Near Drowning of Young Boy During Swim Lessons

Posted by Jesse Guerra on May 07, 2012

Our swimming pool drowning attorney was shocked to hear the LA Times report that a Palmdale, California man has been accused of attempting to drown his seven year old step-son while supposedly giving the boy swim lesson.  The man, 21 year old Jacqorie Charles Stansell, has pleaded not guilty to the charges of attempted murder and child cruelty.  Stansell’s bail was set at $1 million, and he currently remains in custody.

Witnesses stated that Stansell had been teaching the boy how to swim at their apartment complex pool on the evening of April 29th.  It is alleged that after becoming angered that the boy wasn’t learning fast enough, Stansell began holding the boy underwater for up to 15 seconds at a time over and over again.  According to witnesses he continued this pattern of holding him under water until the boy’s body was lifeless. Paramedics responded to the scene, and the boy was brought to a hospital where he was revived.  At the time of the incident the boy’s mother and 2 year old sister were in their apartment.  Both the boy and his sister are currently in protective custody. 

Although it is alleged that Stansell took criminal action in this instance, our swimming pool drowning lawyer believes that this case highlights the dangers that a pool can pose for small children and the many ways that pools can be made safer for them.  Drowning accidents continue to be one of our nation’s leading causes of accidental deaths of young children.  What makes this tragic statistic worse is that so many of these accidents could be avoided by taking simple and well known steps towards pool safety.  Easy and quick fixes such installing gates, hiring a lifeguard, using drain covers, and ensuring the water is clear can mean the difference between life and death for a young child.  It is the duty of each pool owner and operator to meet these requirements, and if they do not our swimming pool accident lawyer passionately believes that they must be held accountable.  

We are proud that our firm is the country’s go-to legal firm for drowning and near drowning accidents.  Not only do we advocate for our client’s rights in their specific cases, but we work zealously to spread awareness of pool safety issues in order to make sure that these kinds of accidents are avoided.  We strongly encourage all pool owners and operators to meet their duties in keeping their pools as safe as possible.

Our Texas swimming pool accident attorney at J. Guerra Law Firm has worked on cases involving heartbreaking drowning and near drowning of children across the country.  Attorney Guerra knows how quickly a pool can turn deadly for a child.  If you or someone you know is dealing with such a situation contact an attorney to learn more about your rights.  A knowledgeable and experienced attorney can help you and your family after such a horrible incident and make sure a future tragedy can be prevented.

 

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Child Nearly Drowns During Swimming Lessons

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

Two Boys Drown in Apartment Complex Swimming Pool

Posted by Jesse Guerra on April 27, 2012

Our swimming pool accident attorney was saddened to hear that two young brothers were pronounced dead after drowning in an apartment swimming pool this week.  According to WSFA News 12, the brothers, age 5 and 7, drowned in a pool at Cypress Court Apartments in Montgomery, Alabama.  The two young brothers were taken to the hospital where they were pronounced dead.  At this time authorities say that it appears that their deaths were accidental.

Our swimming pool drowning attorney has worked on apartment drowning cases just like this one all across the country.   As most know, all pools can present various dangers to swimmers of all ages, however pools at apartment complexes present their own unique dangerous to its users.  For example, apartment complex pools are usually open for the use of all apartment residents and their guests despite the fact they are often unsupervised by lifeguards.  The owners and operators of apartment complex pools must not only be aware of the dangers of pools in general, but also the dangers that are specific to apartment complex pools.  In light of these unique dangers it is vital that the owners and operators take their obligation to ensure the safety of these pools seriously.

