Swimming Pool Safety News

According to The Boston Globe, the Department of Conservation and Recreation’s ten month review of policies and procedures, spurred by the drowning of 36-year-old Marie Joseph in a state-run pool in Fall River, Massachusetts, will likely lead to big changes in the agency.   Our swimming pool accident attorney closely monitors all news of swimming pool accidents across the country, and is pleased to see movement towards some much needed changes following this tragic accident. 

Last June Jospeh landed on a child after coming down the slide at the Vietnam Veterans Memorial pool.  After the collision she resurfaced, but then slipped below the surface unnoticed by lifeguards and the large crowd at the pool that day.  Shortly after Joseph went under in the 12 foot deep section of the pool and did not resurface. Her body went unnoticed at the bottom of the pool for two days until it finally rose to the surface.

Swimming pool accident attorney, Jesse Guerra believes that lifeguards can provide a false sense of security to swimmers when they fail to act reasonably.  Without the proper pool management, lifeguards are ill-equipped to perform their important function.  For example, if the lifeguard cannot see the bottom of the pool he cannot know whether someone in that area needs help.  In instances like this the pool should be closed until visibility is restored so that lifeguards are able to do their jobs.  Further, lifeguards must be able to give their full attention to swimmers while they are on duty.  In order for this to be possible long shifts and lack of breaks must be avoided.

As part of the investigation into this case revealed, the agency believes that it was a mistake to open the pool on that day despite poor water clarity.  The decision to open that day has been blamed on inadequate pool management, which has been found to be part of an agency-wide cultural problem of placing too little importance on pool oversight.  The report also cited a failure to examine actual staff practices, and encouraging hiring only seasonal rather than permanent staff as another part of this overall problem. 

Despite the fact that the slide was determined to not play a role in Joseph’s death, the agency has closed all slides at public pools through the summer.  Before making a decision on their future use the agency is awaiting a federal review on their safety.  The agency is also recommending the creation of a full-time aquatics division, the hiring of more lifeguards, and a new compliance system.  Further, a five year old pool modernization program will be sped up.

Two former state recreation managers have been charged with reckless endangerment of a child for allowing children to swim in the murky water.  Our swimming pool accident lawyer believes that had the pool been closed that day this unfortunate accident could have been avoided. 

If you or someone you know is faced with the devastation of a drowning contact nationally-renown pool drowning attorney Jesse E. Guerra Jr., who can help you determine if there is a possibility of legal action against the pool owner or operator in your case.  The J. Guerra Law Firm can assist you through the aftermath of such a terrible accident, and help ensure that future tragedies are prevented.

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More Information Emerging About Massachusetts Drowning Death

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

This week our swimming pool drowning lawyer was surpised to learn about the latest developments in a high profile drowning incidnet.  In June, a Massachusetts woman drowned in a public swimming pool.  The water was so murky that her dead body went unnoticed for two days.  Only when it floated to the surface did lifeguards discover the accident.  Officials closed the pool after they discovered her body, and law enforcement officials have been investigating the incident since then.  Recently, prosecutors announced that they will be filing criminal charges in connection to the events.

As reported by the Associated Press, prosecutors will not be filing charges for the death of Marie Joseph, the woman who died.  But they will be filing charges for reckless endangerment since children were allowed to swim in water that was so cloudy the visibility for lifeguard was only four feet.   The charges are not expected to be pressed against anyone who worked at the pool that day, but against management level officials.  The regional director of the Department of Conservation and Recreation and the South Coast district manager will most likely be the individuals facing criminal liability.

The Massachusetts case is important for those who follow swimming pool accident news for many reasons.  The events leading to the death of Ms. Joseph were unusual and tragic and the circumstances surrounding the discovery of her body were unsettling.  But the fact that criminal charges will be filed makes this case unusual.  Many swimming pool accidents result in lawsuits when the pool owners or operators are negligent.  Criminal charges, however, signify a much more serious problem.

A negligence suit is a typical example of a civil suit.  In a civil suit, the suit is initiated by a private party, either a person or a corporation.  For the most part, the result of a successful civil suit is damages in the form of money.  Often this means compensation for the damage done and sometime it includes punitive damages—extra money as a form of punishment.  Criminal suits are always commenced by the government, either state or federal.  The results of a successful criminal suit can be varied, sometimes a fine, sometimes jail time and occasionally both.

Since the government must be involved in a criminal case, not all apparently criminal activity is prosecuted.  The government often saves its resources for the most egregious offenses and smaller incidents are left to the civil system.  The fact that prosecutors are willing to file criminal charges in connection with Joseph’s death, though they are not against officials for her death, illustrates the significance of the extent of the problems at the public pool in Massachusetts.

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Pool supervision is an important way to save lives by preventing swimming pool accidents.  It is generally understood that keeping a close eye on all those around the water—especially young children—is vital to ensuring that accidents are avoided and quick rescues can be accomplished if necessary.  Of course, lifeguards often provide trained sets of eyes on the water that can identify struggling swimmers and help them when trouble strikes.

