Swimming Pool Safety News

Should high schools maintain swimming pools? A local newspaper editorial in Lowell, Massachusetts, asked that question following two drowning deaths in the past nine months at pools operated by local high schools. The editorial noted that in Massachusetts, high school pools are not subject to the same state regulation as pools in private homes or “semi-public” areas.

Few Answers for Freshman’s Family

On April 9, 2013, Greater Lowell Technical High freshman Danny Svay died after drowning in the school’s pool. Local police said Svay was found at the bottom of the pool unresponsive. Although police declared the drowning accidental, the Middlesex County District Attorney reportedly continues to investigate the circumstances surrounding Svay’s death. Many details remain unclear, including how Svay was found in the water, how long he was there, and exactly who was in charge of pool safety for the school. 

The Boston Globe reported on April 12 that Svay’s family was “desperate” for answers about his death and how it might have been prevented. TheGlobe suggested that Svay was in the pool for gym class and said that he was “not a strong swimmer” and “frightened” of the water. Following Svay’s death, Greater Lowell Technical High closed the pool for the remainder of the school year to everyone, including outside groups using the facility.

Immigrant Dies in Unsecured Pool

Sadly, this is not the only accidental teen drowning to hit the Lowell community in recent months. Last August, 17-year-old Eddie Gayyean drowned in the pool at Lowell High School less than five miles from where Danny Svay died. Gayvean, a recent immigrant to the United States from Liberia, apparently gained access to the Lowell High School pool after hours. His body was later discovered by a swimming team that had arrived for practice. The Lowell Sun noted that “it was common knowledge the swimming area was accessible” and school officials had not taken steps to secure the pool even after repeated trespassing incidents.  

Massachusetts does not directly regulate swimming pools operated by schools. While pool construction is subject to oversight from the state’s public health department, once operational, it’s up to the school district to comply with local health and safety codes. The Lowell Sun reported that a review of the Lowell High School pool following Eddie Gayvean’s death revealed 32 “routine” health-code violations. Indeed, neither the pools at Lowell High School or Greater Lowell Technical had full-time lifeguards, which are considered too costly for school budgets.

Lessons Learned

The Lowell Sun posed the question, “If we cannot operate a pool with absolute safety, is it worth having one?” It’s a natural reaction to the two recent tragedies. While it’s unlikely the nation’s high schools will shutter their swimming pools, these deaths emphasize the importance of safety and accountability for all pool operators. The families of Danny Svay and Eddie Gayvean deserve answers. And if you or a family member find yourself in a similar situation, you don’t have to just sit on your hands and wait for officials to react. Contact nationally renowned swimming accident attorney Jesse Guerra at the J. Guerra law firm today if you need help in Texas or anywhere in the United States.

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Teenager's Drowning Death Leads YMCA to Defend Pool Safety

Pool Safety Campaign Targets Minority Children

Many different news outlets reported last week on the tragic drowning death of a boy in a Disney World pool.  The awful event is another reminder of the need for swimming pool owners and operators--particularly those at high-profile attractions like Disney World--to be extremely vigilant about aquatic safety at all times. With warmer weather coming soon, more and more families will have youngsters in or near the water.  For that reason, now is as good a time as any to discuss the importance of pool owners and operators following the law to prevent accidents.

Disney World Drowning

According to reports, a thirteen year old boy, Anthony Johnson, was with his family at the Disney’s Pop Century Resort in Lake Buena Vista, Florida.   The family was apparently visiting from their home in Fordland, Missouri.  The accident occurred last Sunday night, while the teen was playing in a large pool at the resort.  The teen was apparently in water that was about four and a half feet deep, with many others in the water and around the pool.

Considering it is the middle of the winter season for North Americans, few residents are thinking about water safety at the moment.  Come May and June, we will all see a rush of articles about remaining safe and secure in the pools, rivers, water parks, and other locations.  But right now, it is all quiet on the Western front.  This is unfortunate because every day there are still thousands of youngsters who are in and around the water throughout Texas.   The risk of an accident still remains.

For example, not long ago there were reports of a near-drowning at a Trophy Club pool. The facts of the situation as they have been released thus far are similar to those seen in many child drowning accidents.  Dallas News suggests that a two-year old child was near the water earlier this month when, for reasons that are still being sorted out, he ended up in the pool.  

