Near Drowning in Dallas

Posted by Jesse Guerra on January 20, 2013

indoor hotel poolConsidering 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.  

 

Texas Leads the Nation in Child Drownings

Posted by Jesse Guerra on October 12, 2012

Swimming pools, lakes, ponds, water parks, hot tubs, apartment pools, hotel pools, and other spots pose clear and serious dangers.  Obviously, when used safely, these water locations can be enjoyed without incident.  But, it remains critical to remind all community members--even when the main summer swimming season is over--that proper safety steps should be considered at all times. boy in pool

Not all community members face the same risks.  Most adults, for example, are aware of the dangers posed by the water and, in most cases, act to ensure that the pool, pond, lake, or hot tub is enjoyed safely.  But we should never forget that there are some who do not recognize those risks--most notably, young children.  Unfortunately, our state needs to pay particularly close attention to child drowning risks. That is because we still have a long way to go before all local children are safe.  Every child drowning death is preventable.

According to a report earlier this month summarized by KWTX, Texas leads the nation in child drowning deaths.  This was confirmed by data compiled by the U.S. Consumer Product Safety Commission.  According to the report, in the main summer season--from Memorial Day to Labor Day--there were 137 child drowning deaths nationwide.  

For purposes of this report, children are considered all those under the age of 15 years old.  However, the statistics show clearly that the youngest are by far the most at risk of being hurt or killed in one of these accidents.  Of those 137 deaths, at least 100 involved children under 5 years old.

Sadly, Texas leads the country in the total number of these deaths, with 17 children under 15 years old drowning in our state this summer.  This means that over 12% of all child drowning deaths take place in our state.

Of course, for the message to truly hit home we need to consider the issue beyond the numbers.  Every single death represents a young life tragically snuffed out.  There is no way to fully appreciate the long-term mental, physical, and emotional consequences that each of these incidents has on all those affected.  

The swimming pool drowning attorney at our office is proud to be a leading advocate nationwide on water safety awareness.  Education is one critical piece of solving the puzzle.  Children and families must be reminded continuously of the need for close observation and proper awareness to avoid potentially fatal accidents.  

In addition, those who play a role in the safety of the water must also be held accountable.  Things like murky water, inadequate safety equipment, broken fences, and other problems are the responsibility of the owners and operators of these spaces.  When they fail to act reasonably, they need to be called out on it.  This is the only way to ensure changes are made which may save lives.

See Our Related Blog Posts:

Child Drowns in Community Pool Surrounded By Fifty Other Children
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Sacramento, California Sees Peak in Swimming Pool Accidents

Posted by Jesse Guerra on July 01, 2012

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.

pools closedAlthough 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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"Step Into Swim" Campaign Launched

 

Swimming Pool Accident Kills Party-Goer

Posted by Jesse Guerra on September 14, 2011

Last week we discussed the fatal swimming pool drowning accident of a friend of Houston Texans defensive end Antonio Smith. Smith hosted a party at his house.  Overnight, while most guests slept, the man in question drowned.  The next morning his body was found in the pool.  Sadly, this was not the only Texas swimming pool drowning accident that truck during a party in the past week. 

Unfortunately, these swimming pool accidents frequently strike at parties, sometimes involving children and other times involving the adults who most assume would be safe around the water.  As recently reported in the Daily News and Analysis, on Sunday a 22-year old man fell in a pool at a club party and died.  This was not a personal gathering but a sponsored event by professional party planners.  Unlike the incident at Smith’s party, where no one saw the accident, at this event, several attendees witnessed the tragedy. 

One 19-year-old who was present at the party told reporters that he first knew something was wrong when the music stopped at the party.  Everyone grew silent.  Then, he saw a body on the floor.  It is unclear whether the victim was immediately rushed to the hospital or whether or not local partygoers attempted some resuscitation efforts.  An official investigation is still ongoing, so it may be some time before it is clear exactly what happened in the aftermath of the rescue.  So far it has been confirmed by the club owner that only one lifeguard was only duty.  However, the owner claimed that other staff members, including waiters and security guards, were strong swimming and able to assist if necessary.

late night party.jpgIn all of these cases it is vital to understand the pools size, shape, and location to better understand what safety protocols should have been followed.  This particular pool was twelve feet deep at the deepest point.  The club owner noted that pools at his other clubs are much shallower, only 5 ½ feet deep, as required by a new local law.  He noted that most parties are poolside and do not include the use of the pool.  But, he went on to explain, it is often difficult to keep intoxicated party goers from jumping into the water.

This horrible event provides further evidence of the dangers of combining alcohol and water.  A sober adult would likely take precautions before jumping into a pool. It is important for all those who have control over a party environment to reasonably account for these situations and take steps to keep guests safe.   

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California Pool Safety Requirements Designed to Protect Swimmers

Posted by Jesse Guerra on September 13, 2011

courthouseOur 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.

