Philadelphia Injury Attorney Blog

As swimming pool drowning lawyers in Pennsylvania, we have investigated many situations involving a lack of proper supervision by a parent or caretaker resulting in injuries or death to children.

Recently, the parents of an Illinois toddler who drowned in a lake were charged with child endangerment as they were accused of allowing the boy and his twin brother to routinely wander from the child’s home through a basement window whereupon the child was found unresponsive and submerged in a lake near the child’s home. Unfortunately, one of the children died four days later in the hospital while his brother luckily escaped with only minor cuts. The Prosecutor claimed that an investigation revealed that the children were knowingly left unsupervised and they managed to climb out of the house or window. According to news sources, the parents were charged with endangering the life and health of a child (a felony punishable by up to five years in prison) and they also face misdemeanor child endangerment counts each carrying sentences of up to a year in prison.

Drowning and swimming accidents are the most common cause of injury and fatalities to children under the age of 5. There is an estimated 10 deaths per day related to drowning and approximately 76% of these fatalities involve children. Pool and water safety remains one of the most serious public health issues. The main contributing factor of submersion injuries and drowning is lack of supervision. The U.S Consumer Product Safety Commission (CPSC) continues to urge all parents to watch their children at all times around swimming pools and water areas and encourages education in water safety including, but not limited to, water rescue skills such as CPR.

Most drowning incidents occur in back yards, community pools, lakes, bathtubs, spas, or even smaller bodies of water and the majority of infant and toddler drownings occur in bathtubs or buckets within only a few short minutes. Most of these types of drownings are easily preventable.

Our experienced water accident lawyers have investigated numerous water and drowning accidents and understand that many different complex factors can result in unfortunate accidents causing death or permanent disability.

8-year-old Devin Caldwell of Chester, PA drowned in a Delaware County, PA apartment complex swimming pool at approximately 3:30 p.m. on Sunday, June 17, 2012. A newspaper story in The Philadelphia Inquirer was headlined “Drowning of 8-Year Old Delco Boy Accidental”. According to news sources, police determined that the boy had been wading in a wading pool in the company of relatives and at some point, they lost track of him after he left the wading area and slipped into the adult pool where he struggled to get to the surface. Police Chief John Eller stated that the lifeguard was aware that the boy had fallen into deep water but “got distracted”, and it was unclear what action the lifeguard took. Our hearts and prayers go out to the parents and family of Devin Caldwell as we reflect upon this extraordinarily sad and tragic situation.

When I learn about events like this, it strikes a chill in my heart and mind and reminds me of when I was a child and fell off an inflatable raft after I floated from the shallow wading area of a pool into the deep area. I remember struggling to get air as I panicked under the water but thankfully an adult on the surface had watched me and brought me to the top. I was resuscitated but have a chilling memory of this incident forever inscribed in my brain.

As an experienced swimming instructor and swimming pool accident attorney in Philadelphia, I am very well aware that a drowning can occur in just mere seconds if diligence is not exercised by those supervising the swimming area.

News sources allege that although the lifeguard was aware that the boy had fallen into the deep water, “he or she got distracted”. There is no mention of any action taken by the lifeguard. A man identified as Jesus Nieves, a resident of the complex, plunged into the water and pulled the young boy out and attempted to perform CPR and revive him. Unfortunately, the attempts were unsuccessful.

While there is no good news regarding this tragic event, hopefully it will remind other adults of the need to constantly monitor children and others in a swimming pool. In the summer months, there are approximately ten deaths a day related to drowning. Most of these are easily preventable by the exercise of due care and diligence. Lifeguards are not supposed to be distracted and must focus on the job they were hired to perform.

I am always fond of noting that chance favors the prepared mind and man, and while I hate to point fingers in any case, it seems as if this accident could have easily been prevented.

As summertime gets into full swing, many of us will be invited to pool parties. There is nothing more pleasant than spending a summer day or evening poolside mingling and socializing poolside, often with drinks in hand. Many resorts sponsor moneymaking pool parties.

Many years ago after the birth of my first child, I hosted a pool party at my home and a non-swimmer guest, after having a little too many, fell into the pool and came close to drowning. My eyes were opened, and after handling many swimming pool accidents and drowning cases, I learned that swimming pool parties handled and supervised improperly can be deadly. Birthday parties and social gatherings around the swimming pool require proper supervision. A recent review of swimming pool and drowning accident legal cases indicates that of all cases involving minor children as victims, one third of all drowning occurred at swimming pool parties.

The largest insurance carrier of YMCA’s, which maintains an excellent and aggressive drowning prevention program, collected even more startling data noting that over the past five years, nearly 2/3 of all swimming pool deaths occurred during planned group swimming activity; typically, a pool party. All pool parties should be properly supervised by a lifeguard, as the host of the party owes the highest duty of care to those in attendance. The host of the party has a duty to supervise, educate, and protect invitees. Unfortunately, many hosts, including parents, simply become too distracted and caught up in the party fun to watch the visitors. Most drowning accidents occur in less than one minute.

If you are planning to host a pool party, it is important to contact a water safety agency group or consultant as well as hire guards. Proper planning ensures the safety of guests.

If you or a loved one has been involved in a swimming pool accident, drowning, or water-related accident, it is wise to contact experienced counsel who can properly investigate your claim and protect your interests. The Pennsylvania swimming pool accident attorneys of Reiff & Bily always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

Swimming pools present a year-round danger if they are not monitored or protected properly. If a gate does not close properly or is out of alignment, it becomes analogous to the weak link in a chain and may lead to a catastrophic accident or drowning.

Unfortunately, many gates surrounding swimming pools are cheaply manufactured or lack integrity of construction and installation. Many times, the lock or closing devices to such gates are improperly maintained which indicates that the owner of the pool is not as concerned with safety as he or she should be.

