More Information Emerging About Massachusetts Drowning Death

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.
In 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.