Dallas Drowning Attorney Jesse Guerra Wins Jury Trial

Posted by Jesse Guerra on February 21, 2013

boy in poolWhen a child dies or is seriously injured in a swimming accident, it is critical that all those involved in the incident be held accountable for safety lapses that contributed to the incident.  Most notably, owners and operators of pools have a duty to ensure basic safety rules are followed to protect swimmers--often young children.  When they fail in that regard they can be held liable for the child (or their family) for the harm.


That is exactly what happened in a recent case won by our Dallas swimming accident attorney, Jesse Guerra. Attorney Guerra represented the family of a teenager who drowning in the summer of 2010 at the Plantation House Apartments.  The facility was managed by an entity known as MBW Realty Company LLC.

According to the lawsuit, the company allegedly failed to maintain the pool in a safe condition.  Their lapses ultimately led to the 16-year old’s drowning death.  Most of the time when these lawsuits are filed, after a discovery period, the parties are able to reach a settlement to resolved the matter.  However, in some cases, the situation goes all the way to a trial.  That is what happened here.  

The swimming pool drowning trial started last week and ran a total of seven days.  After a day and a half of deliberations, earlier this week the jury in the case returned a verdict in favor of the family. They found the management company responsible for contributing to the death, awarding the family just shy of $1 million ($982,000).

Mr. Guerra's practice is centered on swimming pool litigation and aquatic safety  nationwide.  He explains how, “the verdict sends a message to all landlords across the City of Dallas and state of Texas that Apartment pools must be maintained up to codes and be safe for children.   The pool rules are in place to prevent tragic events.  They are not optional. It’s the law. "                                

Understand Safe Swimming As Warm Weather Nears
It is hard to believe, but in only a few weeks the official start of Spring will be upon us.  Of course, with warmer weather comes more people outside enjoying the sun.  One of the most common activities at these times involves ways to beat the heat by getting in the water.  From spending time at public pools and waterparks to enjoying pools at motels and apartment complexes, residents in Dallas, Texas and throughout the country spend considerable amount of time  participating in aquatic activities.

As the recent case exemplifies, far too many of these pools are not maintained according to legal safety standards.  As a result, tens of thousands of community members are put at risk every time that they take a dip.  Our youngest residents are usually the most vulnerable. Children’s inexperience and still developing mental awareness means that they often do not understand swimming risks.  In fact, these vulnerabilities are the exact reasons why many legal rules are in place to ensure owners and operators take common sense steps to keep those using the water safe.

If you or someone you know is ever harmed in a swimming accident in a drowning or near-drowning, it is critical to seek out legal help and ensure there is full accountability.  The Dallas drowning attorney at our firm has extensive experience in these cases and is able to help ensure your rights are protected to the fullest extent and those contributing to an accident are required to make changes to keep others safe in the future.  

 

Can Artificial Intelligence Make Swimming Safer?

Posted by Jesse Guerra on December 28, 2012

Those of us working on swimming safety, the prevention of drownings, and other aquatic accidents have long understood the importance of safety fundamentals.  The sad truth is that most accidents could and should have been prevented if basic safety protocols had been followed.  This includes things like ensuring proper fencing and locks, the availability of rescue equipment, proper water clarity, and other functional details.  Because these errors often lead to accidents (or the prevention of proper rescue), we continue to share information about these matters.boy in pool


Artificial Intelligence in the Water
However, some others are working on even more sophisticated techniques which they suggest might play a role in minimizing drowning and ultimately save lives.  As a story in Scientific American recently explored, technological leaders are exploring ways that artificial intelligence may be used to recognize struggling swimmers and spur action which might save the swimmer’s life.  In other words, this is an “AI lifeguard,” and, if perfected, may go a long way to keeping youngsters safe.

The article suggests that the process might work by training the computerized device to identify when a swimmer is making “panicky” movements which suggest a drowning.  In so doing, the device may be able to raise an alarm of drowning, even when human lifeguards are not around.  The device would work by identifying the when certain pressure changes exist that suggest a drowning which can be identified by the artificial intelligence system based on neural network software.

Proponents suggest that the technology could be similar to ultrasonic systems which work right now to let lifeguards know if a swimmer has been underwater too long.  Few pools have these systems, but the idea of using technology to aid in lifeguarding is not entirely without precedent.  

Also, those working on this technology believe that the tools may be used in places where ultrasonic equipment and other devices are not available, like riverbanks or other natural aquatic spaces.

Long Way to Go
As pool drowning lawyers, we recognize that there are many different issues raised by these AI systems.  Perhaps most obviously, the technology itself must be perfected such that owners, operators, and swimmer do not rely on devices that do not work properly to their own detriment.  In addition, it will be important for owners and operators not to use this sort of technology as a shortcut to avoid supplying properly trained human lifeguards.  It does not take too much imagination to see how a penny-pinching owner might eliminate lifeguards and install what he assumes is safe technological warning devices instead.  The end effect might ultimately be to make these spaces less safe.

Obviously  there is still a long way to go before this technology is perfected, and even longer before it might actually be used in a substantial number of spaces.  Local residents should therefore keep the basic safety tips in mind at all times to keep themselves and their loved ones safe.  If you or anyone you know ever does fall victim to a pool accidents, be sure to get in touch with a drowning attorney to explain the situation and see if the law provides an avenue for recourse.

