in a pool.

KVUE reported that a man was found in Austin floating in a hot tub of an Austin, Texas apartment complex.  911 was called at 3:30 a.m. on May 8th by an unnamed man and woman.  Dispatchers were told that a man was floating in the hot tub at the Retreat Barton Creek Apartment complex off South Lamar in Austin, Texas.  Officers arrived at the scene and found the man face down in the complex’s hot tub, just as described by the callers.  Homicide detective were called to the scene, and are currently investigating.  The Travis County Medical Examiner’s Office is also conducting an autopsy.  The victim has not been identified, and it is unclear whether he lived in the apartment complex.

Texas apartment pool drowning lawyers know that when the cause of death in a drowning accident is not apparent it is difficult for family members to seek judicial relief.  In this particular case the victim has yet to be identified, and thus some of the man’s family members have not been notified yet.  When the family is eventually notified they will undoubtedly have many questions about how this could have happened.  Thankfully, in this case, the police will have already conducted an investigation, and hopefully determined the cause of death. 

In a case where the victim’s family is brining a civil suit after a drowning or near drowning, such as an allegation of negligence by an apartment complex owner and/or operator, their apartment pool accident attorney must convince a jury that their side of the story is the correct version.  An attorney must prove their facts and elements of the alleged negligence by “a preponderance of the evidence”.  This is a legal term without a hard definition, but is generally means “more than 50 percent.”  Therefore, if the jury believes the attorney’s version of the facts and that the elements of the crime have been met by more than 50 percent, than the attorney has proved his case.

Our Austin swimming pool accident attorney has worked with many victims harmed in a wide range of apartment drowning accidents.  Our firm has vast experience in these types of cases, and understands all of the legal issues related to these events.  Our firm can examine the particular facts of your case and determine if you will be able to prove your case by a preponderance of the evidence.  If you or someone you know has been involved in a drowning or near-drowning like this case, please contact the J. Guerra Law Firm to learn more about how we can help you.

 

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A Pool Safety Success Story

Texas Drowning Death Remains Under Investigation

Medical Examiner Deems Swimming Pool Death An Accident

Posted by Jesse Guerra on October 13, 2011

Our swimming pool drowning attorney knows that determining the cause of death in most swimming pool accidents is easy.  In a public pool, there are typically many others who witness the accident.  It is usually obvious that an accidental drowning was the cause of death.  Even when a swimming pool drowning accident occurs in a private pool, there are often witnesses who can describe the events as they occurred, helping authorities to understand the situation.  But when a dead body is discovered in a swimming pool after the fact, it is not always obvious that the individual actually drown in an accident.  Sometimes the deceased drown as a result of foul play.  Occasionally the death has nothing to do with a pool at all, but instead is simply the location where the body is dumped.


As The Walton Sun recently reported, a medical examiner’s report concluded that the death of an area businessman was an accident.  In July, the dead body of a 50 year old man was discovered in his estranged wife’s swimming pool.  He was found with his body submerged under water in the deep end, where the depth was 8 feet.broken fence.jpg 

Because of the circumstances surrounding the discovery of the body, local officials performed an autopsy.  The medical examiner determined that his neck and back injuries were consistent with a diving accident.  Toxicology results show that he had alcohol and a number of prescription medications in his blood when he died.   Examiners were not able to determine if he was conscious or not when he drowned.

Cases like this, where the cause of death is not obvious, can be challenging for family members trying to seek judicial relief.  An attorney representing the injured party or victim’s family members has the burden of convincing a jury what happened.  In a negligence suit, for example, the lawyer will need to show what caused the man’s death and all the elements of negligence.  For example, in addition to showing that the owner had a duty to enclose the pool with a fence and breached that duty, the lawyer will need to show that the man accidently died when he fell in the pool.

Negligence is an example of a civil suit.  In a civil case, the burden of proof is the preponderance of evidence.  Though there is no exact formula for determining what this means, generally it is understood to mean more than 50 percent.  So, if a jury thinks that there is more than a 50% chance that the man accidently drown while drunk and there was no fence to protect him from stumbling into the pool, then the case against the pool owner might be successful.

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Teenager with Seizures Dies in Swimming Pool Accident

Posted by Jesse Guerra on September 28, 2011

Drowning is one of the most common causes of swimming pool accidents.  But the causes of drowning accidents are diverse.  Some drowning victims are individuals who cannot swim and have difficulty after they enter water that is too deep.  Others are strong swimmers who run into trouble when they get tired.  Still others drown when an unrelated underlying conditions cause them to lose consciousness. 

Understanding the factors that lead to a particular drowning is critical when assessing liability afterwards.  Stuff recently published an article about the story of young man with a seizure condition who died six days after losing consciousness in a pool.  The sixteen year old was in a pool with two friends.  Before the accident, the youngsters had been competing to see who could hold their breath the longest.  One of the kids realized there was a problem when he noticed this friend had not surfaced for a while.  The teenage was brought to a nearby hospital and remained unconscious for six days.  He died of related brain injuries.

