Child in Critical Condition After Near Drowning

Child in Critical Condition After Near Drowning

Posted by Jesse Guerra on August 21, 2015

On Saturday, August 15, two women were taking their children swimming at the Holmen Area Aquatic Center in Holmen, Wisconsin, when they saw a four-year-old child struggling in the water and walking into the deep end. One woman attempted to get the lifeguards’ attention, and when she failed, the other pulled the child from the pool.

Not an hour later, the women witnessed another patron pulling a lifeless three-year-old child from the pool. The lifeguards stood by as one of the women performed CPR until first responders arrived. The child was taken to La Crosse hospital where he is currently in critical condition.

The woman told reporters that she “had words” with the lifeguards on duty after the first near-drowning and felt like “the ball was dropped” by the lifeguards at the facility.

Lifeguards and Public Pools

Some pools are required to provide lifeguards, and pools that are not required to provide lifeguards may choose to provide lifeguards to increase patron safety. Pools that do not provide lifeguards are required to give swimmers notice that there are no lifeguards on duty. For pools with lifeguards, those lifeguards are required to adhere to laws outlining lifeguard personnel standards.

According to Wisconsin law, pools that have lifeguards are required to have a certain number of lifeguards on duty at all times, based on the surface area of the pool or the number of patrons in the pool. The law also requires certain certifications and trainings for the lifeguards, and limits the assignment of duties that may distract a lifeguard from observation of the pool or from providing assistance to pool patrons.

When public pool owners fail to adhere to any of these regulations, such as having too few lifeguards on duty while the pool is open, it can create unsafe conditions and contribute to circumstances in which someone can be injured or die during a pool accident.

Pool Safety

While it is unknown whether the Holmen Area Aquatic Center adhered to regulations regarding their lifeguard placement and staffing, even when lifeguards are present and providing adequate surveillance, there is no substitute for adult supervision. Lifeguards are charged with watching many swimmers at once, and people - especially children - can quickly become distressed while swimming. Unfortunately, lifeguards aren’t perfect - they can make mistakes or become distracted. The American Red Cross recommends keeping young children within arm’s reach at all times. This can increase the safety of young swimmers, and is a good idea even when lifeguards are present. Adequate supervision can also help prevent risky behavior, such as running near the pool’s edge or diving, that can raise the likelihood of a pool-related accident. In addition to close supervision, floatation devices are also recommended for young children and inexperienced swimmers.

When someone has an accident at a public pool, having the support of an experienced attorney can help you investigate the circumstances of the accident and understand your legal options. If you or a loved one has experienced an accident at a public pool, contact experienced swimming pool accident attorney Jesse Guerra at the J. Guerra Law Firm for a consultation today.