 

Texas Leads the Nation in Child Drownings

Posted by Jesse Guerra on October 12, 2012

Swimming pools, lakes, ponds, water parks, hot tubs, apartment pools, hotel pools, and other spots pose clear and serious dangers.  Obviously, when used safely, these water locations can be enjoyed without incident.  But, it remains critical to remind all community members--even when the main summer swimming season is over--that proper safety steps should be considered at all times. boy in pool

Not all community members face the same risks.  Most adults, for example, are aware of the dangers posed by the water and, in most cases, act to ensure that the pool, pond, lake, or hot tub is enjoyed safely.  But we should never forget that there are some who do not recognize those risks--most notably, young children.  Unfortunately, our state needs to pay particularly close attention to child drowning risks. That is because we still have a long way to go before all local children are safe.  Every child drowning death is preventable.

According to a report earlier this month summarized by KWTX, Texas leads the nation in child drowning deaths.  This was confirmed by data compiled by the U.S. Consumer Product Safety Commission.  According to the report, in the main summer season--from Memorial Day to Labor Day--there were 137 child drowning deaths nationwide.  

For purposes of this report, children are considered all those under the age of 15 years old.  However, the statistics show clearly that the youngest are by far the most at risk of being hurt or killed in one of these accidents.  Of those 137 deaths, at least 100 involved children under 5 years old.

Sadly, Texas leads the country in the total number of these deaths, with 17 children under 15 years old drowning in our state this summer.  This means that over 12% of all child drowning deaths take place in our state.

Of course, for the message to truly hit home we need to consider the issue beyond the numbers.  Every single death represents a young life tragically snuffed out.  There is no way to fully appreciate the long-term mental, physical, and emotional consequences that each of these incidents has on all those affected.  

The swimming pool drowning attorney at our office is proud to be a leading advocate nationwide on water safety awareness.  Education is one critical piece of solving the puzzle.  Children and families must be reminded continuously of the need for close observation and proper awareness to avoid potentially fatal accidents.  

In addition, those who play a role in the safety of the water must also be held accountable.  Things like murky water, inadequate safety equipment, broken fences, and other problems are the responsibility of the owners and operators of these spaces.  When they fail to act reasonably, they need to be called out on it.  This is the only way to ensure changes are made which may save lives.

See Our Related Blog Posts:

Child Drowns in Community Pool Surrounded By Fifty Other Children
Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

Rash of Swimming Pool Drownings Continue As Summer Wanes On

Posted by Jesse Guerra on August 24, 2012

boy in poolAs August gets closer to setting, our Texas swimming pool drowning lawyer knows that it is helpful to issue reminders of the need to maintain vigilance in and around the pool.  Focus on pool safety peaks in the hottest summer months, and there may be a tendency to consider swimming season mostly over as Labor Day gets close.  However, a common theme is all tragic pool accidents is the fact that they take place in an instant--all it takes is a single lapse.


Unfortunately, many community members have been hurt (or killed) in various drowning accidents in the second half of this summer.  Some of those incidents were likely connected to negligence, in whole or in part, by those charged with maintaining the location and keeping it safe.  It is crucial for those involved in the accidents to demand accountability to ensure future travelers are not similarly injured.  That may require contacting a drowning accident attorney to learn more.

Some of the more recent examples of swimming accidents across the country include...

* In late July a 42-year old San Ramon woman, Keri Michelle Long, died in an outdoor hot tub at a Menlo Park hotel.  Early in the morning hotel staff members found Ms. Long’s friend performing CPR.  Emergency crews were called but nothing could be done and the woman was pronounced dead at the scene.  An initial investigation by law enforcement officials found that no foul play was suspected.  While it may seem bizarre that one would drown in a hot tub, drowning attorneys understand that these sorts of things happen much more frequently than many would suspect.    Owners and operators of these spaces must be aware of those risks.

* This week police continued investigations at a Spartanburg hotel after an infant nearly-drown in a hotel pool.  According to WSPA News, the child, about 9 months old, was rushed to the emergency room after being found in the pool last Monday morning.  Luckily the child apparently survived the accident, but it is unclear if she will experience any long-term problems.  Brain damage from oxygen deprivation following near-drownings is not uncommon.  The details of the accident are also still being uncovered to determine exactly how the child could have ended up in the water.       

* ABC Local News reported late last month on a Houston boy who nearly down in an apartment swimming pool complex.  According to the story, the child was swimming at the Chimney Rock Apartments with his grandmother nearby in the late afternoon.  However, something went wrong and the child was found at the bottom of the pool.  He was pulled from the water.  It remains unclear how the child ended up struggling in the water.   

If you or a loved one was hurt in a drowning at a hotel, motel, apartment complex, water park, public pool, or similar location, please get in touch with our national swimming pool accident lawyer to learn how we might be able to help.

See Related Blog Posts:
Child Drowns in Community Pool Surrounded By Fifty Other Children
Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

 

Sacramento, California Sees Peak in Swimming Pool Accidents

Posted by Jesse Guerra on July 01, 2012

Our national swimming pool accident attorney has warned that our country will see an increase in swimming pool accidents as the summer heats up.  Within one week in June, Sacramento California saw at least four drownings and near drownings involving infants and toddlers according to the Rosemont Patch.  Amongst the peak in swimming pool accidents fourteen month old died after drowning in a swimming pool in Carmichael, and there were two separate near drownings in Elk Grove of an infant and a toddler.