 

See Related Blog Posts:

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Boy with Rare Form of Epilepsy Dies in Neighbor's Swimming Pool

Posted by Jesse Guerra on September 09, 2011

Our swimming pool drowning attorney has learned over the years that preventing swimming pool accidents requires understanding the risks posed by each type of pool as well as the unique vulnerabilities faced by certain victims.  For example, special consideration must be given to pools that have slides or waterfalls, because those devices often present swimming dangers by making it difficult to see swimmers who may be in danger underneath those objects.  Pools that are special shapes may come with visibility problems that must also be guarded against.  No matter what the case, however, it is incumbent upon pool owners and operators to account for any aspects of the recreational area which may place others in dangersboy in pool.

Besides understanding the unique dangers caused by the pool’s physical characteristics, owners and operators must also be cognizant of the specific individuals who may use the pool or be drawn to it.  In particular, those with pools must be aware of the chance that children will access the water.  It is well understood that our youngest community members usually do not have as much experience protecting themselves in the water and are often unaware of the dangers that the water may pose to them. 

The high likelihood that children will be drawn to the water make it incumbent upon operators to take common sense steps to protect those children.  However, that requirement is even more obvious when the owner specifically knows that other children are nearby.  On some occasions, nearby youngsters may also have unique vulnerabilities which may make it even more likely that they may be hurt by the water.  For example, Middletown Press reported this week on a tragic drowning accident involving a four-year-old boy who suffered from a rare form of epilepsy known as Dravet Syndrome.

Police are still investigating the situation, but it seems that the young child was found in his neighbor’s pool late Saturday morning.  The neighbor’s attempted to resuscitate the child, but nothing could be done.  The boy’s condition made him particularly at risk of being harmed in the water.  He was on medication and experienced up to 200 minor seizures each day and one major seizure each week.  It remains unclear how the boy ended up in the pool, whether there was a properly secured fence in the area, or if any other pool conditions were amiss which may have contributed to the accident.

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Swimming Pool Drowning Accident Reminds Pool Owners Of Necessary Precautions

Posted by Jesse Guerra on August 23, 2011

broken fence.jpgThough common sense should be enough to guide pool owners to take appropriate precautionary measures to prevent tragic accidents, our swimming pool attorney knows that everyone can use a reminder of the importance of preventing young children without proper supervision from gaining access to swimming pools.  Many children love water and when there is no adult supervision, the results can be deadly.  Guarding pools with fencing and other appropriate devises is a critical element of pool safety.

As the Beaumont Enterprise recently reported, a six year old boy in Port Arthur was recently found in a neighbor’s pool.  The horrible events started when the police were informed on Tuesday evening that a child was missing.  A search ensued and the six year old boy was found floating in a neighbor’s pool several blocks away.  Rescue workers administered CPR on the scene but the boy was pronounced dead at the hospital. 

A spokeswoman for Family and Protective Services noted that this swimming pool accident was the fourth in Jefferson County and the 69th in Texas.  The events are especially tragic because the child in question had Down Syndrome and did not speak.  It is not clear how he gained access to the pool in question.  Adults were present in his home at the time he disappeared and a fence surrounded the pool.  Local officials are currently investigating the accident.

As our Dallas swimming pool attorney at the J. Guerra Law Firm knows, basic protective measures, like fences around pools, are only useful when maintained.  Fences must be kept in good repair and gates must be firmly latched at all times.  It is not enough just to have a fence; the fence must be sturdy enough to keep unwanted visitors out.  As many parents know, even young children can climb.  Having a fence that is easy to climb enclosing a pool may be as useless as not having a fence at all.  That is why it is not enough to install a fence, it must be routinely inspected.  Keeping the area around the fence clear is important too.  If a box or garbage can is propped up against the fence, even small children can scale it and gain access to the pool.

When swimming pool catastrophes strike, consulting an attorney specializing in swimming pool accidents is invaluable.  Often accidents are the result of negligence or worse.  Holding careless and criminal swimming pool owners legally accountable is one way to make pools safer.  If pool owners know that they might be sued if a child wanders into their yard and drowns in their pool, they are much more likely to ensure that the fence is tough enough to do its job.

Sixty nine drownings in Texas this year is sixty nine too many.  Children are particularly vulnerable because they do not always have the common sense to protect themselves.  Kids see a pool and think fun.  They do not always know their own limits and can get into trouble quickly.  That is why it is so important that pool owners use common sense for them.  

 

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Middle School Student Dies After Foot Gets Caught in Swim Ladder

Posted by Jesse Guerra on July 29, 2011

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 Ladder.jpg.

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.   

