Physical Education Teacher Fired After Student Drowning

Posted by Jesse Guerra on April 30, 2012

Last November the community in Wenatchee, Washington was rocked when a high school freshman drowned during what was supposed to be a normal high school swimming class.  Our swimming pool drowning lawyer discussed this case last year.   According to the Wenatchee World, the day he drowned, freshman Antonio Reyes was participating in a swim class overseen by physical education teacher Ed Knaggs.  Students in the next swim class found the freshman’s body at the bottom of the pool’s deep end.  According to an investigation he had been underwater for more than 40 minutes.  It was Reyes first time in the pool, and his parents claim that he did not know how to swim.  A swim assessment was held a week prior to the class, but Reyes did not participate.  Knaggs, a certified lifeguard, was supervising 26 students swimming in the class that day.

On April 20th Knaggs received a letter of termination from the school district after spending five months on paid administrative leave ever since the drowning.  The letter laid out 15 points showing probable cause for his firing including, failure to properly assess swimming ability prior to allowing students to swim, failure to provide close supervision, and failure to recognize the signs of swimmer distress.  He is appealing his termination.  Knaggs will remain the head coach of the Wenatchee AppleSox summer collegiate baseball team, who’s representative viewed the drowning as an isolated, unfortunate event.life ring 2.jpg 

Wenatchee School District Superintendent Brian Flores confirmed that Knaggs had been terminated, but was unable to comment on reasons why due to a pending lawsuit against the school district.  The lawsuit was filed by the Reyes’ family in December.  The suit is asking for $15 million dollar from the school district for criminal negligence and malfeasance by school officials.   Jesse Guerra, the swimming pool accident lawyer  at our firm has successfully handled many cases just like this one.

Our swimming pool drowning attorney was pleased to hear that the Wenatchee school district has announced that in light of this unfortunate drowning, changes will be made to how high school swimming classes are operated.  From now on a standardized test will be used to designate swimmers from non-swimmers prior to the beginning of any swim class.  This will help teachers to keep a better eye on those with less swim skills and make sure they stay in the appropriate area of the pool.  The school district is also adding an extra lifeguard to each swim class to help monitor the many swimmers.  An extra set of eyes on that many swimmers is always a positive change that can increase the level of safety in the pool.

Schools across the country hold swim classes, and many could benefit from changes like the ones the Wenatchee school district is making.  Contact the nationally renowned swimming pool accident lawyer Jesse E. Guerra Jr. if you or someone you know has been affected by a drowning accident.  Mr. Guerra can help you navigate the legal system and protect your rights after such an awful accident.  Mr. Guerra can also help you effect real change for the safety and benefit of all future pool users.

 

See Related Blog Posts: 

Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

Child Drowns in Community Pool Surrounded By Fifty Other Children

Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

Posted by Jesse Guerra on December 22, 2011

lifesaver.jpgIn the midst of the holidays and the cold that grips large parts of the country, it is often difficult to think about the prime swimming season.  It is unlikely that many residents of Chicago, New York, or other northern cities are thinking about swimming in outdoor pools that are closed or lakes that are frozen over.   However, our swimming pool accident lawyer knows that swimming takes place each and every day in various parts of the country in both indoor and outdoor pools.  That is why it remains important to share reminders about the importance of safe swimming and maintenance throughout the year.

For example, North Jersey News recently reported on a jury verdict that was handed down in a swimming pool case involving a13-year old boy who drowned in the summer of 2008.  The boy, Soo Hyeon Park, was visiting the city of Ridgewood from South Korea and the family was using the public Graydon Pool.  There were nine lifeguards in the stands around the pool on the day that the accident took place.  However, when the young child began to struggle staying afloat, not one of those guards noticed.  The boy was underwater for a considerable period of time before a family friend noticed him and attempted a rescue.  The friend told the mother of the problem who then alerted the lifeguards.  Tragically, even then, the pool manager only ordered the guards to search for the boy around the pool, instead of actually sending them inside the pool.  It wasn’t until 40 minutes later that the boy was actually pulled from the water.  The family eventually filed a swimming pool lawsuit alleging negligent supervision of the pool and inadequate lifeguard response.  Late last month the jury agreed with the family and awarded them the verdict.

As the family’s swimming pool drowning attorney noted, “there were actually lifeguards who were searching the parking lot.  They should have seen this child as he was drowning.  They should have gone in and saved him.  That’s what lifeguards do.”

This is a sad reminder that the mere presence of lifeguards are of little value to swimmers if those guards do not act appropriately to help those in danger.  In fact, inadequate lifeguards may actually be worse than no lifeguards at all.  This is because many onlookers provide less oversight than they normally would under the assumption that lifeguards are around to help in case something happens.  