Police were called and emergency responders arrived after he was found unresponsive and not breathing.  CPR was performed and the child was brought back to a semi-conscious state.  As of right now the medical experts believe that the boy will survive, but it was noted that he was in “serious” condition.  One can only hope that the child will make a full recovery and there will not be any long-term side effects.

Near-Drowning Damage
Sadly, many children who are harmed in near-drowning accidents have physical damage that takes years to improve, and the harm is sometimes permanent.  Oxygen deprivation is the hallmark of a drowning.  And when a child’s brain is deprived oxygen for a certain length of time, damage may result that cannot be reversed.  Even in cases where the child survives, that damage may permanently alter their lives and basic functioning.

Wherever There is Water, There is Risk
As this winter near-drowning in Texas reminds us, these accidents can strike at any time.  The summer is not the only time for community members to be aware of the risks and to take action to ensure safety.  The need is especially potent for owners and operators of spaces where swimming occurs indoors--like at hotels, motels, some apartment complexes, and water parks.  These spaces often invite guests to partake year-round, and so there is obviously no excuse for lapses in safety protocols that risk the lives of simmers.

If you or someone you know may have been harmed in a drowning accident, please contact the Texas swimming accident lawyer at our firm to see what can be done to ensure fair compensation and full accountability.  

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.

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

Water parks attract families to their slides, wave pools, and other swimming pool attractions across the country.  This is especially true during the warm summer months.  Our swimming pool accident lawyer knows that despite the promise of fun that these water parks hold, they also can present grave danger.  This was proven all too true when a six year old girl nearly drowned in the wave pool of the Seven Peaks Water Park in Utah.  As ABC 4 News reported, witnesses noticed the young girl’s lifeless body under the water and notified the lifeguards nearby.  Witnesses say that people were pleading for someone to jump in to rescue the girl as lifeguard hesitated to act.

The owner of the Seven Peaks Water Park has a different story.  Owner, Gary Briton, says that a lifeguard on duty saw the girl struggling in the water and jumped in the pool to save her.  Briton says that CPR was administered immediately and the girl was breathing before emergency responders arrived a few minutes later.  The Provo City Fire Marshal agreed with Briton, hailing the lifeguard for preventing an extreme tragedy because of their training.

What was even more disturbing about this near drowning is that the six year old was in the wave pool unsupervised.  Two lifeguards escorted the young girl to the ambulance to be transported o the Utah Valley Regional Medical Center.  The girl’s mother was found an hour after emergency responders had been called to respond to her daughter’s near drowning.  The young girl reportedly stayed in the hospital overnight.

Although there are two contradicting accounts of this near drowning, each story holds an important safety lesson.  The first lesson is that the presence of lifeguards is not a guarantee for water safety.  If a swimming pool is overcrowded it can be difficult for a lifeguard to spot struggling swimmers.  Further, if a lifeguard is not focused on their job while on duty then struggling swimmers can easily be overlooked.  When lifeguards have roadblocks in the way of doing their job or they flat out fail in their duty, the consequences can be deadly.

The second lesson is that when children are in and around swimming pools they must always be supervised by an adult who knows how to swim, even if there are lifeguards present.  Children are at a high risk of near drowning and drowning accidents as they do not always have the maturity level to appreciate the dangers of swimming pools.  It is therefore vital for adults to supervise children to avoid these tragic accidents.

Our swimming pool lawyer wishes to urge all water park guests to take water safety measures into their own hands, as well as urge water park owners to ensure that lifeguards are properly trained to perform their jobs.  If you have been a victim of a swimming pool accident, or know someone who has, the nationally renowned swimming pool accident attorney of the J. Guerra Law Firm can help protect your rights.

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Man Dies In Water Park Slide Drowning Accident
Near Drowning at Philadelphia Aquatic Center

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

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

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

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

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Peak in Near Drownings in Orange County, California
"Step Into Swim" Campaign Launched

Our national swimming pool accident lawyer was glad to hear the Shreveport Times report that nine year old Shelby Patrick was saved from nearly drowning at the East Ridge Country Club in Louisiana.  Patrick was attending a birthday at the country club.  She was found under the water in the deeper end of the swimming pool, which ranges from three to twelve feet deep.  Two off-duty nurses and one off-duty doctor were present at the country club and were able to perform CPR as soon as she was pulled from the water.

