Drowning Accident Lawyer
Attorney Discusses Drowning Accidents
During our long hot summers, we Texans like to cool off in backyard swimming pools. There is, however, a negative side to this seemingly benign activity. If there is even a moment of lack of supervision or if a pool is not adequately maintained a serious injury or even a death may occur in the pool, particularly to our children.
In such an instance, the family of the injured or killed child may be able to seek financial compensation from the negligent party by filing a personal injury or wrongful death lawsuit. The attorneys here at our Law Office have written this brief article to help you understand the legal implications and to help you understand your legal rights.
Child Drowning Statistics in the United States
The United States Center for Disease Control recently compiled this list of statistics to address the severity and common occurrence of child drowning accidents in our country:
Children under the age of 14 account for more than one-fifth of all fatal drowning.
For every child that perishes in a swimming pool accident, there are another four children who require emergency medical care in the ER in order to treat their injuries.
In one year alone, over one-third of all children who died from accidents perished by drowning.
Drowning is currently the second leading cause of death by unintentional injury to children aged from 1 to 4 years of age.
Most all of the drowning that involves children aged 1 to 4 years of age occurs in residential swimming pools.
Most all child drowning occurred when the child was being cared for by one or both parents, was out of sight for less than five minutes, and was last seen in the family house.
These numbers are truly staggering, especially in regard to the accident rate among children. Consequently, this is one major reason why parents or those adults entrusted with the welfare of our children need to be so vigilant. Negligent supervision is the leading cause of swimming pool fatalities, whether that pool is a residential, apartment complex, or public facility swimming pool.
=====================gtg
Negligent Supervision in Swimming Pool Accidents
It takes less than five minutes of inattention for a child to suffer an injury or fatality in a swimming pool. Even if a child escapes drowning, there is still an excellent chance that he or she will be seriously injured in this type of mishap. If oxygen does not reach the child’s brain, then a life-long medical condition may result, seriously impacting that child’s quality of life. To further compound the gravity of this problem, the accompanying medical bills may be astronomical. If a child does perish in the accident, of course, the emotional and mental turmoil suffered by the family can be painful and long-lasting as well. In either case, an aggrieved family may pursue both justice as well as financial compensation by filing either a personal injury or wrongful death lawsuit. Our Law Office knows that this is a tremendously difficult period of time for you. We can help you to see that justice is done and can also help you to ensure that this accident will not subject you to further financial stress.
These cases of negligent supervision most often occur when the parent, guardian, or another adult in responsibility (pool operator or lifeguard) fails to perform their duties to ensure the safety of any children entrusted to their care. If such negligence occurs, the child may well wander into an area restricted from a child’s use or may simply go under the water in the pool. Pool accidents unfortunately may occur in a wide variety of ways. Should this happen to a child of yours, immediately contact our Law Office so that we may be of assistance.
Poor Pool Maintenance and Swimming Pool Accidents
Improper maintenance of the swimming pool and the equipment needed to run the pool is another common cause of Texas pool accidents. Bad pool gates, broken pool fences, broken diving boards, or defective pool drains can contribute to an accident that could result in injury or death. A manufacturer of a part involved in such as accident may possibly be liable. Additionally, if a part were not properly maintained then the individual or company responsible for maintaining that part may be held liable. Properly assessing liability in these cases may be difficult as the parties responsible may not be actually involved at the accident site itself. The attorneys at our Law Firm have had extensive experience in cases involving swimming pool accidents and know how to accurately assess liability and then hold all responsible parties accountable.
============================gtg
Safety Tips for your Pool
The National Drowning Prevention Alliance has compiled a list of tips that should prove useful to ensure that your pool does not present any dangers to your children or to other children who may be visiting. On a different level, these tips might prove useful should a child of yours have an accident in someone else’s swimming pool. If that pool owner has not incorporated these pool safety tips then you will have merit in pursuing legal action against the negligent party responsible.
Never leave any child unattended while in or near a swimming pool.
No matter how well a child might be able to swim, no child should ever be considered “drown-proof.”
A responsible adult should be named a “water watcher” whenever children are in a swimming pool.
A fence five feet high should be erected between the pool and the house.
The pool gate should never be propped open, no matter how convenient.
Alarms should be installed on all doors and windows in a house facing the pool. These alarms should sound loud when opened.
The most efficient and convenient swimming pool covers are the powered pool safety covers. Floating pool covers are not safety devices.
