Judge Rejects Negligence Lawsuit After Toddler Drowns in Apartment Complex Pool

Posted by Jesse Guerra on May 15, 2013

 

What is an apartment complex’s duty with respect to an on-site swimming pool? Earlier this year, a federal judge in Philadelphia dismissed a lawsuit brought by the mother of a toddler who drowned in a pool operated by an apartment complex the family was visiting. The judge found the child’s death was not the result of the property owner’s negligence.

 


Toddler Drowns at Pool With No Lifeguard


In July 2010, Korrien Marie Castro and her children visited Shavon Melendez at her residence in the Sweetbriar Apartments in Lancaster, Pennsylvania. Sweetbriar operates a swimming pool open to residents and their guests. Sweetbriar did not provide any lifeguards for the pool, and posted a sign that individuals “swim at your risk.”


Around the time of Castro’s visit, Sweetbriar further warned residents, including Melendez, about the complex’s pool safety policies. No children under 14 could be present in the pool area without a parent or guardian present and each resident could only bring two guests.


During their visit to Sweetbriar, Castro and her children ate lunch with Melendez and others in the pool area. At some point Castro realized her son, Jahli Clemens, who was just shy of three, was missing. After looking for Clemens in Melendez’s apartment, they heard a commotion from the pool. Melendez jumped into the pool and retrieved Clemens. He was taken to a local hospital and pronounced dead.


Judge Rejects Lawsuit for Lack of Evidence


Castro sued Sweetbriar’s owner, CLK Multifamily Management, LLC, alleging negligence. Castro argued management contributed to Clemens’ death because (1) there should have been a lifeguard on duty, (2) the pool area was overcrowded, (3) the locks around the pool area’s gates were defective and (4) management should have shut down the pool in the first place due to safety issues.


boy in poolU.S. District Judge Mary A. McLaughlin issued a decision on January 24, 2013, ruling in favor of CLK. Judge McLaughlin said all of Castro’s negligence claims lacked merit. For example, on the issue of no lifeguards, Judge McLaughlin said that under Pennsylvania law, lifeguards were only mandatory at “recreational swimming establishments” open to the general public. Pools operated by apartments, condominiums or other hotels for the benefit of residents are excluded.


As for the other negligence claims, Judge McLaughlin said there was no evidence connecting Castro’s allegations to her son’s death. By her own admission, Castro “took her eyes off” Clemens for several minutes despite CLK’s clear warning that parents were responsible for their children’s safety in the pool area. Castro presented no evidence, to Judge McLaughlin’s satisfaction, showing CLK might have been at fault.


Understand and Protect Your Rights


Sweetbriar apparently operated its pool within the requirements of state and local law. Jahli Clemens’ death shows why it’s important for parents to understand how their own localities regulate different types of swimming pools. But Korrien Marie Castro’s lawsuit should also not discourage anyone from working with a swimming pool accident attorney when there’s evidence of a pool owner’s negligence. If you or a family member have suffered injuries, even death, due to unsafe swimming pool conditions, contact Jesse Guerra at the J. Guerra Law firm right away.


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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.  

 

Be Careful During Holiday Get-Aways

Posted by Jesse Guerra on November 21, 2012

For many of us the holiday season is all about sitting around a table, visiting with friends and family, eating good food, and showing thanks for the good things in our life.  However, for others, this season is also a time for vacations for holiday travel.  Growing in popularity are tropical trips during the winter months (including during the holiday stretch).  Sometimes great deals can be found at these times to stay at resorts in warm climates, wading in the ocean or lounging in hotel pools.  These can be couples getaways, solo efforts, or even family affairs.indoor hotel pool 3.jpg

Whatever the holiday season might mean for you, we hope you have wonderful season.  At the same time, we want to offer a few reminders to those who might be in warmer locations on the need to remain ever-vigilant on the dangers of water.  Obviously if you are spending time at an indoor hotel pool, outdoor resort, or other aquatic location, it is of the utmost importance to act cautiously to ensure everyone enjoys their time and is not harmed in a pool drowning or near drowning.