Within two minutes of being called, emergency responders from the Shreveport Fire Department arrived on the scene.  They continued CPR and transported her to the Willis-Knighton South Hospital.

Although Patrick was lucky to survive, she did not go unharmed.  The Shreveport Times reported that when Patrick was brought into the hospital she was heavily sedated for several days and remained on a ventilator the entire time.   Thankfully CT scans showed no brain swelling or fluid buildup.  Patrick’s family has been told she will be allowed to wake up on her own and will be taken off of the ventilator.


Although many of the details of the near drowning are unknown, some information has begun to emerge.  It appears that Patrick does not know how to swim, and it is unknown whether she was supposed to be in the swimming pool at all.  According to the East Ridge Country Club General Manager Ricky Rogers, there were thirty people swimming in the pool, yet it is still unknown how long she was under the water.  There were many adults attending the party and approximately fifty people in the pool area, including family members of Patrick’s.  In addition, there are two lifeguards in the stands and five total on duty at the time.

Patrick’s family has not initiated any legal action at this time.  However, if they choose to in the future it is important that a complete investigation is completed as soon as possible.  One fact that stands out in this case is how many people were in the pool.  Often, when a pool is overcrowded lifeguards have a difficult time spotting anyone in distress.  As no one knows how long she was under the water, overcrowding could have possibly been a reason why.  If her family chooses to pursue a legal suit it is vital to contact a swimming pool accident lawyer.

Our nationally renowned swimming pool accident attorney wishes to encourage all swimmers to remain vigilant in swimming safety measures as summer heats up.  He also wishes to promote swimming pool safety measures amongst the owners and operators of swimming pools.   Simple measures, such as limiting the number of people in a pool at one time, can save lives.  When owners and operators fail at these safety measures and people are hurt, they should be held accountable.  The J. Guerra Law Firm can help victims and their families through the aftermath of such tragic accidents to receive the redress that they deserve.

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The swimming pool accident attorney was thrilled to hear of the “Step Into Swim” campaign (the Campaign) which was recently launched by the National Swimming Pool Foundation (the Foundation).  The campaign was launched on May 31st in Colorado Springs, Colorado.  According to MarketWatch.com the Foundation is a non-profit that aims to educate the country about the benefits of aquatic activity and how to keep safe while enjoying such activity.  The campaign is a 10 year plan which aims to improve national health, reduce healthcare costs, and reduce the amount of drowning occurrences across the country.  The Foundation’s theory is that by teaching more people how to swim the high costs of drownings can be saved, with an added health benefit.

The campaign will initially partner with nine organizations in order to teach adults that are afraid of water, children, and minority populations swimming skills.  The nine partners are: YMCA of the USA, Jewish Community Centers, U.S. Swim School Association, World's Largest Swim Lesson, Miracle Swimming Institute, Strategies for Overcoming Aquatic Phobias, American Red Cross, Make a Splash Campaign, and Swim America.  In addition, private and public sectors are both being asked to sponsor or donate to organizations that teach swimming skills and can receive tax benefits for their donations.  The Foundation touts the important benefits of swimming.  The main benefits they are focusing on include the reduction of drowning rates, the fun and enjoyment of the activity, and the health benefits.  A detailed description of all of the benefits of the campaign’s goals can be found at www.StepIntoSwim.org.

Drownings have obvious physical and emotional costs, but beyond those costs there is also a high economic cost.  It is estimated that over the next two decades drowning will cost society approximately $100 billion.  This cost will be one focus of the second phase of the campaign.  This next step has been dubbed “Step Into Swim Congress”.  Nine of the campaign’s partners will be presenting proposals to Congress.  These proposals will outline each organization’s plans to teach more people across America how to swim in order to help avoid the many terrible costs of drowning incidents.  Further information about the entire “Step Into Swim” campaign can be found on the Foundation’s website www. nspf.com .