It is not clear if the young man was holding his breath when he lost consciousness.  However, the coroner did discover that the boy was not taking his anti-seizure medication at the time of the accident.  The coroner did not express any concerns about the safety of the pool.  It thus seems likely that a seizure caused him to lose consciousness and fall to the bottom of the pool, preventing him from breathing.

As our Texas swimming pool accident attorney knows, many substances can interfere with a swimmer’s ability to use water safety.  Pool owners and operators must take care that all swimmers can use pools without the risk of injury.  While this does not mean preventing individuals with special needs from using pools, it does mean providing extra protective measures when the owner or operator has knowledge of special circumstances.

Private backyard pools should always be protected by a gate, because young children in the neighborhood might be attracted to the pool and use it without supervision.  It is negligence of a pool owner not to prevent small children from entering a pool without an adult present.  Similarly, if a pool owner or operator knows that a swimmer has a condition that could increase the chances of an accident, it is negligent not to provide extra assistance.  For example, knowing that a guest might lose consciousness because of a seizure disorder is enough to raise the standard of care.  The same is true if the guest has an impairment such as decreased vision or mobility,  In these situations, it is important to have an adult present who is trained in CPR to provide assistance if necessary.

The swimming pool accident lawyer at the J. Guerra Law Firm have years of experience dealing with the aftermath of swimming pool accidents.  In the event that you or someone you know experiences a swimming pool related injury, contact us.  We can examine the circumstances that led to the accident and help you determine if there was negligence that gives rise to a viable lawsuit.

 

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Boy with Rare Form of Epilepsy Died in Neighbor’s Swimming Pool

Public Pool Found Negligent for Diving Blocks Near Shallow End

More Information Emerging About Massachusetts Drowning Death

Posted by Jesse Guerra on September 20, 2011

Much attention remains focused on the swimming pool drowning of Marie Joseph, a Massachusetts woman whose body was discovered in a public pool two days after her death.  As the release of the final report regarding her death comes closer, more information about the circumstances that lead to the tragic accident have recently been released.  It is important to understand the circumstances that led to this accident.  Our swimming pool accident attorney closely monitors all swimming pool accident related news and believes that there is much that can be learned from these tragedies.

As the Herald News recently wrote, the 36 year old woman died in June.  Her dead body remained undiscovered in the pool for two days.  Initial reports suggested that her body was not found sooner because cloudy water kept visibility limited to only four feet.  The area of the pool where she died was twelve feet deep.

Security cameras taped the events and the videos shed additional light on how the accident occurred.  As recorded on tape, Joseph slid down a slide into the deep end of the pool.  Her head and body came above the surface of the water and then slipped below.  At the same instant, the lifeguard watching the deep end of the pool was distracted by events in another area.  A little more than ten minutes later, lifeguards closed the deep end of the pool, because of the poor visibility of the water.  Joseph’s body was not found until two days later, when it rose to the surface.

Prosecutors are determining if there was negligence or even criminal activity involved.  Preliminary reports suggest that both the city and the Department of Conservation and Recreation were negligent.  When others are negligent resulting in harm to a swimmer, then a swimming pool accident lawsuit can be file by the victims or their families.  Generally, legal representative for the victim will work to show that there is a connection between the inaction and cause of death.  There must be a connection between the two events and attorneys must prove that the second event was caused at least in part by the misconduct or failure to act appropriately.

buoys.jpgIn this case, lawyers representing Joseph’s family will probably focus on the two days between the accident and the discovery of Joseph’s body.  They will need to demonstrate that if the water had been clearer, lifeguards would have discovered Joseph more quickly.  If Joseph had been rescued soon after falling beneath the surface of the water, authorities might have been able to save her by administering CPR.

Jesse Guerra, our swimming pool accident attorney has worked on dozens of cases proving the causal link between accidents and the negligence that preceded them.  Often accidents are just mistakes.  Systematic carelessness, however, is a sign of something more serious.  If you or a loved one is the victim of a swimming pool accident, contact our office.  We can help you determine if there is a viable legal action against the pool owner or operator.  A lawsuit cannot undo the accident, but it can help cover the cost of medical bills and other expenses. 

 

See Related Blog Posts

Bizarre Drowning Death of Massachusetts Woman Is a Reminder That Lifeguards Alone Aren’t Enough 

Woman’s Body Goes Unnoticed in Public Pool For Days After Swimming Accident

Swimming Pool Accident Kills Party-Goer

Posted by Jesse Guerra on September 14, 2011

Last week we discussed the fatal swimming pool drowning accident of a friend of Houston Texans defensive end Antonio Smith. Smith hosted a party at his house.  Overnight, while most guests slept, the man in question drowned.  The next morning his body was found in the pool.  Sadly, this was not the only Texas swimming pool drowning accident that truck during a party in the past week. 

Unfortunately, these swimming pool accidents frequently strike at parties, sometimes involving children and other times involving the adults who most assume would be safe around the water.  As recently reported in the Daily News and Analysis, on Sunday a 22-year old man fell in a pool at a club party and died.  This was not a personal gathering but a sponsored event by professional party planners.  Unlike the incident at Smith’s party, where no one saw the accident, at this event, several attendees witnessed the tragedy. 