Jesse Guerra, the founding attorney at our firm who remains one of the most high-profile water safety advocates in the country, reminds everyone that water accidents can occur at any time of the year and strike in any location.  That is particularly true when those in charge of operating and maintaining the safety of the location are not as diligent as they should be in focusing on safety.  Sadly, this basic swimming pool negligence remains a constant problem across the country.

A few tips to keep in mind for those who will be in or near the water this season:

--Be careful of the effects of alcohol.  Obviously holiday drinks are a popular part of various festivities, from egg nog to hot toddies.  However, it should go without saying that drinking while in or near the water is incredibly risky.  The potential for less adept judgment-making and physical problems is acute.  Imbibe carefully when water is involved.

--Never swim in murky water.  One of the most common problems which causes serious (and sometimes even deadly) pool accidents is poor water quality.  Careful attention must be paid to keep the water clear so that the bottom of the pool is visible and struggling swimmers are identified.  Some owners and operators may have let their pool quality deteriorate over the winter, meaning the water is murky.  This is unacceptable.  Do not swim in locations where the quality is not as it should be.

--Make sure proper safety equipment is nearby.  Sometime owners and operators cut corners and fail to ensure the necessary, often life-saving, equipment is available and easily accessible at all times of the year.  If you are in the water, be sure those things are around.

If you or someone you know has been harmed in a swimming accident, please take a moment to reach out to the attorneys at the Law Firm of Jesse Guerra to learn how we can help.

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Child Drowns in Community Pool Surrounded By Fifty Other Children

Owners & Operators Can Be Held Responsible for Drownings

Posted by Jesse Guerra on October 21, 2012

late night party.jpgIn the aftermath of a serious pool drowning accident, many families are often confused about the legal ramifications of the incident.  For one thing, most are not familiar with the legal rules that apply in these situations that determines which parties are at fault, should be held accountable, and might be required to provide some redress for the losses.  Making matters more confusing is the fact that there often may be more than one single cause.  What happens in those cases?  And what about the situations where the pool isn't even owned by a person by run by the local government--public pools?

As a basic rule, accountability for the accident can be sought in almost all situations, even with multiple causes and public owners.  That is because legal cases that stem from pool drowning accidents are based in the law of negligence.  Under this legal cause of action, someone who is harmed (or their family) must prove that another party owed them a duty, failed to fulfill that duty, and caused harm as a result.  In almost all cases, the owner or operator of the pool owes a legal duty to those swimming in the pool.  That includes the duty to act reasonably to prevent a drowning accident.  That duty also includes having things in place so that the consequences of an accident are less serious (i.e. safety equipment nearby).  When those duties are breached and a drowning occurs, then the owner or operator may be required to provide redress to those harmed.

Also, importantly, there can be several causes to an accident, and in most cases all those who play a role can be held accountable.  For example, a common question involves accountability in situations where family members blame themselves, wondering if they should have done something more to prevent the accident.  It is normal for others to wonder if they should have kept a closer eye on little ones, not left a child alone, or otherwise acted differently.

Individuals in those situations should not be under the assumption that because they are doubting themselves that there is no way to hold an owner to operator liable for their negligence.  This is particularly important because of the accountability function of civil lawsuits following an accident.  For example, if pool water is murky, then that murkiness likely contributed to the accident, regardless of how close supervision was.  In those cases, it is critical to hold the owner accountable so that changes are permanently made to improve water clarity for the future.  It might be the difference between safe swimming in the future and a second accident.

The bottom line is that all families should know that they have legal options to ensure full accountability following a drowning or near-drowning.  That is true no matter whether the pool is owned by a hotel, apartment complex, the public, or others.  The first step is simply reaching out to a legal professional in this area to share your story and learn more.

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http://www.swimmingpoolsafetynews.com/child-pool-accident/child-drowns-in-community-pool-surrounded-by-fifty-other-children/#mce_temp_url#

Olympian's Water Safety Campaign

Posted by Jesse Guerra on July 05, 2012

Olympian Cullen Jones nearly drowned at the age of five, but rather than live in fear he went onto earning the gold medal in a swimming relay in the Beijing Games.  According to Reuters.com, the Olympic swimmer is now driving a campaign to slash the drowning rate in the United States, a goal our national swimming pool accident lawyer has been working towards for his entire career


Jones had gone down a ride at a water park that flipped him upside down and nearly drowned him.  He needed full resuscitation after the incident.  Instead of scaring him away from water for life his Mother had him in swimming lessons that same week.  Today, Jones thanks his parents for making that move, saying that too many parents scare their children away from the water after similar incidents.