However, as our Texas swimming accident attorney understands, the mere fact that others are around the water does not alone constitute effective supervision.  Observers must be actively scanning the water at all times to properly keep swimmers safe.  Even lifeguards are not effective if they do not abide by proper techniques like frequent rotations and proper scanning.  On top of all of that, if the water conditions are not properly maintained, even scanning and supervision can be ineffective.  Murky water and overcrowded areas can obscures swimmers at the bottom of the pool.  Deadly accidents can strike in those situations even when there is proper supervision. 

Yesterday, the Washington Post reported on a tragic swimming pool drowning of a young man at a large party that touches on each of these pool safety issues.  The negligence of off-duty police officers working as security guards at the party have resulted in policy changes at one county police department.  According to reports a 22-year old college senior, Kevin Akinfeleye, attended a party with friends at a facility known as the Broadwater Mansion.  Police are still investigating to determine who hosted the party.  However, promoters of the event sold tickets to the event which ultimately included hundreds of drinking partygoers with festivities lasting late into the night.  Several off-duty police officers had been hired by the event promoters to act as security for the gathering.        

Witnesses explain that there were around 30 other guests in the pool on the grounds when the victim jumped into the water around 1 a.m.  Akinfeleye’s friends report that they eventually lost track of him in the water, though they noticed that he had started to have trouble swimming.  Concerned for his safety, the friends talked to security guards about his disappearance and then called 911 to report the possible drowning.  Firefighters responded to the call and talked with the off-duty police officers working security.  The officers told the firefighters that they had checked the pool and did not notice anything amiss.  Neither the off-duty officers nor the firefighters ordered the pool be cleared to check for problems, even though observers noted that the water was very murky.  The water clarity and crowded pool levels made it impossible for observers to see the bottom of the nine-foot deep end.

It wasn’t until two hours later as the party was winding down that of the guards noticed the young man at the bottom of the pool.  Firefighters were again called, but there was little to be done.  Akinfeleye was pronounced dead at a nearby hospital a short time later.

Our pool accident lawyer remains saddened that even with five police officers on the ground and dozens of other swimmers in the area, this tragic drowning occurred.  It is vital that investigators closely examine the events surrounding this accident to understand how the guards and firefighters failed to find a drowning victim after a call reporting such an accident was placed.  It is also vital that those who hosted this party be identified and questioned regarding what safety precautions were put in place to ensure that guests were not put in danger upon entering the grounds and using its facilities.

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String of Texas Apartment Pool Accidents Remind Residents of Water Safety Needs

Teen Dies After Falling Into Apartment Swimming Pool

Last week we discussed the shocking drowning accident involving 36-year-old victim, Marie Joseph.  The woman died after failing to resurface after used a water slide at the Veteran’s Memorial Swimming Pool.  Her body went unnoticed for two days—even as the pool remained opened and used by dozens of swimmers.

The state’s Department of Conservation and Recreation has been tasked with getting to the bottom of the disturbing incident. According to the Boston Globe investigators have already uncovered information about the condition of the pool which may have contributed to the swimming pool accident.  For one thing, the pool had an expired city permit the authorities have indicated that the pool was murky when it was opened on the day that the victim died. After the accident (and while the body was still at the bottom of the pool) a city worker actually inspected the pool, noted that the water appeared “cloudy,” and allowed the pool to remain open anyway.

The investigators admit that the pool should not have been opened when its water was murky.  It is unclear what breach of protocol caused the water issue to go unnoticed.  Considering that the body was not found for several days, the murky water was likely a persistent problem.  One county pool operator explained, “If we can’t see the drain cover at the bottom, we will not open the pool. If we can’t see it during the course of the day, we will close the pool. . . .Water clarity is extremely important so lifeguards can see what’s going on. Water clarity is No. 1.”

It is hard to overestimate the importance of proper water clarity.  As this case vividly demonstrates, it is often extremely difficult for observers to see all parts of the pool when the water is murky.  Lack of visibility is one common way that a distressed swimmer goes unnoticed.  In addition, it remains imperative for lifeguards to take the concerns of swimmers seriously.  It is unclear why the guards at the pool where the accident occurred failed to follow-up on the pleadings of the nine-year old boy who was with the victim and told them of her struggle. 

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The pool pictured here is an example of a well lit pool and clear pool where both drains in the pool are clearly visible in the deepest part of the pool.  According to Texas Department of Health and Safety Standards for Pools and Spas Section 265.203(b) the pool or spa shall be opened for use only if the bottom and /or main drains are clearly visible.

Pool operators and owners should always close down the pool if water conditions do not meet the standards because murky water pools create dangerous pool conditions.  Code compliant water clarity is essential to allow swimmers to clearly see shallow water areas, other swimmers, drop offs, drains, and swimmers in need of rescue inside the pool.  Operators who operate pools that do not meet proper water clarity standards can be closed down by the local government authorities and held legally responsible for drownings that occur in the pool as a result of unsafe water clarity conditions.