One 19-year-old who was present at the party told reporters that he first knew something was wrong when the music stopped at the party.  Everyone grew silent.  Then, he saw a body on the floor.  It is unclear whether the victim was immediately rushed to the hospital or whether or not local partygoers attempted some resuscitation efforts.  An official investigation is still ongoing, so it may be some time before it is clear exactly what happened in the aftermath of the rescue.  So far it has been confirmed by the club owner that only one lifeguard was only duty.  However, the owner claimed that other staff members, including waiters and security guards, were strong swimming and able to assist if necessary.

late night party.jpgIn all of these cases it is vital to understand the pools size, shape, and location to better understand what safety protocols should have been followed.  This particular pool was twelve feet deep at the deepest point.  The club owner noted that pools at his other clubs are much shallower, only 5 ½ feet deep, as required by a new local law.  He noted that most parties are poolside and do not include the use of the pool.  But, he went on to explain, it is often difficult to keep intoxicated party goers from jumping into the water.

This horrible event provides further evidence of the dangers of combining alcohol and water.  A sober adult would likely take precautions before jumping into a pool. It is important for all those who have control over a party environment to reasonably account for these situations and take steps to keep guests safe.   

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Man Dies in Swimming Pool Owned By Houston Texan Player

Posted by Jesse Guerra on September 06, 2011

Though Labor Day is traditionally the end of summer, as long as temperatures remain hot, Texans will continue to participate in summer activities.  Top on the list of outdoor summer fun is, of course, swimming.  Sadly, accidents come along with swimming.  This long Labor Day weekend was no exception.  An adult man was found dead in a swimming pool accident on Sunday.pool numbers.jpg 

As USA Today reported, rescue officials were called to the home of Houston Texans defensive end Antonio Smith when a man was found in Smith’s swimming pool.  Paramedics arrived at 9:30 am Sunday morning and found a 37-year-old man at the bottom of the pool.  He was fully clothed.  Since the man was clearly not dressed for swimming, police are conducting a full investigation.  Preliminary, officials have found no evidence of foul play.  Results from a toxicology report should be available in about three weeks.

The night before the incident, Smith hosted a large party.  Guests included several other teammates, but no coaches or members of the team staff.  The man found in the pool was not associated with the team in any way.  He was, however, a close friend of Smith’s, according to the local police chief.  The deceased had been seen by party-goers out near the pool at 2 am.  The police chief reported that it appears that he remained outside by himself.  When others woke up the next morning, they discovered his body in the pool.

This tragic Texas swimming pool accident reminds us that drowning accidents can strike anyone at any time.  While this blog has recently focused on the drowning deaths of young Texan children, adults drown in pools all too often.  And as this episode demonstrates, not even the wealthy are spared from pool accidents.

Our Texas swimming pool accident attorney at the J. Guerra Law Firm knows that drugs and alcohol, dangerous enough alone, can be deadly in combination with an unsecured and unguarded pool.  Just as a good host never allows guest to drink and drive, a good host ensures that his or his guests do not drink and swim.  It is careless, or worse, to allow inebriated guests near a pool, especially if they are alone.  Making sure that a pool is off-limits is an essential part of throwing a safe party. 

If you or a loved one is injured in a pool after a party, be sure to consult an attorney specializing in swimming pool accidents.  You may have legal rights that can only be protected by an attorney after such an accident.  Hosts owe some basic duties to their guests.  Most adults know that a pool is dangerous, but after too much drinking, that risk might not be as obvious.  Keeping fences in good repair and cordoning off the pool from the party area is good practice.  It is also critical to keep the area around the pool free from debris that might be a tripping hazard and ensuring that the area is not slippery.  Proper lighting is equally important.  Pools are dangerous and pool owners must be careful to keep their guest – especially drunk ones – away from them.

 

See Related Blog Posts:

Texas Drowning Death Remains Under Investigation

Mother of Drowning Victim Demands Answers About Suspicious Death

Bizarre Drowning Death of Massachusetts Woman Is A Reminder that Lifeguards Alone Aren't Enough

Posted by Jesse Guerra on September 01, 2011

 

Blog readers are likely aware of the bizarre and disturbing accidental drowning death of a Massachusetts woman earlier this year.  A recent article in the Taunton Daily Gazette discussed the tragic accident involving Marie Joseph and reminded readers of the pool safety lessons we should learn from it.

In June of this year a 36-year-old woman was found dead in pool.  Many He residents are surprised when adults are killed in swimming pool accidents, but these types of accidents strike with surprising frequency.  Adults drown in pools on an all too regular basis.  What makes this particular case unique, however, are the circumstances surrounding the discovery of her body.  Ms. Joseph was not noticed until two days after her death, when her body floated to the surface of the pool.  This pool was not a small, private pool in a backyard.  It was a pool run by the Department of Conservation and Recreation and attended to by lifeguards.  Despite all the lifeguards and other swimmers, the body went unobserved for two days in an area of the pool 12 feet deep.  The murkiness of the water limited visibility to four feet which caused the body was not detected. 