The nationally renowned swimming pool drowning attorney at the J. Guerra Law Firm has spent his entire career advocating for the safety of swimmers, which includes teaching swimming skills to all to prevent tragic swimming pool accidents.  He has represented victims and their families in a wide variety of swimming pool accidents, including victims that range of the very young to full grown adults.  No matter what the case, our pool accident lawyer has always fought for his clients rights, and helped hold those at fault liable for their actions in order to make a safer swimming environment for all.  If you, or someone you know, has been affected by any type of swimming pool accident J. Guerra can help protect your rights and obtain the redress that you deserve.

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The nationally renowned swimming pool attorney at the J. Guerra Law Firm has advocated swimming pool safety issues throughout his career.  He was glad to hear the Washington Post report that the U.S. Consumer Product Safety Commission (the Safety Commission) will also be championing the same swimming pool safety message through the national “Pool Safety” campaign.  In addition, the Safety Commission also recently released its annual childhood drowning report. 

The Report

The Safety Commission’s report estimates the number of deaths and injuries associated with all swimming pools, spas, and hot tubs across the nation.  This year’s report found that the annual average from 2007-2009 of deaths involving children under the age of 15 was 390.  67 percent of these deaths occurred in children ages one to three.  From 2009 to 2011 the annual average of injuries occurring in children under the age of 15 was 5,200, with 66% of the injuries occurring in children age one to three.  It was also reported that more than half of the deaths occurring in children under the age of five involved a lack of adult supervision.  A representative of the Safety Commission said that these statistics are consistent with other reports, and that drowning has long been known to be the number one cause of death in children under the age of five.  

The Campaign

The “Pool Safety” campaign urges all parents to learn swimming pool safety measures and teach these measures to their children, a message often espoused by our Texas swimming pool drowning lawyer.  However, this year the campaign will have a special focus on the need to teach swimming pool safety measures to African American and Hispanic children.  The focus on these two minority groups was chosen because the data on swimming pool accidents has shown that they are at the highest risk for drowning.  According to the Center for Disease Control and Prevention, African American children between five and fourteen are three times more likely to drown than Caucasian children.  Further, according to the USA Swimming Foundation, 70% of African American and Hispanic children cannot swim.  The Safety Commission is working in conjunction with the Y, the American Red Cross, public schools, and various other community organizations to provide free swimming lessons across the country.

Legal Help

Texas swimming pool accident attorney Jesse Guerra of the J. Guerra Law Firm strongly believes that teaching swimming safety skills is vital in order to prevent tragic swimming pool drownings and accidents.  When these accidents do occur, it is important to contact a lawyer who specializes in swimming pool accidents.  Mr. Guerra is known across the country for his work with swimming pool accident cases, and he has helped countless victims and their families navigate the aftermath of these awful incidents.  If you, or someone you know, has been affected by a swimming pool accident he can help protect your rights and obtain the redress that you deserve.  Further, he 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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Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

YMCA Launches Anti-Drowning Campaign

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.

As 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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Young Girl Drowns in Apartment Swimming Pool

Two Boys Drown in Apartment Complex Swimming Pool

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

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

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

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

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

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Two Boys Drown in Apartment Complex Swimming Pool

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The Hartford Courant reported this month on the tragic drowning death of a young high school freshman.  Our swimming pool drowning lawyer knows that the worst season for these accidents is the summer, when many more people hit the waters to beat the heat.  However, it should not be forgotten that winter tragedies also occur.  Wherever there is water, the risks of injury are present. 

What seems particularly disturbing about this latest incident is that the drowning occurred in the middle of a high school swim class.  According to the story, 15-year old Marcum Asiamah, a freshman at East Hartford School, was participating in a swimming class with other students when the tragedy struck.  Details about the incident remain murky, and local authorities have yet to release any concrete findings.  What little has been reported suggests that no one knows for sure when the boy went under water.  All that is known is that at some point during the lesson he was spotted at the bottom of the pool by other swimmers.  Those nearby pulled him out of the water and emergency responders were called.  CPR was being performed when the crew arrived, but it was to no avail.  The boy did not survive the incident.

The school’s superintendent issued a very brief statement noting that “student safety is of paramount concern, and the school district will continue to work with the East Hartford Police Department to investigate this incident.  The pool will remain closed pending this investigation.”

