Monday, April 4, 2016

More Information Emerging About Massachusetts Drowning Death

More Information Emerging About Massachusetts Drowning Death

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.
buoys.jpgIn 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.

Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

lifesaver.jpgIn the midst of the holidays and the cold that grips large parts of the country, it is often difficult to think about the prime swimming season.  It is unlikely that many residents of Chicago, New York, or other northern cities are thinking about swimming in outdoor pools that are closed or lakes that are frozen over.   However, our swimming pool accident lawyer knows that swimming takes place each and every day in various parts of the country in both indoor and outdoor pools.  That is why it remains important to share reminders about the importance of safe swimming and maintenance throughout the year.
For example, North Jersey News recently reported on a jury verdict that was handed down in a swimming pool case involving a13-year old boy who drowned in the summer of 2008.  The boy, Soo Hyeon Park, was visiting the city of Ridgewood from South Korea and the family was using the public Graydon Pool.  There were nine lifeguards in the stands around the pool on the day that the accident took place.  However, when the young child began to struggle staying afloat, not one of those guards noticed.  The boy was underwater for a considerable period of time before a family friend noticed him and attempted a rescue.  The friend told the mother of the problem who then alerted the lifeguards.  Tragically, even then, the pool manager only ordered the guards to search for the boy around the pool, instead of actually sending them inside the pool.  It wasn’t until 40 minutes later that the boy was actually pulled from the water.  The family eventually filed a swimming pool lawsuit alleging negligent supervision of the pool and inadequate lifeguard response.  Late last month the jury agreed with the family and awarded them the verdict.
As the family’s swimming pool drowning attorney noted, “there were actually lifeguards who were searching the parking lot.  They should have seen this child as he was drowning.  They should have gone in and saved him.  That’s what lifeguards do.”
This is a sad reminder that the mere presence of lifeguards are of little value to swimmers if those guards do not act appropriately to help those in danger.  In fact, inadequate lifeguards may actually be worse than no lifeguards at all.  This is because many onlookers provide less oversight than they normally would under the assumption that lifeguards are around to help in case something happens.
As our national drowning lawyer at the J. Guerra Law Firm has explained to various audiences, it remains essential for all lifeguards to be properly trained and follow basic rules while on duty.  For one thing, they must be mentally fresh.  Studies have found that it is almost impossible to effectively scan a pool effectively for more than 30 minutes at a time.  Lifeguards needs 5 or 10 minute “reset” breaks between each of those sessions to ensure that they are actually capable of spotting a struggling swimmer while observing the pool.  Tired eyes on lifeguards render them ineffective.
Similarly, it is important for guards to be rotated, because studies show that staying in the same place for too long decreases attention span.  Considering the need for proper rest, it is therefore important that there be enough staff members on duty at a pool so that no single guard is forced to work more than possible at maximum effectiveness.  Failure to account for these known risk factors may be an example of negligent pool supervision.  