Today Jones works with the group “Making a Splash”.  Jones wants people to view swimming as a life skill, and not just an activity for fun and vacations.  He is putting a special emphasis on lowering the disproportionately high drowning rate among African Americans, which is three times higher than any other ethnic group’s drowning rate in America.  Further, the USA Swimming Foundation has reported that 70 percent of African Americans and 60 percent of Hispanic children do not know how to swim.  By teaching minority children swimming skills this high rate of tragedy can be avoided.water side

Teaching swimming skills to Americans is an important measure in reducing our drowning rate.  Other measures that can be taken by swimmers and those supervising them as pools, such as always having an adult swimmer watching the swimmers in the pool and bringing a cell phone to the pool in case of emergency, can also have a dramatic effect on avoiding these tragedies.  However, it is also important that swimming pools are maintained and operated properly by their owners and operators.  This includes ensuring water clarity so swimmers under water can be seen, making sure swimming pools do not get overcrowded, and ensuring that life saving equipment and plans are by the pool.  If these measures are not taken, then swimming pool owners and operators can be held at fault for causing any accident that result.  If such an accident does occur it is important for any victim or victim’s family to seek the aid of a swimming pool accident lawyer.

Our nationally renowned swimming pool accident attorney has worked tirelessly to promote a similar message as Jones for his entire career.  He has headed Pool Safety Days in Texas, and represented countless victims and their families in cases where vital swimming pool safety measures were changed for the better.  He has helped hold swimming pool owners and operators across the country accountable 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 victims and their families of swimming pool accidents, as well as hold those at fault responsible.

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Near Drowning Ends in Death at Canyon Creek Apartments

Posted by Jesse Guerra on June 20, 2012

As our apartment swimming pool accident attorney has seen time and time again in his career, near drownings can have severe consequences. Sometimes the injury causes debhilitating injuries, while it can also eventually lead to a death.  This is a sad occurrence that is often a forgotten in the shadows of actual drownings.  According to the Tulsa World, a five year old boy nearly drowned in a swimming pool at the Canyon Creek Apartments in Tulsa, Oklahoma.  The boy was swimming with seven or eight other children, and when they noticed he had become submerged under the water they began screaming for help.  A woman at the scene performed CPR until emergency responders arrived.  The boy was taken to the St. John Medical Center in serious condition, where the boy sadly died.


The swimming pool at the Canyon Creek Apartments ranges between three and five feet deep and is not watched by a lifeguard.  A Tulsa Police Officer commented that the pool was likely too deep for a child of the boy’s size without a flotation device.  It was also noted that the boy’s parent was not at the swimming pool, but was present at the apartment complex.  The Tulsa Police Department’s child crisis unit is currently investigating the drowning.

As so tragically seen in this case, near drownings can have just as awful results as actual drownings and can be traumatic experiences even if a death does not occur.  When someone spends any amount of time not breathing severe injuries can result, including respiratory damage and brain injuries.  If the injuries are severe they may require long term care may be required, which can be a daunting financial prospect for the victim’s family.

Texas pool accidentLegal Help
To ensure that the resources to provide the type of long term care that may be required are available, it is important to contact a swimming pool drowning accident lawyer.  An attorney that specializes in swimming pool accidents can ensure that an investigation is completed to uncover any negligence by swimming pool owners and operators that may have contributed to the accident.  Any such negligence is unacceptable under the law, and negligent parties can be held accountable in a court of law.  This can come in the form of financial redress for the victim and the victim’s family to pay for needed medical treatment resulting from the accident.  It can also come in other forms such as requiring safety changes.

The J. Guerra Law Firm is known across the country for their work with victims and the families of victims in a wide variety of swimming pool accident cases.  Attorney J. Guerra has helped his clients navigate the aftermath of tragic drownings and near drowning incidents.  If you, or someone you know, has been affected by any sort of swimming pool accident the J. Guerra Law Firm can help protect your rights and obtain the redress that you deserve.  Further, they can help ensure that any negligent actions are remedied, thus making the swimming pool in your case a safer place for all future pool users.