The nonprofit, Safe Kids USA, reported that two thirds of drowning deaths in America happen between May and August.    As the Center for Disease Control recently reported, children ages one through four have the highest risk of drowning.  As such, it is important for adult supervisors to take precautions at the pool.  Local emergency responders from the Sacramento, California area have several recommendations for keeping children safe at the pool: always supervise children around water, teach swimming skills from a young age, fence in swimming areas and use alarms on doors leading to them, and utilize life jackets not “floaties”.  Emergency responders say that floaties are not sufficient, and if you cannot afford a life jacket, several area fire departments loan them out for free.

pools closedAlthough there are countless safety measures that we can all take while utilizing swimming pools to make them safer for everyone.  However, these measures are not always enough to avoid accidents if the pool owner and operator have failed in their safety duties.  For example, if a fence is not properly installed or maintained, a young child could enter the swimming pool area without the knowledge and supervision of an adult.  Another example is if a pool is overcrowded then proper supervision of a child can be difficult.  It is often recommended to have a swimming pool maximum occupancy to avoid this danger.  When a swimming pool owner or operator fails at taking these types of safety precautions they will be found to be negligent in the court system.  When this happens the victim or the victim’s family can receive the redress that they deserve.  It can also lead to important safety changes at the swimming pool in question in order to prevent future accidents.

As the summer months roll on our nationally renowned swimming pool accident attorney continues to advise all swimmers to pay special attention to easy swimming safety steps that can prevent drownings and near drownings.  In addition to the easy steps swimmers can take to protect themselves, pool owners and operators must also take their pool safety measures seriously.  When these measures are ignored, it often doesn’t matter what safety precautions are taken by swimmers themselves, thus pool owners and operators must be held accountable when they fail to meet their duties.  Contact the J. Guerra Law Firm if you have been involved in a swimming pool accident.  We can help protect your rights and ensure that futures safety measures are enforced to make swimming pools safer for all.

See Related Blog Posts:
Peak in Near Drownings in Orange County, California
"Step Into Swim" Campaign Launched

 

Young Girl Nearly Drowns in California Windscapes Apartment Pool

Posted by Jesse Guerra on June 22, 2012

This summer has already seen too high a number of drownings and near drownings of young children at apartment complex swimming pools.  Our national apartment swimming pool accident attorney was saddened to hear that yet another such near drowning has occurred in California.  


According to the Press Enterprise, a 9 year old girl nearly drowned at the Windscape Apartments last Monday in Banning, California.  Few details are known about the events that took place that day, but the young girl was discovered near the pool area in the late afternoon.  She was taken to San Gorgonio Pass Memorial Hospital and later transferred to Loma Linda Hospital.  She is currently listed in critical condition at Loma Linda.  Banning Police are currently investigating the incident.

Although the survivors of near drownings are lucky to have survived, it does not mean that they are free from any negative effects of the incident.  Near drownings are traumatic events for both victim and family, not only physically, but emotionally and financially as well.  Near drowning victims are often plagued with physical reminders from their accident, such as respiratory system and brain damage from being deprived of oxygen and under water.  This can sometimes lead to long term medical care that puts a severe financial burden on the family.  If the accident was caused by the negligence of someone in charge of the swimming pool area, such as the owner or operator of the apartment complex, then a legal suit could mean the difference between receiving the proper care and financial ruin of the victim and their family.apartment pool 3.jpg

When the cause of the swimming pool incident is unknown, pursuing legal action can be a difficult matter.  This is why our Texas swimming pool accident lawyer always recommends ensuring that a complete investigation is completed following any swimming pool incident.  Through such an investigation lapses in safety measures may be discovered, and it can then be determined whether those safety lapses were causes of the incident.  If a safety lapse did cause the incident then a legal course of action can be pursued.  A lawyer specializing in swimming pool accidents can help victims and their families pursue such action in order to obtain redress through the courts.  Such redress can help pay for any medical costs that were incurred as a result of the accident.  It can also lead to safety changes in the swimming pool involved, making the pool safer for all swimmers in the future.

As summer continues our nationally renowned swimming pool accident attorney wishes to encourage all swimmers to remain vigilant in swimming safety measures in order to avoid drownings and near drownings.  Beyond what swimmers themselves can do themselves to remain safe while at the pool, it is often more important what pool owners and operators can do to protect swimmers at their swimming pools.  When they fail in their duty to keep swimming pool areas safe they should be held accountable.  The J. Guerra Law Firm can help protect the rights of the victims and their families of these accidents, as well as hold those at fault responsible.

See Related Blog Posts:
Man Drowns in Apartment Pool on Memorial Day
Teen in Critical Condition After Apartment Pool Near-Drowning

 

Child Drowns in Alabama Apartment Pool

Posted by Jesse Guerra on June 08, 2012

Summer holiday weekends are meant to be full of fun and relaxation, however as our national swimming pool accident lawyer knows these weekends can also bring tragedy.  This past Memorial Day weekend was sadly part of this trend.  According to CBS 42 News, a seven year old drowned at an apartment complex swimming pool near Forestdale, Alabama.  Deputies were called to the Royal Orleans Apartments on Saturday night at around eight pm after a report that a boy was found in the swimming pool and was unresponsive.  The child, Devontea Chester, was transported to the Children’s Hospital of Alabama where he was pronounced dead.