Always keep a phone near the pool. In the case of an emergency, it will be quick and easy to call for assistance. Plus, this means that you will never have to leave the pool area to answer a phone call.
The pool owner should know CPR.
A life-saving ring, a shepherd’s hook, and CPR instructions should be kept by the pool.
Never leave water in buckets or in wading pools.
The pool should always be the first place checked if a child is ever missing. Time is critically important in swimming pool deaths and injuries.
Always remove toys from the pool and from the swimming pool area.
Do not use chlorine dispensers that resemble toys.
Babysitters should always be warned about being particularly vigilant when caring for children near the pool.
====================gtg
Contact Our Drowning Accident Lawyers
The attorneys at our Law Office can help you if your child was injured in a swimming pool accident. We can assist you by filing a personal injury lawsuit that will help ease the financial stress that you may be under. As you probably know, pool injuries may create long-lasting medical conditions that can be extremely expensive.
If your child has been killed in a swimming pool accident our attorneys can assist you in holding accountable the negligent parties responsible for this horrible accident. We will work with you to make sure that the guilty are punished and will work to ensure that a similar incident does not happen to another child in the future. While we know that no amount of money will ever replace a lost child, we will work for you to recover such damages as medical expenses, funeral costs, and compensation for pain and suffering.
It should be noted here that it is very important for the parents or guardians of children involved in a swimming pool accident to contact an attorney as soon as possible after the incident. In many cases where perhaps a faulty part has involved the part in question may be repaired or may disappear if much time is allowed to pass after the accident. In other cases where there may be an issue of negligence involved, if time is allowed to pass then people sometimes may change their stories in an attempt to escape liability. In any of these cases, our attorneys will need to launch a thorough and complete investigation into the causes of the accident. Evidence, as well as witness testimonies, are all necessary ingredients to winning a case and all are better collected as soon as possible after the incident. Finally, it should be noted that the statute of limitations in these types of cases is two years. It is always a wise idea to begin proceedings as soon as possible after the accident.
The attorneys at our Law Office have been successfully litigating personal injury and wrongful death lawsuits for over 20 years. We want to help you through the legal process now so that you may return to your life with as little financial stress as possible. We do understand what a difficult time this is for you emotionally.
Please contact us toll-free. We are pleased to offer a free consultation and we look forward to answering all your questions regarding your case.
===========================gtg
Hotel & Apartment Pool Drownings
Swimming Pool Accident Lawyer on Your Legal Options After a Hotel, Motel, or Apartment Pool Drowning Accident
Every year, hundreds of Texas residents enjoy the outdoors by swimming at their local apartment pools, hotel pools, or community swimming pools. The beautiful breeze of the waters in swimming pools makes one happy and the ability to relax. Despite the benefits and pleasures swimming pools provide to their users, there are also risks involved.
In fact, swimming pool accidents are one of the most common types of accidents residents in an apartment complex, hotel complex, or community neighborhood area may come across. If you or a loved one has suffered an injury due to an apartment pool accident, then know that help is available. You can possibly seek financial compensation for your injuries or loss through a personal injury lawsuit against a property owner or the entity that is responsible for maintaining the pool grounds.
In addition, if you have lost a loved one to death because of an apartment pool drowning, then help is also available. You can seek justice against the negligent party responsible for the apartment pool drowning through a wrongful death lawsuit. More than one party may have contributed to your loved one’s apartment pool drowning and therefore you can seek legal action against them by holding them liable through a wrongful death lawsuit. Even if an apartment pool drowning does not cause death, it can still result in serious injury to the victim. The injuries one may suffer because of the apartment pool drowning could drastically alter a person’s quality of life in a negative way. Whatever situation you are in, it is very critical that you get the help of an experienced apartment pool accident attorney. When you work with an apartment pool accident attorney, you will have the tools necessary in order to have a successful case. There are two reasons why you should seek a civil lawsuit against negligent apartment pool complexes. It is important to hold a negligent apartment complex accountable for their actions or inaction which led to the drowning. Also, another reason why you should seek a civil lawsuit is so that you can see justice served to the aggrieved party in the form of financial compensation. The injuries or death that can occur as a result of the drowning can be severe and cause a lot of financial hardship to the aggrieved party. By seeking financial compensation in the form of a civil lawsuit, your situation will be less burdened.