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Mother of Drowned Houston Boy Files Civil Suit

Posted by Jesse Guerra on June 14, 2012

In May our Houston apartment swimming pool accident attorney was saddened to hear the KTRK News report that a six year old boy in North Harris County Texas had drowned at the Trails at Dominion Park Apartments swimming pool.  According to witnesses, the apartment complex swimming pool was crowded with kids when the young boy, Troy Lott Jr., went under the water.  Another child spotted the boy at the bottom of the pool and was able to pull him out of the water.  Lott was immediately taken to the Houston Northwest Medical Center where he was later pronounced dead.  It was unclear whether any adults were present at the apartment swimming pool at the time of the incident.  CPS began an investigation on the day of the drowning.

KTRK News recently followed up their initial report with a story detailing how Lott’s mother, Taheera Akilah Mahdi, has filed a civil suit against the apartment complex and its managers in the Harris County District Court.  Madhi is seeking damages and court costs in the lawsuit on behalf of her deceased son.  The suit claims that Lott drowned because apartment managers failed to offer a safe pool environment and proper safety equipment, in violation of Texas Department of Health and Safety standards.

Mahdi claims in the lawsuit that the defendants, the apartment complex and its managers, were negligent in several ways.  The suit alleges that they failed to maintain water clarity, failed to use flotation safety lines between the deep and shallow ends, failed to provide sufficient pool ladders, failed to control crowding at the pool, failed to conduct safety inspections, and failed to put safety rules and regulations into place. Our apartment complex pool drowning lawyer unfortunately sees these types of negligent acts by apartment complexes and their managers consistently in the cases he works on across the country.murky pool.jpg 

Our Texas swimming pool accident attorney has spent his entire career advocating for the safety of swimming pools everywhere, and adamantly believes that swimming pool owners and operators must be held accountable for their negligent acts.  They have a legal duty to make sure that certain steps are taken to ensure that their pools are safe for users.  If they fail to take these steps they should be held liable for any harm that comes from their failure to properly maintain their pools.

This summer has already seen too many drownings in Houston Texas, and it could only get worse as the summer goes on.   The J. Guerra Law Firm is known across the country for their work with swimming pool accident cases.  Attorney J. Guerra has helped countless victims and their families navigate the aftermath of these awful drowning and near drowning incidents.  If you, or someone you know, has been affected by any swimming pool accident he can help protect your rights and obtain the redress that you deserve.  Further, Attorney Guerra can help ensure that any negligent actions are remedied, thus making the swimming pool in your case a safer place for all future pool users. 

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Man Drowns in Apartment Pool on Memorial Day

Posted by Jesse Guerra on June 12, 2012

Recently there has been a lot of focus in the media about children drowning, but our national swimming pool drowning attorney knows that people of all ages are at risk for drowning and near drowning accidents.  This Memorial Day weekend brought an unfortunate reminder that swimming pool accidents can have tragic consequences for adults as well as children.  According to WRIC News an adult male in Richmond, Virginia drowned at an apartment complex on May 27th.  The Fire Department and the Emergency Medical Service were called to the Aden Park Apartments on German School Road at 6:30 PM after a maintenance worker discovered the man.  The maintenance worked started cardio pulmonary resuscitation as soon as he found the man.  The drowning is now under investigation.  

Although there are few known details about this unfortunate drowning, it was noted in that there was no lifeguard on duty at the pool.  However, there was a posted sign at the pool that read “Swim at Your Own Risk”.  With few details of how the drowning occurred it can be difficult for a victim or their family members to seek judicial relief.  A full and proper investigation will help the victim’s family pursue any available legal action, and thankfully in this case an investigation is already underway.  An attorney that specializes in swimming pool accidents will be able to assist the family in determining what legal actions may be available for the family.

In a case where negligence is found during an investigation of a drowning or near drowning, the victim, or their family, can choose to bring a civil suit.  In this instance the apartment pool drowning lawyer for the victim or their family must convince a jury that the victim’s side of the story is the correct version of events.  The burden of this attorney is to prove the facts and elements of the alleged negligence by “a preponderance of the evidence”. This is legal term which is generally understood to mean “more than 50 percent”.  If the jury believes that there was negligence by more than 50 percent probability, than the victim and their family can recover for their damages.  Further, a court can force safety changes be made when negligence is found, making the swimming pool safer for all future users.

