Broken Fence Contributes to Near-Drowning Accident
Our 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.
Our swimming pool attorney at the J. Guerra Law Firm continues to work with the victims and their families of these accidents. We are proud to be considered the go-to firm in the country when it comes to drownings and near-drownings. It is imperative that owners and operator of public pools ensure that their fences and gates are in proper working order to prevent similar accidents.
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