The circumstances surrounding this drowning are a tragic reminder of how dangerous swimming pools can be.  Chester had last been seen thirty minutes before the call for help by his father, when Chester informed him he was going swimming.  There were reportedly no other people present at the pool.

While the circumstances of this particular drowning remain unclear, it is a sad reminder of the vital importance that all children are supervised at the swimming pool.  As we continue to hear in report after report, children are at a much greater risk of drowning.  Ideally both a lifeguard and an adult who knows how to swim would be present while children are swimming in order to safeguard against this risk.  However, at least one should be keeping an eye out as youngsters swim. 

Sometimes of even greater importance than what pool users can do to make swimming safer is what pool owners and operators can and must do.  For example, a gate around a swimming area might have prevented Chester from entering the pool by himself and saved his life.  The gate must be surrounding the proper area, be well maintained, and generally have a locking feature.  Measures such as gates are often required by law.  If one is not installed or improperly maintained the swimming pool owner or operator may be held liable for any damages that occur as a result.   In order to determine if such a negligent act occurred it is important to ensure that a proper investigation is completed following a near drowning or drowning.  A lawyer that specializes in swimming pool accidents can make sure such an investigation is properly completed.   

The Texas swimming pool drowning attorney at the J. Guerra Law Firm has extensive experience helping all of those that have suffered loss in drowning accidents. The law is clear in requiring that those in charge of pool spaces act reasonably to prevent harm to others. When those in charge fail to take the required safety measures for their swimming pools, and it leads to someone getting hurt or worse, then a legal remedy is an excellent option to seek redress and future safety changes. If you, or someone you know, has been affected by a drowning accident, do not delay in contacting apartment pool accident lawyer J. Guerra for the help that you deserve.

 

See Related Blog Posts:

Young Girl Drowns in Apartment Swimming Pool

Boy Dies in Georgia Apartment Swimming Pool Accident

Young Girl Drowns in Apartment Swimming Pool

Posted by Jesse Guerra on May 11, 2012

Our swimming pool attorney was saddened to hear the ABC News report that six year old Jasmin Brown drowned recently in an apartment complex pool on Oakmoor Parkway in Houston, Texas.  An adult neighbor who was also at the pool reported noticing the little girl not moving under the water.  The neighbor jumped into the pool and was able to bring Brown’s lifeless body out of the pool.   Another adult neighbor immediately began CPR on Brown, who was already blue and lacked a pulse, before the arrival of emergency responders.  According to the Houston Chronicle Brown was transported to the Houston Children’s Hospital where she was pronounced dead.  The Harris County Institute of Forensic Sciences later ruled that Brown’s death was an accident.

Brown had been part of a children’s birthday party at the apartment complex swimming pool on the evening that she drowned.  She had been swimming with several other children and many adults were present, including several of her family members.  One little girl who was an attendee at the party said that she saw Brown jump into the deepest part of the apartment complex pool, which measured five feet deep.   The other children noticed that Brown had been under the water for five to ten minutes before the adult neighbor found her.  When she didn’t surface the children thought she was just holding her breath.  Sadly, it later turned out that Brown did not know how to swim.    

While it may surprise some people that a young girl was able to drown while surrounded by so many people, our Texas swimming pool accident lawyer knows that these sorts of happen on a frequent basis.  Our attorney often explains to community members that an overcrowded pool can actually pose an increased risk to users than a pool with fewer users.  With too many people in a pool it can be difficult for those at the pool to notice a swimmer that is struggling.  Even if a lifeguard is on duty the amount of people and splashing can still make it hard to spot. 

Another danger often seen in apartment swimming pool accidents is improper and inadequate maintenance.  Apartment complex owners, managers of the facility, and pool maintenance companies may all be held liable for part of the harm in the case of an accident if they did not act reasonably. The law has built in specific rules which allow for all those who contribute to an accident to be held fully or partially responsible for the consequences of their actions.  Often there are a variety of people that may be at least partially responsible for the circumstances that lead to the accident.  Our drowning accident attorney can help determine who can be held responsible.

apartment_pool.jpgJesse Guerra Jr., our Houston pool attorney, has worked with many victims harmed in these types of apartment swimming pool accidents. Our firm is well versed in understanding all of the legal issues related to these awful events and the steps required to provide accountability to victims. If you or someone you know has been involved in a drowning or near-drowning, please contact our office to learn more about how we can help you.

 

See Related Blog Posts:

 

Two Boys Drown in Apartment Complex Swimming Pool

Boy Dies in Georgia Apartment Swimming Pool Accident

Update on Drowning Case of Two Young Boys at an Apartment Swimming Pool

Posted by Jesse Guerra on May 06, 2012

As our swimming pool accident attorney recently reported, two young boys drowned at an apartment complex swimming pool at the Cyprus Court Apartment complex in Montgomery, Alabama.  The boys were five and seven year old brothers.  They were pronounced dead upon arriving at the hospital.  Although few details have been provided on the accident, including the cause of the drowning, our swimming pool drowning accident lawyer was glad to hear news that the boy’s family is taking action. 