The pool in question has been closed since the body was discovered.  It was scheduled to be closed for the rest of the season.  Since the accident the local district attorney’s office has been investigating the woman’s death.  A final report is expected to be released in September.  Preliminarily, it appears that the death was an accident without intentional foul-play involved.

Intentionally or not, Jesse Guerra, our Texas swimming pool accident attorney believes that this death is a reminder that in order for lifeguards to be effective, they must pay attention and be able to see to the bottom of the pool.  Otherwise, they simply give swimmers a false sense of security.  If a lifeguard cannot see the bottom of the pool, the pool should close temporarily, until full visibility is restored.  The need to see the entire pool is why many public pools close during moderate rain storms.  When anything, including rain or cloudy water, prevents guards from seeing the bottom of the pool, they cannot do their job.

Similarly, lifeguards cannot do their job when they work long shifts without adequate breaks.  Lifeguarding requires full attention and fatigued lifeguards cannot properly scan the pool looking potential problems properly. public pool accident

If you or a loved one is injured in a swimming pool accident it is important to contact an attorney who specializes in pool accidents.  No one wants to be involved in a lawsuit after an accident, but speaking to a lawyer will help you preserve your rights.  The negligence of the pool owners may entitle you to recover money to help pay for the costly medical bills that result from such events.  A lawsuit has the added advantage of warning other pool owners to take adequate precautions, which hopefully will allow other swimmers avoid experiencing the same tragic events.

 

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Woman’s Body Goes Unnoticed in Public Pool for Days After Swimming Accident

Swimming Pool Drowning Strikes as Police Officers Fail to Notice Body

9 Year Old Texas Boy Drowns in Swimming Pool

Posted by Jesse Guerra on August 30, 2011

Another Texas family is struggling with the loss of their son after a swimming pool accident on Friday.  The family buried the youngster on Monday August 29th.  The family discovered the nine-year-old was missing around 8 pm on Friday.  He had been playing in the backyard when he disappeared.  An extensive search ensued but by the time the boy was found, it was too late.  Rescue workers discovered the child in a neighbor’s pool.  CPR was administered but medical officials were unable to revive or save him.

Our Texas swimming pool accident attorney knows that families who have experienced a loss as a result of a drowning accident are often unaware of their options.  Most accidents are just that, tragic mistakes.  But sometimes accidents are the result of the negligent behavior of swimming pool owners.  When swimming pool owners are remiss about their responsibilities they may be at least partially liable for subsequent accidents..  Consulting an attorney who specializes in swimming pool accidents can help family members pursue their legal rights.  A lawsuit will not undo the accident, but may help the family collect the funds they need to cover the cost of medical bills and other resulting expenses.

Swimming pool lawsuits also help remind pool owners about necessary safety measures.  Pool owners can do many things before an accident occurs to help prevent children from using pools without permission or supervision.  For example, a recent post on this blog focused on the importance of functional fences around pools.  Pool owners who do not protect young children from pools with appropriate fences might be legally culpable for their carelessness.no diving.jpg

When older children or adults are involved, proper signage can be critical to help prevent accidents.  A simple sign ordering no trespassing or advising caution due to lack of supervision can go a long way towards preventing an accident.  Older children will often avoid pools if they see a sign that indicates there is no lifeguard, especially when they have been taught proper pool safety from a young age.  In large public pools, it is particularly important to make sure that the depth of the pool is clearly marked.  Diving into shallow water is another frequent cause of deadly swimming pool accidents.  When swimmers see a sign that states no diving, or see that the pool depth is only five feet, they are much less likely to jump head first into the water, ultimately leading to fewer accidents.

Any accident is a tragedy, but swimming pool accidents are particularly upsetting because so many of them are preventable.  A young boy who disappears from his backyard should not be found dead in pool.  Tragically over 70 Texans have died this year alone due to pool related accidents.  By making pool owners and swimmers more aware of the potential for accidents and knowledgeable about the easy ways that they often can be prevented, hopefully we can spare more families the heartache that these tragedies cause.  

If you or a loved one has experienced one of these incidents, please consider contact our Texas swimming pool lawyer at the J.Guerra Law Firm to learn about your legal options.

 

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Swimming Pool Drowning Accident Reminds Pool Owners of Necessary Precautions

Swimming Pool Drowning Accident Reminds Pool Owners Of Necessary Precautions

Posted by Jesse Guerra on August 23, 2011

broken fence.jpgThough common sense should be enough to guide pool owners to take appropriate precautionary measures to prevent tragic accidents, our swimming pool attorney knows that everyone can use a reminder of the importance of preventing young children without proper supervision from gaining access to swimming pools.  Many children love water and when there is no adult supervision, the results can be deadly.  Guarding pools with fencing and other appropriate devises is a critical element of pool safety.

As the Beaumont Enterprise recently reported, a six year old boy in Port Arthur was recently found in a neighbor’s pool.  The horrible events started when the police were informed on Tuesday evening that a child was missing.  A search ensued and the six year old boy was found floating in a neighbor’s pool several blocks away.  Rescue workers administered CPR on the scene but the boy was pronounced dead at the hospital. 