=====================gtg
Causes of Apartment Pool Drownings
As we all know, pool accidents happen for a variety of reasons. However, when it comes to apartment pool drownings, there may be several factors that contributed to the drowning. Apartment pool drownings can happen because of the lack of maintenance on the pool, no safety devices available at the pool, and equipment used by the pool may be defective as well. Safety measures around the pool must also be maintained. For example, pool gates and pool fences must be maintained and available at the apartment pool site so that a wandering child will not be able to access a harmful area of the pool. Furthermore, drain covers need to be installed properly and must be compliant with rules set forth and enforced through the Virginia Graeme Baker & Pool Spa Safety Act. This law was enacted to protect children because drain covers on swimming pools prevent children from getting caught in a vacuum caused by non-compliant drain covers.
Furthermore, warning signs have to be properly displayed and posted so that swimmers are aware of dangerous water levels or be able to see precautions swimmers should take in order to be safe. Warning signs are also needed to let people know if a lifeguard is available or not at the pool. Also, all children must be supervised if they are using a public pool such as an apartment pool. If a child is not properly supervised when using an apartment pool, then their guardian, parent or whoever their caretaker is can be held liable if that child experiences an apartment pool drowning. Also, if the apartment pool area lacks adequate safety equipment and a child gets hurt as a result of that, then the apartment pool property owner can be held liable for the child’s accident. For example, if a pool did have a broken fence or another defective safety device, and the child is able to wander around the pool into the dangerous areas and drown as a result, then the apartment manager or owner, the pool maintenance company, and the manufacturer or installer of the apartment pool safety device can all be held liable for their negligence in failing to provide standard safety measures to the public.
In summary, there are many causes to an apartment pool drowning and more than one party can be held liable. Being able to identify all the liable parties involved in your loved one’s apartment pool drowning is critical in order to pursue a personal injury or wrongful death case. Every liable party is responsible for owing their share of money to the percentage of compensation owed to the injured party. If any liable party is not properly identified or classified, then an injured victim may not receive the full compensation they deserve for their injuries. This is another critical reason why you should contact an apartment pool accident attorney as soon as possible. If you delay in contacting an attorney, evidence in your case can be destroyed, disappeared, or tampered with. When you contact the attorneys at our Law Office, we will get to the accident scene quickly in order to conduct an in-depth investigation into the apartment pool drowning accident case. Getting to the accident scene on time is critical for one to have the ability to identify all liable parties who contributed to the apartment pool drowning. Furthermore, the sooner our attorneys are able to conduct an investigation, the less likely chance a negligent party has a chance to tamper with evidence by concealing important things such as fixing a broken gate or a faulty drain cover in order to cover up for their mistakes and involvement in the apartment pool drowning accident.
===================gtg
Drowning Accidents at Hotel Pools in Texas
Hotel pool accidents are similar to apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting things around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area. In hotel pools, pool gates and fences must be maintained and pool covers should also be used. Hotel pools must also have anti-entrapment drain covers so that children cannot be sucked into the pool’s drainage area. The Virginia Graeme Baker Pool & Safety Act enforces these rules and is the law. This law states that anti-entrapment drain covers must be used in all public pools in order to protect children. If a hotel pool drowning or accident does happen, then the hotel owner can be held liable because of a premises liability case if it was discovered that the property owner was negligent in their duties to provide standard safety to its visitors of their property.
Another cause of hotel drownings in cities in Texas is due to intoxicated individuals who are a threat to the public by causing injury to themselves or others. If an intoxicated person became drunk because a server or bartender at the hotel over-served their patron alcohol and caused them to become drunk and that patron caused a hotel pool accident, the injured victim or bereaved family member will have the ability to pursue a dram shop case against the negligent alcohol-serving hotel establishment. In Texas, dram shop law was put into place so that any alcohol-serving establishments can be held partially liable for causing their patron to cause an accident because of being drunk and exceeding a blood alcohol level of .08%. If the patron causes an injury or accident because of their drunk state caused by their server who over-served them, the alcohol-serving establishment can become an additional defendant in a personal injury or wrongful death suit, and also a civil suit in a hotel drowning accident case.
====================gtg
Call Our Pool Accident Lawyer
Our Law Firm brings you 20 years of experience in litigating both personal injury law and wrongful death law in Texas. Our pool accident lawyers will help you seek the justice you deserve against a negligent party for their role in causing you injury, harm, and loss. The compensation you are able to get from your personal injury or wrongful death lawsuit can help you pay for things like medical bills, lost wages due to time off from work, funeral costs, and costs associated with your pain and suffering. The truth is anyone who has suffered a pool drowning will more than likely experience severe injury and the medical costs associated with that injury can be quite high as well. By seeking a personal injury lawsuit, you will have the ability to pay for the high medical costs associated with your injury or loss. While we know that no amount of money will ever bring back your loved one, we also believe that seeking a personal injury or wrongful death lawsuit is important for you because you can seek justice for those that caused or contributed to your harm. It also sends a clear message to everyone that negligent behavior or actions or inaction which lead to injury or death will not be tolerated. Contact the apartment pool drowning lawyers at our Law Office today to get the help you need.