Obviously Marcum’s family and friends—as well as all concerned community members—likely have many questions.  The most obvious one would be how the young man could have fallen under the water surrounded by others without someone noticing before it was too late.  It is particularly shocking when one considers that there must have been teachers or other adults around providing supervision and leading the less.  It is unacceptable for lax supervision to be provided to students at these times—particularly because the students likely have no choice but to participate in the lesson.

It will be incumbent upon all those involved to ask very tough questions to figure out exactly what happened here.  Our swimming pool drowning lawyer knows that a range of factors could have been in play.  Beyond figuring out whether there was proper supervision, other issues need to be addressed.  For example, water clarity may have been involved.  If the water was even the least bit murky, the cloudiness may have prevented observers from seeing the struggling student quickly enough when he slipped under.

If you or someone you know is dealing with a situation such as the one here, be sure to get in touch with legal professionals to learn more about how the law applies in these cases.  Our national renowned swimming pool accident attorney, Jesse Guerra, has worked on dozens of cases just like this one.  Known as the nation’s “go to” pool drowning lawyer and swimming safety advocate, Mr. Guerra helps families in the aftermath of these incidents who want to ensure that another tragedy is prevented.

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Texas Drowning Death Remains Under Investigation

Mother of Drowning Victim Demands Answers

Though the swimming season is drawing to an end for most people, many private pools are not yet closed for the winter.  This means the potential for tragic swimming pool accidents remains.  One family recently experienced heartbreak when their 16 month old son died after entering the family’s pool unsupervised.

An article in the Press Democrat described the horrible events that took place earlier this month.  The youngster’s parents were up in their bedroom on Sunday night.  The boy’s mother was resting in bed, recovering from a back injury caused by a car accident several days earlier.  The child was playing in the bedroom.  The boy’s father left the room for a couple of minutes.  When he returned, the toddler was gone. 

The father searched the house for the child and discovered that a sliding glass door on the main level was open.  The door led directly to the fenced-in area around the pool.  He looked in the yard for his son and found the baby face down in the shallow part of the pool.  Family members performed CPR and paramedics quickly arrived.  The child was transported to a local hospital but he died the following day.

Police investigating the incident believe it was an accident.  But disasters like this happen all too often, as our Texas swimming pool accident attorney knows from years of experience.  Unlike this case, however, frequently accidents are due to negligence.  Many times the last thing on the mind of family members after losing a loved one, especially a young child, is preserving their legal rights.  But in the event that someone you know is injured or killed in a swimming pool accident due to the neglect of someone else, contacting an attorney soon after the event is critical.

Time is of the essence because in Texas, there is a two year statute of limitations for all personal injury or wrongful death claims.  That means that the injured party or family members has only two years to file a lawsuit starting from the day the accident occurred or when the family member died.  Much preparation can be required before a lawsuit is ready to be filed.  In order to do that, family members must contact an attorney well before the two year mark.  This enables an attorney to research the accident and supporting laws to present the most convincing case possible.

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Our swimming pool accident attorney, closely follows develops in legal requirements throughout the country that may have effects on aquatic safety.  It remains important for all localities to take a serious look at water safety to ensure that local rules and regulations are tailored to keep swimmers safe.   For example, there have recently been some legal developments seeking to eliminate swimming pool accidents in California.

California, like Texas, is a warm weather state with lots of pools.  And as in Texas, pools are often associated with tragic accidents.  Apartment complex pools in particular are often places of great danger for young children.  In crowded private pools, accidents are not always noticed as soon as they should be.  As US Politics Today recently reported, the measures introduced in California were recommended after near drowning accidents of small children.  In both events, young kids were playing the pool, on the shoulders of the adults they came with.  Despite the close adult supervision, the children fell into the pool and nearly drown.  Luckily, in both incidents, bystanders came to the rescue and saved the children.

In order to facilitate pool safety, a 2007 law in California required all pools to comply with at least one of seven safety measures.  These measures include items such as fencing, self-closing and latching gates, and approved pool covers and alarms.  The law also recommends that private pool owners contact their home owners’ insurance company to see if additional safety measures are required to maintain coverage.

But pool safety requirements in California do not stop there.  In 2009 the Public Pool and Spa Safety Act became law.  This legislation requires additional safety measures for public pools.  Based on federal law, this act requires that pools built before 2010 be retrofitted to include anti-entrapment devices.  Pool owners who do not comply with the law may be subject to legal liability in the event of a subsequent accident.