A spokeswoman for Family and Protective Services noted that this swimming pool accident was the fourth in Jefferson County and the 69th in Texas.  The events are especially tragic because the child in question had Down Syndrome and did not speak.  It is not clear how he gained access to the pool in question.  Adults were present in his home at the time he disappeared and a fence surrounded the pool.  Local officials are currently investigating the accident.

As our Dallas swimming pool attorney at the J. Guerra Law Firm knows, basic protective measures, like fences around pools, are only useful when maintained.  Fences must be kept in good repair and gates must be firmly latched at all times.  It is not enough just to have a fence; the fence must be sturdy enough to keep unwanted visitors out.  As many parents know, even young children can climb.  Having a fence that is easy to climb enclosing a pool may be as useless as not having a fence at all.  That is why it is not enough to install a fence, it must be routinely inspected.  Keeping the area around the fence clear is important too.  If a box or garbage can is propped up against the fence, even small children can scale it and gain access to the pool.

When swimming pool catastrophes strike, consulting an attorney specializing in swimming pool accidents is invaluable.  Often accidents are the result of negligence or worse.  Holding careless and criminal swimming pool owners legally accountable is one way to make pools safer.  If pool owners know that they might be sued if a child wanders into their yard and drowns in their pool, they are much more likely to ensure that the fence is tough enough to do its job.

Sixty nine drownings in Texas this year is sixty nine too many.  Children are particularly vulnerable because they do not always have the common sense to protect themselves.  Kids see a pool and think fun.  They do not always know their own limits and can get into trouble quickly.  That is why it is so important that pool owners use common sense for them.  

 

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Tragic Swimming Pool Drowning Spurs Pool Safety Charity Swim

Posted by Jesse Guerra on August 10, 2011

water sideOver the years our swimming pool accident lawyer has worked with dozens of families who have lost young children as a result of tragic swimming pool accidents.  The lives of these families are never the same a result of the tragedy.  Unfortunately, each of these incidents may have been prevented had those in charge of keeping the pool safe for swimmers been more aware of the risks of unsafe pool conditions.

Spreading information about swimming pool safety in the hopes of preventing future accidents is one of the main goals of each swimming pool accident lawsuit.  In addition, our Texas swimming pool attorney is proud to sponsor pool safety events in our area to share the safety message with area families and pool owners.  Recently Austin 360 News reported on a similar awareness raising project that was spurred by a tragic drowning.  The program is sponsored by the non-profit organization known as Colin’s Hope.  The group was created by the parents of a 4-year old boy who drowned in a Texas health club three years ago.  In an effort to raise money for water safety efforts, area swimmers recently participated in Colin’s Hope Got2Swim event.  The 8- mile swim involved the participation of many swimmers who had raised money as part of the effort.  All fundraising and awareness events such as this one are important steps that may ultimately save the lives of area children.

The event organizers explained how there are more Texas drowning accidents than in any other state in the country.  This summer has been no different, as many area children have been severely injured or killed after falling into the water unsupervised or struggling in murky water where rescuers could not find them.  As early as mid-June the Texas Department of Family and Protective Services had already identified at least 68 children that had drowned in our state. 

These water tragedies only take minutes to strike and can occur in all situations.  For example, many residents are shocked to learn that nearly twenty percent of all drownings occur in public pools while lifeguards are on duty.  Swimming pools remain incredibly dangerous places for young children, and those risks are present even when others are watching.

These accidents remain prevalent because so many pool owners and operators continue to underestimate the importance of basic safety measures.  Sadly it is only after an accident has already occurred that many of these individuals give fully understand the importance of these safety measures.  It is simply impossible to know for sure what safety devices or measure will be needed at any one time. 

For example, a hotel pool owner may believe that an emergency phone can wait a few weeks to be fixed, because the phone may not have been used in the past.  However, there is a chance that a young swimmer might fall into the water that very week and observers may need that phone to save time and call emergency help.  If the phone is not working when needed, the young child may not make it.  With so many swimmers using so many pools throughout the area this summer, these types of safety lapses occur much more than many might expect.

 

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Mother of Drowning Victim Demands Answers About Suspicious Death

Posted by Jesse Guerra on August 09, 2011

Last week we reported on the tragic drowning accident involving twenty-two year old Kevin Akinfeleye at a late-night party.   The young man died last week while swimming with over thirty other guests at a public party at the Broadwater Mansion—a well-known facility used to house various gatherings. According to those at the scene, the man went into the pool with friends around 1 a.m.  Eventually his friends saw Akinfeleye slip under the water and not resurface.   Concerned for his safety, the friends talked to security guards about his disappearance and then called 911 to report the possible drowning.  Paramedics arrived to investigate, but they were turned away by off-duty police officers who had been hired to provide security for the event.  Each of the five officers were in uniform while at the party.    

It wasn’t until two hours later when the event was nearing an end that the young man’s body was discovered at the bottom of the pool.  It remains unclear why the officers would turn rescuers away or conduct even the most basic checks to ensure that no swimmer was in distress after hearing of the possible swimming pool drowning.  At the very least, common sense should have dictated that the pool be emptied so that rescuers could investigate.  Witnesses report that the water was particularly murky during the party, making it even more dangerous to swimmers—and making a check of the water even more essential following a report of a drowning.