Another major problem often seen at apartment complexes is derelict pools.  Maintaining a pool can be costly, and many apartment owners and operators are tempted to cut corners on pool upkeep in order to reduce costs.  This is unacceptable when it is puts the safety of its users at risk.  Despite the costs it may take to keep a pool in safe working order, the law clearly requires it.  Swimming pool drowning lawyers know that the safety of pool users is far more important than money, and this priority system must be made a reality by the owners and operators.apartment pool 2.jpg 

When an accident at an apartment pool complex does occur it is important to make sure that an investigation is completed in order to determine the cause.  If part of the cause was negligence on the part of the pool owner or operator than an investigation to uncover this negligence can be used to remedy the problem and prevent future accidents.  It is important that victims of an accident demand such an investigation to be completed if it is not done automatically.  A “silver lining” of preventing future accidents can help in the healing process of the victims of an accident.  Further, if a legal case is brought against the owner or operator an investigation can help ensure that the proper redress is received.

As we approach summer, apartment residents will be using their complex’s pools more and more.  It is important that all swimmers use caution while swimming in any pool.  If you, or someone you know, have been affected by a drowning accident, do not delay in contacting our swimming pool accident attorney Jesse E. Guerra Jr.  Mr. Guerra can help determine your legal rights, and the possibility of redress for any harm suffered.  With his help you can make sure that similar pool accidents are avoided in the future.   

 

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Two Boys Nearly Drown in Apartment Pool Accident

Renovations Might Cost Money, But Saving Lives is More Important

A Pool Safety Success Story

Posted by Jesse Guerra on September 22, 2011

As our Texas swimming pool accident attorney knows, swimming pool accidents are as varied as the individuals involved in them.  However, certain factors tend to increase the probability of an accident.  For example, an adult who has had too much to drink can easily be injured in a pool.  A child who does not know how to swim can get into trouble quickly.  Learning about what goes wrong can help pool owners and operators determine how to make pools safer.  Studying events that have a happy ending can also teach us what pool owners and operator should do to ensure a safer experience for swimmers.

Recently, as reported in the Times-Standard, a college student was transported to a local hospital after he experienced trouble in a pool. The young man was swimming with a partner as part of a physical education class.  He swam to the bottom of the pool and then did not come up to the surface.  When the lifeguard on duty and his classmates pulled him from the water, his lips had turned blue.  Their quick action, however, ensured that he did not lose consciousness or stop breathing.  He was covered in a small amount of blood, from where he had bitten his tongue.  The young man was brought to the hospital by paramedics and appears to be fine.

Thankfully, this is a story of what should happen when a swimming pool accident occurs.  The young man was in the pool with a partner, who was watching him carefully.  When he appeared to be having difficulty, it was immediately recognized that he needed assistance.  A trained lifeguard on duty was able to pull the man out of the water.  Paramedics arrived at the scene quickly and had lifesaving equipment that could be used if necessary. apartment pool 2.jpg

All of the factors that helped avert tragedy for this college student are not always present for others who experience hardships in pools.  Yet, these are the resources that are necessary for safe swimming.  Without careful attention, a competent lifeguard, and lifesaving equipment, near drowning accidents can turn into deadly events.  The absence or presence of these factors may also be the difference between a negligent pool owner or operator and a careful one.

To be found legally negligent, a pool owner must owe a duty of care to the user and must be found in violation of that duty.  When an injured swimmer is an invited guest, it is easy to find that the owner had a duty of care.  Owners frequently breach their duties, however, when do not have required safety equipment.  For example, when public pools do not have an adequate lifeguard staff, they may have breached their duty.  Or when a private pool owner does not have rescue equipment, like a life preserver, nearby, he may have breached his duty.

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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.

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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.

 

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

Teen Dies After Falling Into Apartment Swimming Pool

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.

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Teen Dies After Falling Into Apartment Swimming Pool

Posted by Jesse Guerra on June 14, 2011

 

Stories continue to pour in this summer season of victims of various ages that have been lost in a swimming pool accident.  Unfortunately, these tragedies are capable of striking in all settings and to victims of all ages.  Far too often a swimming pool drowning occurs when least expected

For example, yesterday WSBT News reported on an apartment swimming pool accident that claimed the life of a young man, Victor Thang Tran.  The tragedy struck when few would have expected possible.  The 16-year old teen was at an apartment swimming pool in the late afternoon, around 5 p.m. with several of his friends.  According to the latest reports the young man was not able to swim.