According to the WSFA News, the family of the two boys has recently filed a wrongful death lawsuit.  The suit was brought on behalf of the boy’s parents, Erika Basurto and Maurilio Garcia, against the Cyprus Court Apartments, the manager of the apartment complex Erica Randle, and Fountainbleau Management Services, LLC.  The suit was filed in the Montgomery County Circuit Court, and alleges that the defendants were negligent.  Specifically, the suit brings allegations that the defendants failed to adequately prevent the children access to the swimming pool, and violation of building codes, ordinances, and standards in relation to swimming pools.

When an accident like this one occurs it is vital to complete an investigation in order to determine what caused the drowning.  An investigation can uncover negligence on the part of those in control of the swimming pool.  Swimming pools will always present a danger to anyone who uses one.  Those in control of swimming pools must take the appropriate steps in order to make sure that their pools are as safe as possible to avoid tragic accidents.  This includes providing relevant safety measures for the pool area, such as gates and lifeguards, as well as ensuring that proper pool maintenance is provided for. pool numbers.jpg

By filing a lawsuit the family of these young victims has taken an important step towards redress for the unimaginable suffering that they have been put through.  They are also taking an important step towards making sure an accident like this never happens again.  Our apartment swimming pool drowning lawyer has worked on similar cases across America and has seen first-hand how hard taking this first step can be.  Pursuing legal action can be difficult for a family during their time of mourning, but our swimming pool accident lawyer knows just how important it is to consider this route.  Doing so can be an important step in the family’s healing process, can provide vital economic redress, and lead to changes in safety measures. 

As we enter the summer months, pools across the country will see more and more swimmers every day.  Although a day at the pool is meant to be relaxing it is important to stay vigilant about pool safety, especially during this busy time.  If you, or someone you know, has been affected by an apartment swimming pool drowning accident our national swimming pool accident attorney Jesse E. Guerra Jr. can be of assistance.  Attorney. Guerra can analyze the specifics of your case in order to help you determine your rights and obtain the appropriate redress.

See Related Blog Posts:

 

Two Boys Drown in Apartment Complex Swimming Pool

Two Boys Nearly Drown in Apartment Pool Accident

Woman Drowns in Apartment Swimming Pool

Posted by Jesse Guerra on May 02, 2012

Our swimming pool accident attorney was saddened to read the Daytona Beach News-Journal report that 38 year old Kandice McCarthy drowned in the Canalview Apartments complex pool in Port Orange, Florida.  McCarthy had been attempting to teach a seven year old boy how to swim when she drowned.  According to the police report McCarthy would ask the boy if he was ready, tell him to hang on, and then she would take him under water.  They did this several times in a row, but on one dive they failed to surface. 

The young boy’s father, 33 year old William Groom, had been present at the pool and claimed that when they didn’t resurface he immediately jumped in and saved his son.  He then jumped back in and pulled McCarthy out.  The young boy and McCarthy were quickly transported to the hospital where McCarthy was pronounced dead.  The young boy was listed in stable condition, and is expected to make a full recovery.

Sadly, the video surveillance cameras show a different story.  According to the tapes Groom brought his son to the pool and began drinking while the boy played with other children.  McCarthy showed up moments later and began drinking with Groom.  McCarthy later got up to go join the boy in the pool, but looked unsteady.  She began swimming with the boy, and on the tapes she looked to be struggling to stay afloat before they disappeared below the surface.  Groom failed to notice that they hadn’t resurfaced for two minutes, and when he did notice he sat down at the edge of the pool for one more minute watching their motionless bodies.  He finally jumped in and pulled the boy out and administered CPR.  Five minutes later he pulled out McCarthy and administered CPR.  According to the tape the boy was under water three minutes and 13 seconds, and McCarthy was under the water for eight minutes and 34 seconds.  apartment pool 3.jpg

Our swimming pool drowning lawyer was pleased to learn that the Port Orange police are taking the drowning seriously by conducting a full investigation.  A few days after the drowning Groom was arrested, and has been charged with child neglect in relation to this incident.  An autopsy has been completed and the results of a toxicology report are pending. 

Our apartment swimming pool drowning lawyer knows that drinking and swimming pools never mix.  Pools are dangerous enough without adding intoxicated swimmers.  It is important for those in control of the pool to take reasonable safety precautions to avoid this dangerous combination.

As the months get hotter and hotter apartment residents will be out using the pools at their complexes every day.  If you, or someone you know, has been affected by a drowning accident at an apartment complex our pool drowning attorney Jesse E. Guerra Jr. can help determine your legal rights and make sure these awful accidents are avoided.

See Related Blog Posts: 

Texas Drowning Death Remains Under Investigation

Two Boys Nearly Drown in Apartment Pool Accident

Swimming Pool Safety Renovations Might Cost Money, But Saving Lives is More Important

Posted by Jesse Guerra on February 22, 2012

public pool accidentOur swimming pool attorney has worked with families across the country who have had loved ones suffer serious injury or even death while swimming in public pools, apartment pools, and hotel aquatic spaces.  Unfortunately, in virtually all of these cases, each accident could have been prevented had basic safety standards been met.  These safety standards include structural requirements to the pool itself, conditional requirements to ensure the water is safe at any given moment, and supervisory standards so that proper observation is provided to keep swimmers safe.