As our national drowning lawyer at the J. Guerra Law Firm has explained to various audiences, it remains essential for all lifeguards to be properly trained and follow basic rules while on duty.  For one thing, they must be mentally fresh.  Studies have found that it is almost impossible to effectively scan a pool effectively for more than 30 minutes at a time.  Lifeguards needs 5 or 10 minute “reset” breaks between each of those sessions to ensure that they are actually capable of spotting a struggling swimmer while observing the pool.  Tired eyes on lifeguards render them ineffective. 

Similarly, it is important for guards to be rotated, because studies show that staying in the same place for too long decreases attention span.  Considering the need for proper rest, it is therefore important that there be enough staff members on duty at a pool so that no single guard is forced to work more than possible at maximum effectiveness.  Failure to account for these known risk factors may be an example of negligent pool supervision.   

 

See Our Related Blog Posts:

Lifeguards Must Be Properly Alert to Actually Spot Troubled Swimmers

Child Drowns in Community Pool Surrounded By Fifty Other Children

More Information Emerging About Massachusetts Drowning Death

Posted by Jesse Guerra on September 20, 2011

Much attention remains focused on the swimming pool drowning of Marie Joseph, a Massachusetts woman whose body was discovered in a public pool two days after her death.  As the release of the final report regarding her death comes closer, more information about the circumstances that lead to the tragic accident have recently been released.  It is important to understand the circumstances that led to this accident.  Our swimming pool accident attorney closely monitors all swimming pool accident related news and believes that there is much that can be learned from these tragedies.

As the Herald News recently wrote, the 36 year old woman died in June.  Her dead body remained undiscovered in the pool for two days.  Initial reports suggested that her body was not found sooner because cloudy water kept visibility limited to only four feet.  The area of the pool where she died was twelve feet deep.

Security cameras taped the events and the videos shed additional light on how the accident occurred.  As recorded on tape, Joseph slid down a slide into the deep end of the pool.  Her head and body came above the surface of the water and then slipped below.  At the same instant, the lifeguard watching the deep end of the pool was distracted by events in another area.  A little more than ten minutes later, lifeguards closed the deep end of the pool, because of the poor visibility of the water.  Joseph’s body was not found until two days later, when it rose to the surface.

Prosecutors are determining if there was negligence or even criminal activity involved.  Preliminary reports suggest that both the city and the Department of Conservation and Recreation were negligent.  When others are negligent resulting in harm to a swimmer, then a swimming pool accident lawsuit can be file by the victims or their families.  Generally, legal representative for the victim will work to show that there is a connection between the inaction and cause of death.  There must be a connection between the two events and attorneys must prove that the second event was caused at least in part by the misconduct or failure to act appropriately.

buoys.jpgIn this case, lawyers representing Joseph’s family will probably focus on the two days between the accident and the discovery of Joseph’s body.  They will need to demonstrate that if the water had been clearer, lifeguards would have discovered Joseph more quickly.  If Joseph had been rescued soon after falling beneath the surface of the water, authorities might have been able to save her by administering CPR.

Jesse Guerra, our swimming pool accident attorney has worked on dozens of cases proving the causal link between accidents and the negligence that preceded them.  Often accidents are just mistakes.  Systematic carelessness, however, is a sign of something more serious.  If you or a loved one is the victim of a swimming pool accident, contact our office.  We can help you determine if there is a viable legal action against the pool owner or operator.  A lawsuit cannot undo the accident, but it can help cover the cost of medical bills and other expenses. 

 

See Related Blog Posts

Bizarre Drowning Death of Massachusetts Woman Is a Reminder That Lifeguards Alone Aren’t Enough 

Woman’s Body Goes Unnoticed in Public Pool For Days After Swimming Accident

Bizarre Drowning Death of Massachusetts Woman Is A Reminder that Lifeguards Alone Aren't Enough

Posted by Jesse Guerra on September 01, 2011

 

Blog readers are likely aware of the bizarre and disturbing accidental drowning death of a Massachusetts woman earlier this year.  A recent article in the Taunton Daily Gazette discussed the tragic accident involving Marie Joseph and reminded readers of the pool safety lessons we should learn from it.

In June of this year a 36-year-old woman was found dead in pool.  Many He residents are surprised when adults are killed in swimming pool accidents, but these types of accidents strike with surprising frequency.  Adults drown in pools on an all too regular basis.  What makes this particular case unique, however, are the circumstances surrounding the discovery of her body.  Ms. Joseph was not noticed until two days after her death, when her body floated to the surface of the pool.  This pool was not a small, private pool in a backyard.  It was a pool run by the Department of Conservation and Recreation and attended to by lifeguards.  Despite all the lifeguards and other swimmers, the body went unobserved for two days in an area of the pool 12 feet deep.  The murkiness of the water limited visibility to four feet which caused the body was not detected. 