As the owner of two swimming pools, as well as a swimming pool accident attorney, I understand that safety must always be priority number one. Although many pool gates are designed to be self-closing and self-latching, years of experience inspecting fence gateways after they have failed has led me to conclude that despite advertisements of self-closing and locking gates claiming that you will never have to worry, unfortunately the situation is quite different in reality. Common sense dictates that the swimming pool area is unsafe for pets, toddlers, and children, who can fall into a pool if a safe and operating barrier such as a fence is not closed to prevent their injury.

Each jurisdiction has a local code that should be followed regarding the height and construction of a pool fence. If your fence self-closes by virtue of springs or has a spring loaded lock, make sure that it is properly and annually maintained so that complete closure occurs and does not enable access to the pool. Maintenance of a safe swimming environment involves not only the swimming pool itself, but the surrounding areas including the gate or fence.

Unfortunately, over 1,000 children will die every year, approximately 300 under the age of 5, in swimming related accidents, while another 5,000 will be hospitalized. An additional 200 children will die in a spa or whirlpool.

As an experienced pool accident attorney, I am all too familiar with the catastrophic drowning accidents in Pennsylvania that occur as a result of the negligence of swimming pool operators and owners. Close supervision and maintenance of a pool environment is vital to ensure safety whether it is a home pool, resort pool, public pool, or apartment complex pool.

If you or a loved one has sustained a swimming pool injury or drowning, the experienced Philadelphia pool drowning lawyers at Reiff & Bily always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

As spring comes upon us, thoughts of jumping in the swimming pool and visiting water parks flow through our minds.

Since I was a young boy, I have been unable to keep myself out of the water and my parents use to tell me that I was the closest thing to a fish. Quite naturally, although normally a safe environment for those properly trained in water safety skills, swimming pools, water slides, and water park attractions can be the source of catastrophic injuries, paraplegia, quadriplegia, and unfortunately drowning, if operators fail to take appropriate safety steps in accordance with national and local safety codes and standards.

From the time I was a young boy, I worked as a lifeguard assistant and then a lifeguard at the Jersey shore and taught swimming and water safety. Over the years, I developed an extensive background in drowning prevention, swimming pool and water park safety, and understand more than ever that children and adults must be aware of the hazards in and around areas of water.

Water and swimming pool accidents are on the rise and may be caused by a variety of circumstances and breach of legal responsibilities. Owners and operators of swimming pools, water parks, and swimming areas are responsible for keeping the area secured, properly maintained, and safe. This includes, but is not limited to, proper placement and installation of decks, diving boards, slides, covers, and proper maintenance of chemicals. Unfortunately, in a tightened economy, many pool and water park owners and operators take short cuts, therefore emphasizing profitability over safety.

The experienced swimming pool accident lawyers in Philadelphia at Reiff and Bily have worked with local and national experts and consumer groups in an attempt to increase aquatic safety and are committed to the prevention of drowning and water-related injuries. We understand that if a water accident or drowning occurs, an independent investigation is necessary to assist the victim and victim’s family to gather evidence and move forward to make sure that future medical bills and needs are provided. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a jury awarded $10 million dollars to the family of a 13-year-old swimmer who drowned in a man-made lake operated by the town of Ridgewood, New Jersey. According to trial testimony, nine lifeguards were on duty and none of them noticed a surface struggle or submersion of the victim even though a friend of the young victim attempted to rescue him. An expert witness stated that lifeguards were poorly positioned to protect and recognize the victim and violated a standard of care. Unfortunately swimming pool accidents, drownings, and accidents that occur at man-made lakes or supervised swimming areas of many resorts are frequent sites of drowning and result from breaches of supervisory standards of care.

In a tightened economy many townships or owners and operators of real estate containing swimming areas should always make safety their number one priority and not take shortcuts on tightened budgets. If you are a parent, always keep an eye on young children in a swimming area, even if there are lifeguards on duty, and if you are an adult, never swim alone in an unguarded or unsupervised area. Louis Pasteur once said that “chance favors the prepared mind," and it is impossible to predict when the unexpected tragic event will occur.

If you or a loved one has been involved in a swimming accident, contact one of our experienced Philadelphia swimming accident attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a young boy drowned while swimming at night in a swimming pool owned by a major hotel chain while attending a wedding reception. Although alcohol was involved, there were numerous other violations pointing to owner/operator negligence for swimming pool operations and premise liability which led to the tragic death. Recently I was a guest at another major hotel chain with an indoor pool and was surprised to notice that the hotel did not secure the pool at night by locking doors even though claiming it was closed during evening hours. The hotel’s actions indicated that guests were allowed to swim at night and the area was dimly and darkly lit. The hotel also had business and social functions ongoing in the lobby and bar areas and it was very possible for guests who were intoxicated to enter the pool.

In the hotel swimming pool drowning accident case where the boy drowned, an aquatic safety consultant was retained and stated that the hotel was negligent in that it failed to secure the pool at night with locked doors or gates even though they claimed it was closed during evening hours. Routine pool controls and patrols were not conducted for safety and the pool was lacking safety signs, rescue and resuscitation equipment. There was no one on staff ultimately in charge of the pool and in fact, many of the safety breaches which led to the finding of liability on behalf of the hotel chain were in violation of the company’s written policies.

As an experienced Philadelphia hotel safety and Philadelphia swimming pool accident lawyer for over thirty years, I understand that safety is priority number one and that hotels and motels owe the highest duty of care to those who visit the premises as customers to insure their safety and protect them from significant harm or death. If you or a loved one has been injured as the result of a swimming pool accident, please contact us for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.