 

See Our Related Blog Posts:

Pool Accident Attorney Shares Information on Dangers of Murky Pools

Texas Drowning Accidents Lead the Nation According to 2011 Report

Two Year Old Drowns in Texas Community Pool Over Holiday Weekend

Posted by Jesse Guerra on July 04, 2011

murky pool.jpgThe 4th of July holiday weekend was marred by a series of tragic drownings as many celebrators flocked to area water to enjoy the long weekend.  One of those victims was a two-year old toddler who was killed in a tragic Texas community pool accident.  The Colony Leader reported on the drowning that occurred in Denton at the shared pool on Lake View Boulevard. 

Police indicate that the two-year old boy, Solomon Trust, was attending a party at a friend’s house on Saturday evening in celebration of Independence Day.  Just as the partygoers were winding down for the evening they noticed that the little Solomon was missing.  They began a search and soon found him in the pool. 

The child was pulled from the water and one of those in the area began performing CPR.  Witnesses report that the boy spit up water, began breathing on his own, and seemed to have a pulse after the resuscitation.   Rescue workers eventually arrived and brought the child to a nearby hospital.  Just as the boy was about to be airlifted to another facility he stopped breathing again.  Medical professionals tried to perform CPR, but there was nothing to be done.  He died a short time later in the hospital emergency room. 

Few stories are as heartbreaking as these swimming pool accidents that take the life of young children.  As we continue to report, drowning accidents are one of the leading causes of accidental death for young children throughout the country.  The prevalence of these tragedies should place all those who own or operate a pool on notice that proper safety precautions must be in place at all times.  Things like proper fencing, workable locks on pool gates, clear water, drain covers, and similar steps are quite simple to maintain but absolutely essential to ensuring pool safety.  Even a single lapse can have deadly consequences.  It is impossible to know when one of these safety measures will be needed to save a life—so they must be in place at every moment.

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Broken Fence Contributes to Near-Drowning Accident

Posted by Jesse Guerra on June 16, 2011

pool fence.jpgOur swimming pool accident lawyer continues to hear tragic stories of apartment pool drowning incidents that are caused in part by operators who fail to keep up with reasonable water safety practices.  For example, last night brought news of a near-drowning at a Memphis pool located in an apartment complex.  WMCT News reported on the story which is causing many local residents to question the conduct of those charged with ensuring the safety of the pool.

According to reports, 8-year old Xavier Baptiste attempted to beat the heat by walking through a broken fence surrounding the pool at the Wingood Manor apartment complex.  It is unclear what specifically led to the boy’s struggles in the water.  However, neighbors eventually saw the child immobile in the pool.  Emergency crews were called and paramedics attempted to revive the child at the scene.  He was rushed to a local hospital where his future is uncertain—he remains listed in “very critical condition.”

Following the tragedy neighbors voiced open anger at the apartment management company for their failure to keep the pool safe.  They report that the pool had been closed for some time, but the fence guarding the water had long been broken and nothing was done to fix it.  The neighbors noted that the broken fence was well-known among the local children who repeatedly jumped over it and used the closed pool.

In fact, those interviewed after the tragedy explained how they had specifically warned those in charge of the pool of its potential hazard.  Yet, the safety calls of the resident went unheeded, and this tragedy resulted.  The pool management company has yet to issue any response since the near-drowning, noting only that the pool was closed for maintenance.

It should be clear to all observers that proper fencing is an obvious requirement to ensure the safety of open water sources.  Children are often drawn to the pool out of curiosity, and frequently enter the water while alone.    It is particularly egregious for an apartment pool operator to allow this dangerous condition to go unfixed even after being warned of the danger.  It likely represents a violation of reasonable care.

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Swimming Pool Safety More Important Than Ever As Summer Approaches

Posted by Jesse Guerra on May 30, 2011

apartment_pool.jpgMany local residents mark Memorial Day as the official start of the summer season.  With the warming weather and end of the school year, water activities begin in full swing across our area--many families spend time in pools at their homes, apartment complex, hotels, and water parks.  As a result, now is an important time to be reminded of basic pool safety tips to ensure that you or a loved one avoids falling victim to a Texas swimming pool accident.

Last week the Galveston County Daily News published a helpful article on the topic of pool safety.  Emphasizing the importance of the issue, it was explained how the American Academy of Pediatrics found that drowning was the second leading cause of accidental death among children under 18 years old. 

Of course supervision remains a vital component of all safety plans no matter where the pool is located, from a backyard to a major water park.  The younger the age of a swimming child, the more likely the child can fall victim to Texas pool accidents.  An infant is capable of drowning in only a few inches of water if left unattended.

However, besides basic oversight concerns, there also remain vital steps that should be taken by those who own and operate the pool to help in the safety effort.  For example, apartment complex owners must ensure that their pools are properly fenced and latched to prevent wandering children from entering the area unexpectedly. 

Pool covers must be complexly removed and secured at appropriate times to prevent young children from get trapped under it.  Emergency phones and warnings should be within close proximity to the pool so that medical help can be reached as soon as possible if an accident occurs.  Along the same lines, proper rescue equipment should be in the pool area so that those nearby can help a drowning child.

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