It is undeniable that keeping these pools as safe as possible often requires financial investment.  However, the swimming pool drowning lawyer at our firm understands that the law is clear in its requirements—the lives of community members must be prioritized over money.  There is simply no excuse for those in charge of keeping pools safe from doing everything in their power to ensure future swimmers are as safe as possible.  When they fail in that duty, they must be held accountable.  Those hurt by their negligence should seek redress and ensure that changes are made so that future victims are spared.

The civil justice system is an important deterrent in this regard—influencing decision-makers to make pools safe before they actually hurt swimmers.

For example, the Morris Daily Herald published a story today on the developments in the city’s latest pool project.  The city council recently explained that the project will cost a bit more and take longer to complete than previously expected.  The project involved the updating of an old pool that had been constructed in the 1920s.  The changes include both safety updates and expansion to improve the functionality for area residents.  The changes include installing a new liner, installing new filtration system, adding diving boards, adding a depth entry portion to the pool, and creating a splash park with water slides. 

Part of the additional cost for the project—above what was initially expected—is the installation of more pool lights.  This is intended to allow night swimming as well as making the area more secure overall.  Blog readers are aware that lighting of water is often crucial.  When water is murky and otherwise impossible to see to the bottom, the risk of drowning is much higher.  Many accidents occur when other swimming and supervisors are in the same area but fail to notice a struggling swimmer.  These visibility problems have to be anticipated and guarded against.

The weather is slowing getting warmer and more and more residents will begin to use indoor and outdoor swimming spaces. Our pool drowning lawyer urges all swimmers to remain cautious and aware of basic pool safety whenever near the water.  Those charged will keeping these pools safe must also ensure that no corners are cut this season.  Lives matter more than saving money.  If you or someone you know is ever hurt while swimming, remember that you have legal rights which can provide redress to recover for the harm caused.  Besides working to make yourself whole, by demanding redress you can force those responsible for the pool to make changes that will make other swimmers safer and more secure.

 

See Our Related Blog Posts:

Swimming Pool Drowning Accident Reminds Pool Owners of Necessary Precautions 

Texas Pool Lawyer Sponsors Corpus Christi Pool Safety Day

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.

 

See Related Blog Posts:

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

Public Pool Found Negligent for Diving Blocks Near Shallow End

Two Boys Nearly Drown in Apartment Pool Accident

Posted by Jesse Guerra on August 17, 2011

apartment pool 3.jpgA swimming pool drowning can strike in an instant, affect swimmers of all ages, and arise even in pools filled with other observers.  The situations in which drownings have occurred are virtually endless—testaments to the dangers that always exist when swimming pools are involved.  Those who manage these spaces, particular ones open to the public and used by many people, must be aware of the ease with which drownings occur and the necessity to leave no stone unturned when it comes to keeping these spaces safe.

Our pool drowning lawyer knows that some of the most dangerous pools exist in apartment complexes.  Local residents are likely familiar with the pools that are made available to residents of certain apartment buildings.  These pools are often a key selling point, and many renters often decide to live in one facility over another specifically because they will have access to the pool to stay cool in warm weather.  Apartment owners and operators understand the use of the pools in their control and therefore have an obligation to take every reasonable step to keep these places safes.

Those charged with keeping these spaces safe must be willing to put the time and resources into pool safety.  Unfortunately, many apartment pool owners are fine with cutting corners and not prioritizing the safety of their apartment residents and guests over their own profits.  It is simply unacceptable for safety steps to be taken to ensure that apartment pool drownings are prevented.  When an accident does strike, those involved should push to ensure that a proper investigation is conducted immediately so that evidence can be preserved which may shed light on what happened.

For example, KDLT News reported this week on two near-drownings that occurred at the Tally Ho apartment complex.   Local authorities report that they were called to the complex late Monday evening after two young boys, ages 9 and 13, were found unresponsive in the apartment pool.  According to witnesses two teenage boys were playing basketball near the pool when they happened to look and see the two younger boys in trouble in the water.  The teens sprung into action and pulled the children from the water. 

Authorities are still investigating to understand how the accident could have occurred, because there were several other children in the pool at the same time. The victims parents were not in the area when the accident occurred and no lifeguards were on duty.  Witnesses explain that one of the children tried to go into deeper water and began to struggle.  At that point the other child attempted to help before he himself began to struggle.  Both children were rushed to local hospitals.  The younger child remains in critical condition.

Continue Reading

Texas Drowning Death Remains Under Investigation

Posted by Jesse Guerra on August 16, 2011

The Killeen Daily Herald reported yesterday evening on a troubling new Texas drowning accident involving a 25-year old woman.   Information on the breaking news is scarce, but authorities have indicated that the woman, Dawanna Shafae Paleafei, was found unresponsive at an apartment swimming pool in Copperas Cove.  An autopsy has been ordered on the victim and the local police department explained that investigators are examining the scene to better understand what happened.

apartment pool 2.jpg

Unfortunately, apartment pool accidents like this one strike all too frequently in our area and throughout the country.  Our Dallas apartment swimming pool lawyer has worked on many cases where unsafe conditions at these types of pools led to deadly accidents.  It is incumbent upon investigators and the owners or operators of this Copperas Cove apartment complex to figure out whether this apparent drowning should have been prevented.  Far too many apartment complexes fail to properly maintain its pool or spa.  All those who use these aquatic areas—from apartment renters to their guests—have the reasonable expectation that those in charge of keeping the water safe have taken all reasonable steps to do so.   