The teen was not even planning on swimming, but he was instead sitting near the edge of the water watching his friends dive for objects at the bottom.  When one friend threw an pool toy near him, the young man reached out his foot toward the object.  His movement caused him to slip into the pool.    It wasn’t long before he began to struggle to stay above the water.  His friends attempted to help him, but they were unsuccessful. The teen was eventually pulled out of the water by police officers, an apartment staff member, and the father of one of the other teens.  

The teen was in critical condition when paramedics rushed him to a local hospital.  Doctors tried to stabilize the victim, but he eventually succumbed from his injuries on Sunday evening.

It is unclear if anything could have been done to prevent the tragedy.  As happened in this case, when a victim falls who is unable to swim falls into the pool, the person’s body often panics.  The erratic movements of the person then make it difficult for friends to help keep the person’s body above the water.  That is why it is vital to have life-saving equipment like phones, ring buoys, life ropes, and shepherd hooks to help swimmers in distress.  This emergency equipment is often the difference between life and death for those swimmers caught in circumstances like the young man in this case.

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Boy Dies in Georgia Apartment Swimming Pool Accident

Posted by Jesse Guerra on June 01, 2011

The Augusta Chronicle reported today on a tragic apartment swimming pool accident that took the life of a seven year old boy.  Walter Copeland III was visiting a family friend with his three siblings on Sunday evening.   The four children were swimming in the apartment pool along with several others, including a few adults.  The teenage family friend left the pool for quickly and upon her return she saw the young boy on the bottom of the pool.  He was immediately pulled out, but there was nothing that could be done.

All the other swimmers report not seeing the drowning child at all.  While it may seem surprising that a child could drown while surrounded by others, a pool that is overcrowded actually poses an increased risk of drowning.  When too many people are allowed inside a single pool at a given time, it is difficult to notice the struggling of a single child.  Even when lifeguards are on duty, if there is too much activity in the water for them to properly monitor than swimming pool drownings are possible.

 

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Information Available Regarding Pool Safety Legal Requirements

Posted by Jesse Guerra on May 26, 2011

Pool ProblemsUnfortunately many individuals do not properly consider the many pool safety measures required by law until after they have been cited for deficiencies, or worse, after an accident has already occurred.  A swimming pool accident lawyer often deals with the owners and operators of pools, including those at apartment complexes and hotels, who were not accurately aware of the various safety rules to which were legally responsible.       

This is disappointing because the resources are available to help spread the word about pool safety.  For example, the Texas Department of State Health Services provides a frequently asked questions list to assist in the pool safety awareness effort.  Even a brief perusal by those in charge of swimming pools would make clear whether they were in violation of certain safety obligations.

One of the many issues discussed is that of depth warnings.  Depending on when the pool was constructed (before or after October 1, 1999) there are requirements for when the bottom of the pool must have a line on the pool floor when the depth exceeds five feet.  In addition, the list shares some details about the legally required use of emergency “telephones” and the proper posting of emergency signage.

Of course, the list of requirements in is not entirely comprehensive.  There remain other basic safety necessities to which all owners and operators may be held.  Perhaps one of the most important is the need to maintain proper water clarity.  As far too many families have learned, murky pool water often obscures drowning children making them difficult to see and rescue.  A variety of causes for cloudy water exist, including poorly trained maintenance staff, improper chemical usage, broken pumps, and other equipment problems.

Different legal requirements may also arise depending on where the pool is located.  For example, apartment pools like the one which took the life of young Gecari Carroll in the Phoenix swimming pool accident last week, have a series of obligations to protect all those who may use the pool.  Those obligations include ensuring clear water with a visible drain, even in the deepest part of the pool.

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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.

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