While these laws are specific to California, Texas pool owners and users should note that they help create a nation-wide standard of care for pool safety.  In the event of a swimming pool accident, you should contact a Texas swimming pool accident attorney for additional advice.  Jesse Guerra, a swimming pool attorney and expert at the J. Guerra Law Firm, has years of experience helping all those who have suffered loss in these accidents. He understands that when pool owners do not comply with local standards for pool safety and violate the law, that violation might show the owner’s negligence in a civil lawsuit.  The negligence of the pool owner might entitle the victim to recover money to help pay for costly medical bills that result from such an event.  A lawsuit has the added advantage of warning other pool owners to take adequate precautions, which hopefully will allow other swimmers to avoid experiencing the same tragic events.

In an ideal world all pool owners and operators would do everything in their power to keep our vulnerable youngsters safe when around the water.  However, we do not live in that world.   Nearly 100 local residents have died this year as a result of Texas swimming pool accidents. Please get in touch with our office if you or someone that you know has been involved in one of these tragedies.

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Another Texas family is struggling with the loss of their son after a swimming pool accident on Friday.  The family buried the youngster on Monday August 29^th.  The family discovered the nine-year-old was missing around 8 pm on Friday.  He had been playing in the backyard when he disappeared.  An extensive search ensued but by the time the boy was found, it was too late.  Rescue workers discovered the child in a neighbor’s pool.  CPR was administered but medical officials were unable to revive or save him.

Our Texas swimming pool accident attorney knows that families who have experienced a loss as a result of a drowning accident are often unaware of their options.  Most accidents are just that, tragic mistakes.  But sometimes accidents are the result of the negligent behavior of swimming pool owners.  When swimming pool owners are remiss about their responsibilities they may be at least partially liable for subsequent accidents..  Consulting an attorney who specializes in swimming pool accidents can help family members pursue their legal rights.  A lawsuit will not undo the accident, but may help the family collect the funds they need to cover the cost of medical bills and other resulting expenses.

Swimming pool lawsuits also help remind pool owners about necessary safety measures.  Pool owners can do many things before an accident occurs to help prevent children from using pools without permission or supervision.  For example, a recent post on this blog focused on the importance of functional fences around pools.  Pool owners who do not protect young children from pools with appropriate fences might be legally culpable for their carelessness.

When older children or adults are involved, proper signage can be critical to help prevent accidents.  A simple sign ordering no trespassing or advising caution due to lack of supervision can go a long way towards preventing an accident.  Older children will often avoid pools if they see a sign that indicates there is no lifeguard, especially when they have been taught proper pool safety from a young age.  In large public pools, it is particularly important to make sure that the depth of the pool is clearly marked.  Diving into shallow water is another frequent cause of deadly swimming pool accidents.  When swimmers see a sign that states no diving, or see that the pool depth is only five feet, they are much less likely to jump head first into the water, ultimately leading to fewer accidents.

Any accident is a tragedy, but swimming pool accidents are particularly upsetting because so many of them are preventable.  A young boy who disappears from his backyard should not be found dead in pool.  Tragically over 70 Texans have died this year alone due to pool related accidents.  By making pool owners and swimmers more aware of the potential for accidents and knowledgeable about the easy ways that they often can be prevented, hopefully we can spare more families the heartache that these tragedies cause.  

If you or a loved one has experienced one of these incidents, please consider contact our Texas swimming pool lawyer at the J.Guerra Law Firm to learn about your legal options.

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Swimming Pool Drowning Accident Reminds Pool Owners of Necessary Precautions

Over the years our swimming pool accident lawyer has worked with dozens of families who have lost young children as a result of tragic swimming pool accidents.  The lives of these families are never the same a result of the tragedy.  Unfortunately, each of these incidents may have been prevented had those in charge of keeping the pool safe for swimmers been more aware of the risks of unsafe pool conditions.