WUSA News reports that the young man’s mother is understandably asking all those with information about the event to come forward and help piece together the tragic events that led to the accident.  The party in question had been advertised as a “pool party” by a group labeling itself “UCP.”  Videos promoting the gathering even appeared on YouTube.   Upwards of 300 people may have ultimately bought tickets to the event.

The local health department has conducted an investigation since the latest report, uncovering disturbing information about the lack of pool safety measures taken by organizers of the event.  The health department indicated that this type of gathering makes the pool public and subject to regulation.  When a public pool is being used for a public event such as the one here, regulations require that lifeguards be present to protect swimmers who use the water.  No lifeguards were present during the party. 

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Swimming Pool Drowning Strikes As Police Officer Fail to Notice Body

Posted by Jesse Guerra on August 04, 2011

Pool supervision is an important way to save lives by preventing swimming pool accidents.  It is generally understood that keeping a close eye on all those around the water—especially young children—is vital to ensuring that accidents are avoided and quick rescues can be accomplished if necessary.  Of course, lifeguards often provide trained sets of eyes on the water that can identify struggling swimmers and help them when trouble strikes.

However, as our Texas swimming accident attorney understands, the mere fact that others are around the water does not alone constitute effective supervision.  Observers must be actively scanning the water at all times to properly keep swimmers safe.  Even lifeguards are not effective if they do not abide by proper techniques like frequent rotations and proper scanning.  On top of all of that, if the water conditions are not properly maintained, even scanning and supervision can be ineffective.  Murky water and overcrowded areas can obscures swimmers at the bottom of the pool.  Deadly accidents can strike in those situations even when there is proper supervision. 

Yesterday, the Washington Post reported on a tragic swimming pool drowning of a young man at a large party that touches on each of these pool safety issues.  The negligence of off-duty police officers working as security guards at the party have resulted in policy changes at one county police department.  According to reports a 22-year old college senior, Kevin Akinfeleye, attended a party with friends at a facility known as the Broadwater Mansion.  Police are still investigating to determine who hosted the party.  However, promoters of the event sold tickets to the event which ultimately included hundreds of drinking partygoers with festivities lasting late into the night.  Several off-duty police officers had been hired by the event promoters to act as security for the gathering.       nighttime pool 2.jpg 

Witnesses explain that there were around 30 other guests in the pool on the grounds when the victim jumped into the water around 1 a.m.  Akinfeleye’s friends report that they eventually lost track of him in the water, though they noticed that he had started to have trouble swimming.  Concerned for his safety, the friends talked to security guards about his disappearance and then called 911 to report the possible drowning.  Firefighters responded to the call and talked with the off-duty police officers working security.  The officers told the firefighters that they had checked the pool and did not notice anything amiss.  Neither the off-duty officers nor the firefighters ordered the pool be cleared to check for problems, even though observers noted that the water was very murky.  The water clarity and crowded pool levels made it impossible for observers to see the bottom of the nine-foot deep end.

It wasn’t until two hours later as the party was winding down that of the guards noticed the young man at the bottom of the pool.  Firefighters were again called, but there was little to be done.  Akinfeleye was pronounced dead at a nearby hospital a short time later.

Our pool accident lawyer remains saddened that even with five police officers on the ground and dozens of other swimmers in the area, this tragic drowning occurred.  It is vital that investigators closely examine the events surrounding this accident to understand how the guards and firefighters failed to find a drowning victim after a call reporting such an accident was placed.  It is also vital that those who hosted this party be identified and questioned regarding what safety precautions were put in place to ensure that guests were not put in danger upon entering the grounds and using its facilities.

 

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Teen Dies After Falling Into Apartment Swimming Pool

More Than Fifty Citations Issued After Child Drowns in Public Pool

Posted by Jesse Guerra on August 02, 2011

Last week we reported on the tragic swimming pool accident involving 7-year old Aaditya Basrur.  The first grader was swimming at the pool at St. John’s High School when he began struggling under the water.  Even though several lifeguards and chaperones were supposed to be watching the pool, the child was not spotted until it was too late.  He was pulled from the water and died at a hospital shortly afterward.  He had been at the pool with several dozen other young children as part of a summer camp program. 

Following the swimming pool accident, state officials from the Department of Public Health descended on the area to investigate the cause of the tragedy.  As the Shrewsbury Patch reported this weekend, the investigators found a staggering series of safety violations that numbered in the dozens. pool ines 

The pool operators did not have any written plan in place recover lost swimmers.  These plans are generally required to deal with a variety of emergency situations in and around the pool.   In addition, parents of swimmers at the pool were not informed of their rights to review background checks, health care and discipline policies at the pool.   The investigators also found that there was inadequate emergency equipment at the facility.  Toxic materials was also improperly stored and protected to prevent contamination with other materials. 

