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.

At the J. Guerra Law Firm, we are experts in civil cases arising out of swimming pool accidents. Our Texas swimming pool accident attorney has years of experience litigating swimming pool accident lawsuits and can help victims recover as much money as the civil system in Texas allows based on the specifics of the incident.  If you know someone who was injured in a swimming pool accident, contact us.  We can investigate the event and determine if filing a lawsuit is the best option for you.

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More Information Emerging About Massachusetts Drowning Death

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