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