Spreading information about swimming pool safety in the hopes of preventing future accidents is one of the main goals of each swimming pool accident lawsuit.  In addition, our Texas swimming pool attorney is proud to sponsor pool safety events in our area to share the safety message with area families and pool owners.  Recently Austin 360 News reported on a similar awareness raising project that was spurred by a tragic drowning.  The program is sponsored by the non-profit organization known as Colin’s Hope.  The group was created by the parents of a 4-year old boy who drowned in a Texas health club three years ago.  In an effort to raise money for water safety efforts, area swimmers recently participated in Colin’s Hope Got2Swim event.  The 8- mile swim involved the participation of many swimmers who had raised money as part of the effort.  All fundraising and awareness events such as this one are important steps that may ultimately save the lives of area children.

The event organizers explained how there are more Texas drowning accidents than in any other state in the country.  This summer has been no different, as many area children have been severely injured or killed after falling into the water unsupervised or struggling in murky water where rescuers could not find them.  As early as mid-June the Texas Department of Family and Protective Services had already identified at least 68 children that had drowned in our state. 

These water tragedies only take minutes to strike and can occur in all situations.  For example, many residents are shocked to learn that nearly twenty percent of all drownings occur in public pools while lifeguards are on duty.  Swimming pools remain incredibly dangerous places for young children, and those risks are present even when others are watching.

These accidents remain prevalent because so many pool owners and operators continue to underestimate the importance of basic safety measures.  Sadly it is only after an accident has already occurred that many of these individuals give fully understand the importance of these safety measures.  It is simply impossible to know for sure what safety devices or measure will be needed at any one time. 

For example, a hotel pool owner may believe that an emergency phone can wait a few weeks to be fixed, because the phone may not have been used in the past.  However, there is a chance that a young swimmer might fall into the water that very week and observers may need that phone to save time and call emergency help.  If the phone is not working when needed, the young child may not make it.  With so many swimmers using so many pools throughout the area this summer, these types of safety lapses occur much more than many might expect.

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Swimming pool accidents have a variety of causes.  In many cases, a young swimming begins struggling and then drowns before others notice that they were having difficulty.  Murky water is frequently a factor in these accidents, because it often prevents others from seeing swimmers under the water.  This is one of the main reasons why our Texas swimming pool attorney advises parents never to let their children swim in water if the drain at the bottom of the deepest part of the pool cannot be seen .

Besides drowning causes by murky water, defective or dangerous pool equipment can also lead to pool drownings.  For example, some swimming pool drain covers pose unacceptably high risks to young swimmers.  The drains are capable of trapping children and causing a variety of complications.  That is why in 2008 Congress passed the Virginia Graeme Baker Act which requires all public pool and spas to have proper drain covers.

Besides drain covers, various other pieces of swimming equipment can cause accidents.  Arp-like pool covers can trap swimmers under the water if not properly secured or removed.  Diving board, slides, and other features of the water are also capable of causing accidents if negligently designed or located. 

In addition, swimming pool ladders may cause trouble for swimmers.  In fact, earlier this week the Providence Journal reported on the death a ten-year old girl after getting caught in a swimming pool ladder. The young girl was pulled from an above ground pool last week after being submerged for an unspecified period of time.  The initial report suggests that the child was unable to get to the surface because her foot somehow became stuck in the part of the ladder that was submerged.

In these circumstances, it is easy for a child to panic and struggle to free themselves.  The quickness with which these accidents can occur makes it imperative that as many risks as possible are accounted for so that these accidents are less likely to occur.  Unfortunately, many pubic pool owners do not consider safety measures as important as they should.  By leaving defective and dangerous products near the water, these operators are risking the lives of those who use the facility.

If you or a loved one has ever suffered injury in a pool, be sure to contact a swimming pool attorney to learn how the law protects victims of these accidents.   

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Many Dallas-area residents are reeling this week after a string Texas swimming pool accidents have reinforced the importance of water safety.  KDAF TV reported yesterday on the events which have affected several area families and communities.  The story centered on a memorial that was being held for a six-year old boy, Jamarion Russell, who died after drowning in a local pool last Friday.  The boy’s family reported that they turned away from watching the child for only a minute—enough time for the young child to slip under the water.

Only a few days earlier a Dallas man and his two-year old grandson were killed after drowning in a pool.  Last week also saw the deaths of a Richardson man who was receiving swimming lessons at the time.  That same week a Colleyville woman drowned in her backyard swimming pool.  These accidents are only the most recent in a long string of swimming pool, river, and lake drownings that have occurred throughout the summer in all parts of the state.