Physical Education Teacher Fired After Student Drowning

Physical Education Teacher Fired After Student Drowning

Last November the community in Wenatchee, Washington was rocked when a high school freshman drowned during what was supposed to be a normal high school swimming class.  Our swimming pool drowning lawyer discussed this case last year.   According to the Wenatchee World, the day he drowned, freshman Antonio Reyes was participating in a swim class overseen by physical education teacher Ed Knaggs.  Students in the next swim class found the freshman’s body at the bottom of the pool’s deep end.  According to an investigation he had been underwater for more than 40 minutes.  It was Reyes first time in the pool, and his parents claim that he did not know how to swim.  A swim assessment was held a week prior to the class, but Reyes did not participate.  Knaggs, a certified lifeguard, was supervising 26 students swimming in the class that day.
On April 20th Knaggs received a letter of termination from the school district after spending five months on paid administrative leave ever since the drowning.  The letter laid out 15 points showing probable cause for his firing including, failure to properly assess swimming ability prior to allowing students to swim, failure to provide close supervision, and failure to recognize the signs of swimmer distress.  He is appealing his termination.  Knaggs will remain the head coach of the Wenatchee AppleSox summer collegiate baseball team, who’s representative viewed the drowning as an isolated, unfortunate event.life ring 2.jpg 
Wenatchee School District Superintendent Brian Flores confirmed that Knaggs had been terminated, but was unable to comment on reasons why due to a pending lawsuit against the school district.  The lawsuit was filed by the Reyes’ family in December.  The suit is asking for $15 million dollar from the school district for criminal negligence and malfeasance by school officials.   Jesse Guerra, the swimming pool accident lawyer  at our firm has successfully handled many cases just like this one.
Our swimming pool drowning attorney was pleased to hear that the Wenatchee school district has announced that in light of this unfortunate drowning, changes will be made to how high school swimming classes are operated.  From now on a standardized test will be used to designate swimmers from non-swimmers prior to the beginning of any swim class.  This will help teachers to keep a better eye on those with less swim skills and make sure they stay in the appropriate area of the pool.  The school district is also adding an extra lifeguard to each swim class to help monitor the many swimmers.  An extra set of eyes on that many swimmers is always a positive change that can increase the level of safety in the pool.
Schools across the country hold swim classes, and many could benefit from changes like the ones the Wenatchee school district is making.  Contact the nationally renowned swimming pool accident lawyer Jesse E. Guerra Jr. if you or someone you know has been affected by a drowning accident.  Mr. Guerra can help you navigate the legal system and protect your rights after such an awful accident.  Mr. Guerra can also help you effect real change for the safety and benefit of all future pool users.

The Tragic Drowning of Noah Rodriguez

The Tragic Drowning of Noah Rodriguez

It is difficult to imagine something more devastating than a family vacation - a time to spend quality time with your family - ending in the death of a child. Unfortunately, the parents of Noah Rodriguez experienced that horrific reality when their nine-year-old son drowned in a swimming pool in Myrtle Beach, according to the Atlanta Journal Constitution.

Noah had been swimming at the Sea Mist Resort in Myrtle Beach, South Carolina on Friday, June 12, when he was pulled from the water and taken to a local hospital. The entrance to the Sea Mist Resort features a sign that identifies the resort as having the largest on-site water park in the area. The resort’s website lists a variety of water attractions as a perk of staying at the resort as a guest.

This case is not in isolation. According to the Centers for Disease Control and Prevention (CDC), from 2005 through 2009 there were an average of over 3,500 fatal unintentional drownings each year. Each year, 20% of those who die from drowning are age 14 or younger.

Generally, when someone is injured or killed at an attraction such as a swimming pool or waterpark, the policies, procedures, and safety protocols in place at the attraction are scrutinized. When operating a water park or attraction and when identifying the attraction as the largest on-site water park as a “draw” for families, there is an obligation to take reasonable steps to assure patron safety. Resorts or attractions that are geared towards children and families should have a variety of measures in place, including well-trained lifeguards.

Merely having lifeguards on site is not sufficient to ensure patron safety. Lifeguards need to pay attention, understand and identify the signs of drowning or distress, and adhere to national lifeguard standards. According to a 2011 report released by the United States Lifeguard Standards Coalition, not only should lifeguards be vigilant, but supervision should be in place to ensure that lifeguards are able to maintain vigilance and be ready to detect and respond to swimmers’ distress. The report also recommends that supervisors provide training for lifeguards on scanning to identify swimmers in distress or in need of assistance.

Water parks, public pools, and attractions should have well-trained, properly supervised lifeguards on site. They should have layers of policies and procedures in place to ensure swimmer safety, particularly if they advertise that the attraction is family- and child-friendly and therefore know that many of their swimmers are children. In the case of Noah Rodriguez, had there been the appropriate safety procedures in place, and had there been competent, vigilant, and attentive lifeguards, this tragic drowning could have been prevented and Noah would still be with his family today.

When a tragedy strikes, and someone else’s negligence contributes to that injury, it can be difficult to know where to turn. If you or a loved one has experienced a swimming pool accident, contact the J. Guerra Law Firm for a consultation today. We will help you navigate the court system, understand your options, and get the justice that you deserve.

Child in Critical Condition After Near Drowning

Child in Critical Condition After Near Drowning


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.