Various other citations were issued for a range of problems.  Many staff members had incomplete background checks and there was insufficient orientation for employees prior to their supervision of campers.  Emergency telephone numbers were not posted at nearby phones and there was not appropriate communication system in the proper locations.  The report has led many community members to question how such conditions were allowed to exist at the school pool.   

Our Dallas swimming pool attorney at the J. Guerra Law Firm remains saddened by the string of summer aquatic accidents like this one that could have been prevented.  Unfortunately, as this situation demonstrates, far too often problematic conditions at public pools are not identified until after a tragedy has occurred.  It is imperative that steps be taken by all swimming pool owners and operators to ensure safe conditions before tragedy strikes.  That is why our Texas drowning lawyer is proud to remain active in the community, spreading the message about water safety to owners, operators, parents, and young swimmers.

Swimming pool safety includes a comprehensive set of conditions in which all pools should perpetually operate.   Proper pool safety requires both that a pool not have hidden dangers and that preparatory steps be taken in case an accident does occur.  Failure to do either can be treated as negligence by the court with potential legal consequences.  For example, murky water is consistently one of the most dangerous conditions for pools, because it prevents observers from seeing struggling swimmers.  However, even if a pool is clear a young swimmer might struggle.  That is why safety rings, Shepherd’s hooks, emergency phones, and other equipment needs to be near the water.  If a swimming pool lawsuit is filed after an accident, all of these details will likely be considered when either a judge or jury decides whether a pool owner or operator was negligent.  

 

See Our Related Blog Posts:

Sever Year Old Dies After Drowning in Camp Pool

Two Year Old Drowns in Texas Community Pool Over Holiday Weekend

Murky Water Leads to Public Pool Swimming Accident

Posted by Jesse Guerra on July 05, 2011

Last week we discussed the shocking drowning accident involving 36-year-old victim, Marie Joseph.  The woman died after failing to resurface after used a water slide at the Veteran’s Memorial Swimming Pool.  Her body went unnoticed for two days—even as the pool remained opened and used by dozens of swimmers.

The state’s Department of Conservation and Recreation has been tasked with getting to the bottom of the disturbing incident. According to the Boston Globe investigators have already uncovered information about the condition of the pool which may have contributed to the swimming pool accident.  For one thing, the pool had an expired city permit the authorities have indicated that the pool was murky when it was opened on the day that the victim died. After the accident (and while the body was still at the bottom of the pool) a city worker actually inspected the pool, noted that the water appeared “cloudy,” and allowed the pool to remain open anyway.

The investigators admit that the pool should not have been opened when its water was murky.  It is unclear what breach of protocol caused the water issue to go unnoticed.  Considering that the body was not found for several days, the murky water was likely a persistent problem.  One county pool operator explained, “If we can’t see the drain cover at the bottom, we will not open the pool. If we can’t see it during the course of the day, we will close the pool. . . .Water clarity is extremely important so lifeguards can see what’s going on. Water clarity is No. 1.”

It is hard to overestimate the importance of proper water clarity.  As this case vividly demonstrates, it is often extremely difficult for observers to see all parts of the pool when the water is murky.  Lack of visibility is one common way that a distressed swimmer goes unnoticed.  In addition, it remains imperative for lifeguards to take the concerns of swimmers seriously.  It is unclear why the guards at the pool where the accident occurred failed to follow-up on the pleadings of the nine-year old boy who was with the victim and told them of her struggle. 

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Woman's Body Goes Unnoticed in Public Pool For Days After Swimming Accident

Posted by Jesse Guerra on June 30, 2011

A shocking story was reported throughout the country last night about a woman who suffered a swimming accident in a public pool and went unnoticed for three days.

Investigators revealed that the 36-year-old victim, Marie Joseph, was at the Veteran’s Memorial Swimming Pool in Fall River, Massachusetts while watching a 9-year old boy.  The woman was using the waterslide at the facility when she unexpectedly landed on top of the child.  The boy indicates the Ms. Joseph then went under the water and did not surface.  The child claims that he told a lifeguard about this, but they ignored him.    

Amazingly, it was not until three day later that the woman’s body was found.  A few local residents had jumped the pool’s fence at 10 p.m. to swim at night while the pool was closed.  Those individuals noticed the body floating in the pool and called the police. 

The swimming pool had been open and was used by many visitors during the three days that the woman’s body is believed to be underwater.  That means that neither lifeguards nor swimmers were able to spot the deceased victim at the body of the pool.

State officials were shocked to learn of the situation.  In response, the entire lifeguarding staff was placed on temporary leave until further investigation could be conducted into the situation.  In addition, each of the state’s 30 deepwater public pools were closed while safety procedures were reviewed.

The incident has startled many readers who cannot understand how such an accident could have occurred unnoticed.  However, when unsafe conditions at one of these pools exist and when lifeguards and operators are not thorough in their duties, then a wide variety of shocking swimming pool accidents often strike.  For example, lifeguards may not have noticed the distressed swimmer if the pool was too crowded or the water too murky.  If the water slide was not placed in a proper location that allowed guards to properly observe the goings-on, then dangerous falls and collisions could happen without observers being aware.