However, in many cases these lawsuits do not go all the way to a trial.  Instead, families are often able to reach a settlement with the involved parties.  An experienced legal professionals drilled in drowning cases is essentially to help facilitate a timely, fair, amicable settlement.

Our Texas swimming pool accident attorney at the J. Guerra Law Firm is proud to work for the rights of the victims of tragic swimming pool accidents and their families.  He has worked with many victims harmed in a wide range of apartment drowning accidents from across the country. Our firm has vast experience in these types of cases, and understands all of the legal issues related to these events.  In addition to helping victims protect their rights, our attorney has also spent his career working to raise awareness of swimming pool safety. 

 

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Teenager Nearly Drowns at Apartment Swimming Pool

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Teenager Nearly Drowns at Apartment Swimming Pool

Posted by Jesse Guerra on May 30, 2012

Our Texas swimming pool accident attorney was saddened to hear the WALB News reported that an East Albany, Georgia teenager nearly drowned on the afternoon of Saturday May 19th.  Eighteen year old Dontavious Crapp was swimming at a pool party at the Pine Forest Apartments complex when other pool goers realized he had been under the water for approximately five minutes.  Witnesses say that a man at the swimming pool pulled Crapp out of the water and began CPR immediately.  Crapp began throwing up water, but he remained unconscious at the scene.  Emergency responders arrived and transported Crapp to the hospital.  He has been listed in fair condition.

Near drownings are extremely traumatic events for the victim and their families, but when the cause of the accident is unknown it can add unneeded stress to the situation.  After a near drowning incident with an unknown cause it is important to complete a full investigation.  These investigations often uncover lapses in safety measures, derelict maintenance, and improper equipment.   A drowning accident lawyer can help ensure that a proper investigation is completed to uncover such issues.  If any negligence, such as a lapse in safety measures, is found during the investigation then the victim and their family can bring legal action against the party at faultmurky pool.jpg.

An experienced apartment swimming pool drowning attorney can assist victims and their families in ensuring that their basic legal rights are protected. These actions can help the victim financially by covering such things as medical costs, lost wages, and other expenses.  Legal action can also force changes by the party at fault.  For example, if a pool owner was found negligent for improper fencing surrounding the pool, which lead to a drowning or near drowning then they can legally be required to fix/replace the inadequate fencing.  These types of changes make swimming pools a safer place for all.

As we enter the summer months our national swimming pool accident lawyer wants swimmers to remain vigilant regarding pool safety measures.  However, beyond what swimmers themselves can do to remain safe while at the pool, it is also extremely important that pool owners and operators take their role in pool safety seriously.   There is no excuse for improper safety measures, maintenance, or equipment when it puts swimmer’s safety at risk.  Those that fail to take these precautions must be held accountable. 

Our national swimming pool accident attorneys at the J. Guerra Law Firm are proud to work for the best interests of victims of tragic swimming pool accidents and their families.  Besides helping victims seek financial redress for the many losses that accompany near drownings and drownings, we also work to promote water safety in general.  It is the combination of swimmer awareness of safety measures and the proper safety steps taken by pool owners and operators that can keep everyone secure this summer season.  The J. Guerra Law Firm takes this message seriously and will zealously advocate for your case.   

 

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Another Drowning in Houston Apartment Pool

Posted by Jesse Guerra on May 24, 2012

Our national swimming pool accident attorney recently reported on a young girl who tragically drowned in South Houston.  He was shocked to hear the Chron.com report that yet another drowning of a young child has occurred in Houston.  Over the weekend a six year old boy drowned in North Harris County in an apartment complex pool.  He was one of several children playing at the swimming pool of the Trails at Dominion Park Apartments.  The drowning is currently being investigated, and no details regarding the circumstances of the accident have been released. 