Call us now toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to answer any questions you may have and provide you with several legal options that best meet your needs. Our attorneys will listen to your story and the details of your apartment pool drowning accident in order to start working on your case. At our Law Office, our goal is to help you in this difficult and stressful time of your life. We want to help you overcome the pain and tragedy you are going through by helping you seek the maximum amount of compensation for your injury or loss. We also want to help you seek justice by holding those liable parties responsible for your injuries or loss by holding them accountable for their negligent behavior. Call us now! Don’t wait!
==================gtg
The Virginia Graeme Baker Pool & Spa Safety Act
What is the Virginia Graeme Baker Pool & Spa Safety Act? Texas Drowning Lawyer Answers
In June of 2002, seven-year-old Virginia Graeme Baker died in a pool accident caused by a hot tub drain. Despite being an accomplished swimmer for such a young age, she became trapped through suction into a pool drain. Her mother and two other men attempted to free her. So much force was exerted in efforts to save her that the drain cover eventually broke off. Unfortunately, the efforts were not enough to save the young girl. Graeme, as her family called her, died due to entrapment by a faulty drain cover.
Not wanting other families to experience the same kind of grief she did, Graeme’s mother, Nancy Baker, daughter of the former Secretary of State James Baker III, went to work to get legislation passed that could prevent future tragic pool accidents caused by faulty drains. The Virginia Graeme Baker Pool & Spa Safety Act was passed into law on Dec. 19, 2007, and became effective the following year. Essentially, the bill mandated that all public pools and spas had to use anti-entrapment, safety-compliant drain covers so that severely injurious or fatal pool accidents would not occur.
The findings section contained in the Virginia Graeme Baker Pool & Spa Safety Act present a few sobering statistics in regards to childhood drowning accidents:
Congress finds the following (SEC. 1402: FINDINGS):
Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.
In 2004, 761 children aged 14 and under died as a result of unintentional drowning.
Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.
Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near-drownings.
The Virginia Graeme Baker Pool & Spa Safety Act goes on to state that ASME/ANSI A112.19.8-2007 compliant drain covers must be used in public pools and spas, which includes school pools, apartment pools, water park pools, hotel pools, or spas located at these places. If these places do not have such anti-entrapment drain covers installed and a child or adult suffers an injury or death as a result, the property owner or property manager may be in violation of federal law. Additionally, they may also be held liable for such an accident since proper steps were not taken to ensure the safety of their tenants or guests while using their pool.
Contact Our Texas Pool Accident Lawyers
If you or your child has suffered a severe injury due to entrapment in a pool drain cover, consider contacting our Texas pool accident law firm. You may be able to seek compensation for your injury or your child’s injury through a personal injury lawsuit in Texas. Such compensation can be put to use in paying off already-incurred medical bills, future medical bills, and other types of damages often incurred in the aftermath of sustaining an injury caused by another person’s or entity’s negligent behavior.
Drowning Accident Attorney
Should you have lost a loved one due to a faulty pool drain cover, consider contacting our Law Office to pursue a wrongful death lawsuit. Although compensation is sought in such civil suits in order to help an aggrieved party through the financial losses they’ve experienced as a result of their personal loss, seeking justice is often a larger reason for a bereaved family member to seek this kind of legal action. When the drowning accident attorneys at our Law Office are enlisted to help with a wrongful death case, we will conduct a thorough investigation into the accident site in order to determine who the liable parties may have been and what role they may have played in contributing to the fatal pool accident. Our goal is to hold each party fully accountable for their negligent behavior so that such behavior does not have to result in further harm or loss to another individual or family.
With 20 years of experience in both personal injury and wrongful death law in Texas, our attorneys can help you through this difficult time so that you may be able to seek compensation and pursue justice. Consider contacting our law firm for a free legal consultation. You’ll be able to ask any questions you may still have and receive answers in regards to your possible legal options. Should you be able to proceed with bringing a personal injury or wrongful death claim against a negligent party or parties, we can help you through that process so that justice can be served.
=========================gtg