These deaths are a large part of the reason that Texas topped the list with more child pool drownings than anywhere else in the country.    One local law enforcement officer explained: “The fact that it’s so hot, people are looking for a way to cool off, refresh themselves, but above all we still have to stay safe even when we are trying to have fun.”

The first line of defense is observance of time-tested pool safety measures.  The area law enforcement officer shared tips with all swimming pool owners and operators.  He noted that life rings, Shepherd’s hooks, and emergency phones should always been handy to provide rescue if necessary.

Our Texas drowning lawyer echoes that call for clear focus on water safety.  The consequences of poor supervision and poor pool safety maintenance are far too high.  We have worked with many families who have lost young children in preventable accidents.  In most cases, a child might have been saved if the pool water was not murky, necessary safety equipment was available nearby, and if proper fencing, locks, and alarms had been installed.  The sad truth is that virtually all of these tragedies could have been prevented. 

All local families should do everything in their power to prevent Texas pool drownings.  If an accident does occur, it is vital to contact proper legal representatives to share your story and learn how the law applies to these situations.  

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Today our Texas swimming pool attorney was profiled in a story by WOAI News about the dangers of murky pools.  Most people are aware of the basic safety requirements for swimming pools—like proper fencing and lifesaving devices—but one area that doesn’t receive as much attention is proper water clarity.  Far too often pools are opened that have cloudy water which makes it impossible to see the bottom of the pool.

Our swimming pool lawyer, Jesse Guerra was interviewed for the story, explaining how a pool with murky water makes it impossible for potential rescuers to see a drowning child at the bottom.  He discussed his very first drowning case which involved a dangerous, cloudy pool.  In that accident he explained how “the deepest part of the pool was five feet, and no one could find this girl for over an hour.  And it wasn’t until someone stepped on her, she was discovered.”   

Murky water can be particularly deadly when it is combined with poor or no lighting in and around the pool.  In these situations the drain at the bottom of the pool is often not visible.  City and state standards mandate that the deep end drain be visible to ensure proper rescue.  Mr. Guerra explained, “If you see that the drain is not visible, get your kids out of the pool.  That doesn’t mean if you can see the steps clearly visible that the pool is safe.”

Besides murky water, it is also important to ensure that the drains are up to code.  The Virginia Graeme Baker Act mandates proper drain covers for most public pools.  In addition, safety devices like a ring buoy, Shepherd’s hook, and emergency phone should all be present and in good condition.

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

Unfortunately, Texas swimming pool accidents top the list.

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

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

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

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Nothing better emphasizes the ease with which a swimming pool drowning may occur than a story published this month in The Mercury about the 4-year old boy who nearly drowned at the very time she was getting swimming lessons.

The accident occurred at the Spring Valley YMCA while 4-year old Christian Dankanich was in the public pool with other youngsters.  His mother had called ahead to ask which level of class would be most appropriate for their son.  She had reservations and wanted him in a class with a bit more restrictions. She was convinced by stuff members that he would be best served in a slightly more advanced class.  The public pool accident occurred during his very first week of those lessons.

The depth of the pool ranged from three feet to four-and-a-half feet (over the head of many children in the class). When the accident happened, Christian’s mother was behind a glass wall observing the swimming lesson along with other parents.  Near the end of the lesson, Christian’s mother saw commotion near the pool.  She eventually watched in horror as Christian was pulled from the pool and laid on the deck.  He was unconscious and was blue in the face. CPR was performed and the child was rushed to a local hospital.  Fortunately, he is expected to survive the near-drowning.

It was only later discovered how the accident occurred under the noses of swim instructors.  Apparently the children had been instructed to remove their safety “bubble” and hold onto the wall.  Christian lost his grip on the wall and slipped under the water.  The instructors were busy helping other students and it took them some time before they realized that Christian was underwater.

The family explains that they are concerned about the ratio of instructors to students which likely contributed to the accident.  Without the proper number of eyes on these very young kids, accidents like this can occur.  In addition, the family is questioning why the children were instructed to take off their flotation devices on only their third day of swimming. 

Apparently there have been other close calls at the pool with many parents expressing concerns about the oversight of children during these lessons.  There was a similar near-drowning accident at the very same YMCA only two years ago involving a 10-year old child.

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

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

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

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

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