Swimming Pool Safety News

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.

Jesse 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.

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Two Boys Drown in Apartment Complex Swimming Pool

Boy Dies in Georgia Apartment Swimming Pool Accident

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.  

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.

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Texas Drowning Death Remains Under Investigation

Two Boys Nearly Drown in Apartment Pool Accident

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

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.

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.

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

Teen Dies After Falling Into Apartment Swimming Pool

The 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 4^th 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.

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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.

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