Many mistakenly believe that because a pool passes an initial safety inspection that it is completely safe when they swim in it.  Sadly, many pools are allowed to develop unsafe conditions immediately after an official “approval” stamp is given by local regulatory bodies.  If not well-maintained, all sorts of deteriorations can make a once-safe pool become an accident waiting to happen.  For example, if water clarity is not kept up, murky water can develop that makes it virtually impossible for observers to see drowning swimmers.  Fences, gates, and locks may also break over time.  If not fixed they could allow unsuspecting toddlers to wander into the water. 

Many local residents have died or suffered permanent disability because of those and similar upkeep problems at apartment swimming pools.  After these accidents the victims and their family members often seek out legal help to understand the legal ramifications of these events and the way that they can recover for their losses.  Oftentimes there are a variety of people that may be at least partially responsible for the tragic events.  Apartment owners, managers of the facility, pool maintenance companies, and manufacturers of defective pool equipment may all be held liable for part of the losses in the event that they did not act reasonably when performing their pool-related activities.  The law has built in specific rules which allow for all those who contribute to an accident to be held fully or partially responsible for the consequences of their actions.       

Jesse Guerra Jr., our Dallas pool attorney, has worked many victims harmed in these apartment pool accidents.  Our firm is well versed in understanding all of the legal issues related to these events and the steps required to provide accountability to victims.  If you or someone you know has been involved in a drowning or near-drowning, please contact our office to learn more about how we can help you receive accountability.

 

See Our Related Blog Posts:

String of Texas Apartment Pool Accidents Remind Residents of Water Safety Needs

Teen Dies After Falling Into Apartment Swimming Pool

Teen in Critical Condition After Apartment Pool Near-Drowning

Posted by Jesse Guerra on July 13, 2011

WBTV News reported last week on a near-drowning accident that struck while a young man was swimming with friends an apartment pool.  The 18-year old victim was found floating face-down in the pool last Friday at the Stonehaven Apartments. 

According to reports, the teen performed some sort of “somersault trick” in the pool while others looked-on.  He eventually began floating in the pool face-down.  His friends assumed that he was holding his breath and only joking around.  Eventually an older adult arrived at the pool and asked the others to ensure that the teen was indeed joking.  They soon learned that the 18-year-old was not breathing and in severe distress.

drowning.jpgThe victim was pulled from the pool and emergency officials were called while CPR was performed.  Paramedics were eventually able to get the man to start breathing, but he remained unconscious when he was rushed to the hospital.

These near-drownings are traumatic experiences for all families involved.  When swimmers are underwater and not breathing for even short lengths of time, severe injuries often result.  These accidents involve oxygen deprivation that can damage the respiratory system and cause brain damage.  Intense and long-term care is often needed for these victims.  Supporting victims after a near drowning often drains family finances. 

It is important to contact a drowning accident lawyer to help ensure that the resources are available to provide the care needed.  Immediately after the incident occurs it is often unclear what factors contributed to the accident.  However, when a full investigation is conducted safety lapses are often uncovered.    Negligence on the part of property owners, maintenance personnel, equipment manufacturers and others is often a factor in the accident.  In those situations the law provides a system for the victim and their family to be compensated for their losses to ensure that they have access to the medical treatment and nursing care that they need.

See Our Related Blog Posts:

String of Texas Apartment Pool Accidents Remind Residents of Water Safety Needs

Teen Dies After Falling Into Apartment Swimming Pool

Texas Drowning Accidents Lead the Nation According to 2011 Report

Posted by Jesse Guerra on June 29, 2011

swimming safety.gifThe U.S. Consumer Product Safety Commission (CPSC) is charged with protecting consumers from injuries caused by a variety of products, including swimming pools and spas.  As part of that mission, yesterday the commission released a reported entitled “Snapshot of 2011 Summer Swimming Season.”  The report includes information about all of the drownings and near-drownings that have occurred across the country since Memorial Day. 

Unfortunately, Texas swimming pool accidents top the list.

According to the report there have already been 15 total incidents in our state, including 8 Texas swimming drownings and 7 near-drownings—more incidents than anywhere else in the country.  It is particularly troubling that there are several more Texas swimming deaths than any other state.  Overall, the survey indicates that there have been 123 pool and spa incidents in the last month.  Of that total 48 involved deaths, meaning that Texas has accounted for a shocking 17% of all swimming fatalities. These figures only represent those reported in the media and involving children under the age of 14, so the total victim count is likely higher than indicated.

With the 4th of July holiday approaching it is important to remind all swimmers, parents, owners, and pool operators of the importance of water safety.  Kathleen Reilly, the campaign leader of CPSC’s Pool Safely project explained how “far too many families have been tragically impacted by child drownings this summer […] Remember that simple steps save lives.  You never know which safety step will save a life…until it does.”

The simple steps for safety involve a mixture of proper supervision, safe pool conditions, and adequate safety planning.  Murky water, inadequate fencing, overcrowded public pools, lack of nearby safety equipment, and a variety of other errors are some of the most common ways that swimming accidents strike.