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Boy Dies Trying to Save Drowning Sister in Texas Pool Accident

Posted by Jesse Guerra on June 23, 2011

My Fox Dallas-Fort Worth reported yesterday evening on a tragic Texas swimming accident that struck Wednesday afternoon.   The backyard pool tragedy occurred in DeSoto, Texas and involved two siblings. 

The victims—a 16-year-old boy and 8-year-old sister—were swimming at a neighbor’s pool during the incident.  An adult was watching the swimmers but left the pool briefly to step inside the house.  When the adult observer came back out to the pool area both children were under water.  While speculative, neighbors reported that they believed the young girl was going under the water and her brother went after her in an attempt to save her.

When emergency responders arrived, both children were not conscious.  The 16-year-old was pronounced dead at the scene, while his younger sister was taken to a nearby hospital.

Police are still investigating this developing story.  As frequently occurs following a swimming pool drowning, it is initially unclear what specific events led up to the tragedy.  It is vital that investigators and all those involved in analyzing the accident preserve the scene to ensure that the circumstances causing the event are understood.  It remains vital that every possible factor into the accident be determined so that future swimmers in the area are protected, particularly when these accidents occur in a public pool.

This Texas swimming pool drowning also highlights the danger posed to those who attempt to rescue a struggling swimmer.  Far too often news reports spread word of multiple drowning victims. The stories usually explain that observers jumped into pools, lakes, or ponds to come to the aid of one in need only to fall victim to the water themselves.  The thrashing movements and panic that automatically seizes the body of a struggling swimmer is capable of preventing a proper rescue and harming an untrained rescuer.  That is one of several reasons why it is vital to have safety rings and rescue hooks near all pools.

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Child Nearly Drowns During Swimming Lessons

Posted by Jesse Guerra on June 22, 2011

swimmingfeet.jpgNothing better emphasizes the ease with which a swimming pool drowning may occur than a story published this month in The Mercury about the 4-year old boy who nearly drowned at the very time she was getting swimming lessons.

The accident occurred at the Spring Valley YMCA while 4-year old Christian Dankanich was in the public pool with other youngsters.  His mother had called ahead to ask which level of class would be most appropriate for their son.  She had reservations and wanted him in a class with a bit more restrictions. She was convinced by stuff members that he would be best served in a slightly more advanced class.  The public pool accident occurred during his very first week of those lessons.

The depth of the pool ranged from three feet to four-and-a-half feet (over the head of many children in the class). When the accident happened, Christian’s mother was behind a glass wall observing the swimming lesson along with other parents.  Near the end of the lesson, Christian’s mother saw commotion near the pool.  She eventually watched in horror as Christian was pulled from the pool and laid on the deck.  He was unconscious and was blue in the face. CPR was performed and the child was rushed to a local hospital.  Fortunately, he is expected to survive the near-drowning.

It was only later discovered how the accident occurred under the noses of swim instructors.  Apparently the children had been instructed to remove their safety “bubble” and hold onto the wall.  Christian lost his grip on the wall and slipped under the water.  The instructors were busy helping other students and it took them some time before they realized that Christian was underwater.

The family explains that they are concerned about the ratio of instructors to students which likely contributed to the accident.  Without the proper number of eyes on these very young kids, accidents like this can occur.  In addition, the family is questioning why the children were instructed to take off their flotation devices on only their third day of swimming. 

Apparently there have been other close calls at the pool with many parents expressing concerns about the oversight of children during these lessons.  There was a similar near-drowning accident at the very same YMCA only two years ago involving a 10-year old child.

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What Every Police Officer Needs to know about A Pool Drowning Investigation

Posted by Jesse Guerra on December 03, 2010

Police officers need to know the following in regards to conducting an onsite investigation immediately following a pool drowning.  Officers routinely immediately seek out witnesses and people with relevant information regarding their personal observations.  However, talking to witnesses is not enough.  The following checklist is handy for all police officers to keep in mind.  Water Clarity conditions must also be observed.  Is the water crystal clear as required or is the water murky or cloudy.  Is the main drain visible in the deepest part of the pool?  Officers should take photos of the water clarity and add notes regarding their observations of the water clarity.  Secondly, officers should check all gates leading into the pool to ensure that they are self latching and gated.  Additionally, they should ensure that the fence pickets are all in place. Observations should also be made with regard to float ropes and deep demarcation lines in the pool.

Public pools should also be equipped with emergency equipment such as an emergency phone that dials 911, reach poles, and ring buoys with ropes.  If those items are not present, that should go into the investigation report.  Officers should also check the lighting to ensure that all pool light work.  If any lights are not functioning this must also be included in the officer's report.  Officers should also observe whether or not there is adequate lighting around the pool area.

Officers who arrive on the scene may also wish to call the local health inspector to the scene to also perform a health insepction regarding any pool vialoations that may be present at the time of the investigation. 

Alerting the Health Department is essential to allowing properly trained pool regulators the opportunity to inspect the pool as soon as possible after a drowning event.  If done correctly, valuable evidence and observations can be retained and may prove helpful to family members and pool owners/operators with questions about pool conditions at the time of drowning.