The pool in question has been closed since the body was discovered.  It was scheduled to be closed for the rest of the season.  Since the accident the local district attorney’s office has been investigating the woman’s death.  A final report is expected to be released in September.  Preliminarily, it appears that the death was an accident without intentional foul-play involved.

Intentionally or not, Jesse Guerra, our Texas swimming pool accident attorney believes that this death is a reminder that in order for lifeguards to be effective, they must pay attention and be able to see to the bottom of the pool.  Otherwise, they simply give swimmers a false sense of security.  If a lifeguard cannot see the bottom of the pool, the pool should close temporarily, until full visibility is restored.  The need to see the entire pool is why many public pools close during moderate rain storms.  When anything, including rain or cloudy water, prevents guards from seeing the bottom of the pool, they cannot do their job.

Similarly, lifeguards cannot do their job when they work long shifts without adequate breaks.  Lifeguarding requires full attention and fatigued lifeguards cannot properly scan the pool looking potential problems properly. public pool accident

If you or a loved one is injured in a swimming pool accident it is important to contact an attorney who specializes in pool accidents.  No one wants to be involved in a lawsuit after an accident, but speaking to a lawyer will help you preserve your rights.  The negligence of the pool owners may entitle you to recover money to help pay for the costly medical bills that result from such events.  A lawsuit has the added advantage of warning other pool owners to take adequate precautions, which hopefully will allow other swimmers avoid experiencing the same tragic events.

 

See Related Blog Posts:

Woman’s Body Goes Unnoticed in Public Pool for Days After Swimming Accident

Swimming Pool Drowning Strikes as Police Officers Fail to Notice Body

Community Rallies Around Family Following Drowning Death At Country Club

Posted by Jesse Guerra on July 12, 2011

TS-Lifeguard-01.jpgSwimming pool drowning deaths are devastating losses for the families involved.  Usually these accidents involve young children, and when these innocent lives are taken in tragic circumstances entire communities are often affected.


That appears to be the case in the drowning death of a 6-year old boy named Keegan Adkins.  Community members are rallying around the child’s who died after a swimming tragedy at the Woodhaven Country Club late last month.  It is unclear exactly what led to the child becoming submerged underwater.  However, the Courier Journal reported that Keegan was taken from the pool after those nearby noticed that he appeared to be submerged. 

Emergency workers pulled the boy from the pool and performed CPR before he was rushed to the hospital.  Doctors explained that his brain was likely deprived of oxygen for five minutes or longer, resulting in an anoxic brain injury.  This type of brain damage is common in drowning and near-drowning cases.  Keegan’s life support was removed the day after the drowning accident.

This case, like so many others, is a stark reminder of the challenge facing lifeguards who need to be extra diligent when watching crowded pools.  As we have frequently mentioned, the fact that a lifeguard is near the pool does not provide any security to swimmers.  To be effective the guard must be constantly active in scanning the water.  This is a demanding task which mandates that guards should be properly rotated so that their eyes are fresh and capable of concentrating on those swimming in the area under their observation.

Besides be active and alert, all guards must also be properly trained so that they know how to respond when a swimmer is in distress.  Far too often lifeguards are unsure how to provide the life-saving aid that a victim needs in a timely fashion. 

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Man Dies In Water Park Slide Drowning Accident

Posted by Jesse Guerra on July 11, 2011

Many consider water parks to be the epitome of a fun summer activity.  Throughout the country families travel to these amusement parks to enjoy lazy rivers, wave pools, water slides, and more.  However, as with all activities near the water, these attractions pose risks to those involved.  It is incumbent that guests recognize those risks.  Even more importantly, those who operate the water parks must do everything in their power to keep guests safe.  That includes ensuring that lifeguards act properly to save swimmers who are in trouble.

water slide

The consequence of a water park accident was recently highlighted by a tragic incident at the Lake Lanier Islands resort last week.  The Gainesville Times reported on the drowning of 21-year old Sergio Edwards who was on the park’s Fun Dunker water slide before being found unresponsive on the bottom of the slide’s base.

According to reports the man went down the waterslide but did not resurface.  Between one and four minutes later another visitor notified lifeguards of his disappearance.  Eventually he was found at the bottom of the slide.  CPR was administered, but nothing could be done.  