Apartment Swimming Pool Dangers

This unfortunate drowning is already the ninth drowning in Houston in 2012 and the eighteenth drowning in the state of Texas since the start of the year.  Our Texas drowning accident lawyer knows that as we enter the summer months the number of drowning incidents is likely to increase as more and more people head to the pool.  Although all swimming pools can be dangerous, apartment complex swimming pools often carry their own unique dangers for its users.  Unlike community pools, apartment pools are often unsupervised by lifeguards.  This means that there are no trained eyes on pool users and no one is monitoring how many pool users there are at any one time.  An overcrowded pool can be an extremely dangerous place, especially for young users.  This also means that there is often no one present with first aid and CPR training, which can mean the difference between life and death in a drowning incident.

Another apartment swimming pool danger that our Houston swimming pool accident lawyer is all too familiar with is the failure of owners and operators to properly maintain the pools.  Unfortunately, this is often the case because of the cost of proper maintenance of a pool.  However, it is not just important to maintain a pool, but it is a legal requirement.  Pool owners and operators have a legal duty to make sure that they take certain steps to make sure that their pools are safe for users.  If they fail to take these steps they can be held liable for any harm that comes from their negligence in maintaining their pools.  This can mean that a victim, and/or the victim’s family, of their negligence can obtain financial redress for the harm that they suffered.  This can also mean that changes to safety measures and maintenance for the pool are forced.

pools closedAs the weather heats up apartment residents will be using apartment complex pools more and more.  In order to avoid awful accidents like the drowning that have been occurring in Houston it is important for everyone to keep basic swimming safety measures in mind and for owners and operators of these pools to meet their legal duties.  If you, or someone you know, has been affected by a drowning accident, contact our nationally-renowned swimming pool accident attorney Jesse Guerra at the J. Guerra Law Firm.   Mr. Guerra can help you obtain the redress that you deserve, and help make the swimming pool in your case safer for all users. 

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Four Year Old Autistic Boy Dies in an Apartment Swimming Pool Drowning

Posted by Jesse Guerra on May 17, 2012

Our apartment complex swimming pool lawyer was saddened to hear The Boston Globe report that another young child has become the victim of a drowning.  On May 13th four year old Alexie Lepoer drowned in the murky pool of the Park Village West Complex in Worcester, Massachusetts.  Lepoer had been seen walking along around the pool area of his apartment complex unattended prior to the drowning, and according to maintenance crews, the boy had been seen wandering around the complex alone before. 

It is believed that the severely autistic Lepoer pushed out the window screen of his parent’s first floor apartment and made his way to the pool area.   He was clothed in a T-shirt and diaper when he left the apartment and was carrying a toy phone.  The toy and diaper were found near a loose section of the chain-link fence that surrounds the pool.  It is believed Lepoer crawled under the fence at this loose section.

A representative of Lepoer’s family said they believed that he went missing at about 3:40 p.m. and that it took the family ten minutes to realize that he was gone.  The family called police just before 5:00 p.m. to report the boy as missing.  He was found thirty minutes later submerged in the pool.  First responders attempted to revive him at the scene, and he was transported to UMass Memorial Medical Center where he was pronounced dead.  The state medical examiner is performing an autopsy.

The pool had not been opened this year, and the gate surrounding it was reportedly locked at all times.  However, the water was incredibly murky with only two feet of visibility.  The pool had been inspected in August by town regulator, and the fence was deemed in proper working order upon a visual inspection.  Paul McNulty, Director of Public Health for Worcester has stated that his department has begun closer inspections of fences and noticed similar problems with pool fencing.  The question still remains, however, as to how the child was able to access the water if it was supposed to be locked at all times.  It will be important for those involved to ensure a full investigation is conducted to provide real answers.

Although swimming pools can be dangerous for all people, they are especially dangerous for children under the age of 14.  According to the Center for Disease Control and Prevention drowning is the second leading cause of unintentional death for children up to age 14, and children four and under have the highest drowning rates.  Our Texas swimming pool drowning lawyer believes that because of this high likelihood of accidents in this age range it is vital that specific precautions be taken by pool owners and operators.   This is especially true when owners or operators know young children are in the area with access to the water, such as in this casepools closed.

The swimming pool attorney at the J. Guerra Law Firm has extensive experience helping all those who 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 those required preventative steps and someone is hurt or drowns then a lawsuit 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.

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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

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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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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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