Continue Reading

String of Texas Apartment Pool Accidents Remind Residents of Water Safety Needs

Posted by Jesse Guerra on June 15, 2011

At least four toddlers have fallen victim to Texas swimming accidents over the last few weeks alone, according to reported by KHOU News. 

The latest aquatic accident occurred yesterday afternoon at a Houston apartment complex where a 4-year old boy drifted away from his mother for mere seconds before ending up in the facility’s pool.  The victim’s mother and relative found the child underwater at the Pine Lake apartment pool and were able to pull him out of the water.  He is expected to survive, but it is unclear whether he will suffer any permanent injuries as a result of the near drowning.

Just last Thursday another Houston toddler nearly died after falling into a pool at the Windshire apartments in the southeastern part of the city.  Just as in yesterday’s incident, the child was with his family playing near the pool mere seconds before he fell into the water.  The family was near the water, but it was a few minutes before they realized that the toddler was missing and that he was in danger.  Luckily, a nearby witness saw the boy in trouble, pulled him out, and was able to successfully perform CPR. The child was rushed to the hospital in critical condition, but he is expected to survive.

One day before that accident, a 4-year old boy was killed while attending a pool party in Harris County.  He was surrounding by party goers at the Cypress Station apartments when he somehow managed to fall into the pool.  Other guests did not notice that him in the pool water until it was too late.  Emergency crews attempted CPR, but the young child died later that evening.

As these Texas apartment pool accidents make vividly clear, the proper supervision of all young children near the water is essential to pool safety.  Most parents know that keeping a close eye on youngsters is mandatory in these situations.  However, that does not mean that those who own and operate these apartment pools do not have a responsibility to ensure that basic safety needs are met.    

For example, in each of the above examples, the water clarity at the time of accident may have been an important factor in the drowning.  Children who fall into properly clear water are much more likely to be quickly noticed and rescued by those nearby.  Conversely, if pool water is murky, than those looking directly in the water may not actually be able to see a struggling child.  That characteristic is often the difference between life and death in these time-sensitive situations.

Continue Reading

Apartment Pool in Phoenix Swimming Accident Should Have Been Closed

Posted by Jesse Guerra on May 25, 2011

Yesterday we posted on the tragic Phoenix swimming pool accident involving a 5 year-old boy. Family members and police officers spent hours scouring the grounds in and around his grandmother's apartment complex in an effort to find the Phoenix child, Gecari Carroll. 

Arizona Central News has uncovered more information and raised more questions about the events that led up to the tragedy.  It appears that Gecari was playing in the pool with his brothers and sisters before their mother called them all inside.  However, Gecari did not make it inside.  His family eventually called authorities to help in the search for him.  All told the family, neighbors, police officers, detectives, even federal authorities were combing the area for clues.  The pool was examined many times. 

It wasn’t until four hours later than an officer swept the pool with a cleaning pole and found the child at the bottom.  An investigator explained that “everyone kept looking in the pool and didn’t see him, and it was murky and though you thought you saw to the bottom, you didn’t.”  On top of that, the pool did not have working light in the deep end, making it even more difficult to see the Gecari at the bottom.  

As information like this mounts, it becomes clear that this Phoenix apartment pool drowning may have been prevented if those in charging of maintaining the pool had kept it in proper condition.

The condition of the pool is leading many to acknowledge that it shouldn’t even have been open in the first place.  In fact, the pool was previously in violation of Maricopa County pool safety and has a long history of danger.  Only two years ago it was shut down by environmental services.  Last year, the owner of the complex voluntarily closed the pool due to other serious health and safety violations.  Those most recent violations included poor water clarity, algae in the water, fencing problems, no drain covers, and other issues. 

Inspectors had not been back to the site since the last closure in 2010.  It was therefore up to the owner to ensure that the pool was in safe working order before re-opening it.

Continue Reading

Cloudy Apartment Pool Leads To Phoenix Swimming Pool Accident

Posted by Jesse Guerra on May 24, 2011

file8731235061648.jpgAs warm weather arrives and summer activities become more enticing across the country, the use and enjoyment of outdoor swimming pools begins to ramp up.  Unfortunately many pool operators—like those managed by apartment complexes and hotels—often fail do what prudence and the law require to keep those pools safe and secure for all those who may use them. Swimming pool accidents are a tragic and all too common occurrence across the nation.

Already this season families are being torn apart by tragedies in pools that were likely improperly maintained.  For example, ABC 15 News reported yesterday on the death a young 5-year-old boy in a Phoenix swimming pool accident. 

According to reports Gecari O’Dell Caroll drowned on Saturday in a murky pool at his grandmother’s apartment complex.  His family noticed that he had mysteriously disappeared around 6:30 p.m. on Saturday night.  They all immediately began searching and eventually called the police.  Both family members and the police looked in the cloud-covered pool but failed to see any sign of the child.  It wasn’t until four hours later that another search of the pool was conducted and the child was found submerged eight feet under the pool water.

The fact that so many searchers were unable to spot the boy in the pool for so long says a lot about the unsafe condition of the apartment pool water.  An investigation will need to be conducted to determine what should have been done to prevent this accident.  The apartment owners, managers, pool maintenance company, and other involved parties may have failed in their duty to ensure that pool was in proper condition at the time that the accident occurred.

Continue Reading