The slide in question was one of the more popular rides at the park.  It involved an enclosed tube that emptied into a funnel-shaped bowl with riders eventually being dropped into a pool of water below.  Investigators believe that the man may have hit his head on the ride—rendering him unconscious.  He then drowned when lifeguards failed to notice him unresponsive in the water.

This accident is a reminder that the mere presence of lifeguards is inadequate if those guards are not alert and focused on the task at hand.  It seems self-evident that lifeguards need to be paying attention at all times.    Most guards are given zones of the pool to scan, and it is vital that they diligently monitor that zone.  When lifeguards fail in this duty, the consequences can be deadly.

Many experts recommend that guards must maintain the “10/20 Rule.”  This Rule reflects studies which indicate that a lifeguard has 10 seconds to recognize that a guest is in danger and 20 seconds to reach the guest and render aid.  When all lifeguards understand the time-sensitive nature of their task then swimming danger is minimized.

Our swimming pool lawyer sends sincere condolences to the victim of this water park accident.  We urge all amusement park guests to remain alert to the dangers present and to ensure that staff members of these facilities are providing a safe environment for their guests.

See Our Related Blog Posts:

Lifeguards Must Be Properly Alert to Actually Spot Troubled Swimmers

Child Drowns in Community Pool Surrounded By Fifty Other Children

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Woman's Body Goes Unnoticed in Public Pool For Days After Swimming Accident

Posted by Jesse Guerra on June 30, 2011

A shocking story was reported throughout the country last night about a woman who suffered a swimming accident in a public pool and went unnoticed for three days.

Investigators revealed that the 36-year-old victim, Marie Joseph, was at the Veteran’s Memorial Swimming Pool in Fall River, Massachusetts while watching a 9-year old boy.  The woman was using the waterslide at the facility when she unexpectedly landed on top of the child.  The boy indicates the Ms. Joseph then went under the water and did not surface.  The child claims that he told a lifeguard about this, but they ignored him.    

Amazingly, it was not until three day later that the woman’s body was found.  A few local residents had jumped the pool’s fence at 10 p.m. to swim at night while the pool was closed.  Those individuals noticed the body floating in the pool and called the police. 

The swimming pool had been open and was used by many visitors during the three days that the woman’s body is believed to be underwater.  That means that neither lifeguards nor swimmers were able to spot the deceased victim at the body of the pool.

State officials were shocked to learn of the situation.  In response, the entire lifeguarding staff was placed on temporary leave until further investigation could be conducted into the situation.  In addition, each of the state’s 30 deepwater public pools were closed while safety procedures were reviewed.

The incident has startled many readers who cannot understand how such an accident could have occurred unnoticed.  However, when unsafe conditions at one of these pools exist and when lifeguards and operators are not thorough in their duties, then a wide variety of shocking swimming pool accidents often strike.  For example, lifeguards may not have noticed the distressed swimmer if the pool was too crowded or the water too murky.  If the water slide was not placed in a proper location that allowed guards to properly observe the goings-on, then dangerous falls and collisions could happen without observers being aware.

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Lifeguards Must Be Properly Alert to Actually Spot Troubled Swimmers

Posted by Jesse Guerra on June 08, 2011

file000604904711.jpgAll too often observers believe that being a good lifeguard only requires being certified in some form and being a good swimmer.  However, it is often forgotten that if a lifeguard is not capable of noticing a swimmer who is drowning or distressed than the guard’s swimming ability is irrelevant.  Unfortunately swimming pool accidents strike all the time across the area even when lifeguards are on duty.

A helpful article was posted last week by Mario Vittone on how lifeguards at public pools are often less effective than believed.  It is explained how far too many managers, operators, and owners of public swimming pools have no lifeguard training themselves and are therefore unfamiliar with what proper pool safety and observation requires.

Most importantly, various actions should be taken by lifeguards so that they are actually mentally fresh and capable of spotting those in danger and in need of rescue.  Far too many lifeguards miss drowning swimmers because, as many visual experts suggest, the mind can only scan and concentrate accurately for certain periods of time before needing a break.  In fact, studies indicate that it is literally impossible for a lifeguard to scan a pool effectively for more than 30 minutes at a time before needing a 5 to 10 minute “reset.”

This is how a lifeguard who has not been relieved for an hour or two is capable of staring directly at a distressed swimmer without attempting a rescue.  Many a swimming pool drowning has occurred in just this manner. 

Many experts suggest that it is impossible for a single lifeguard to be effective at a pool for a considerable length of time. Those advocates state that it is imperative that there are at least two employees watching the pool—either two guards or one guard and one other staff member to keep people out of the pool while the guard takes a break.  Also, guards should be sure to move around, because staying in the same place decreases attention span.

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