Injuryboard Commentary - Pool Accidents

1 Year-Old Drowns in Neighbors Swimming Pool

Jeremy Thurman — Tue, 01 Sep 2009 16:02:37 GMT

Newsok.com is reporting that a 1 year-old Oklahoma City boy has drowned in a neighbor’s above ground pool. Our prayers are with the family during this awful time.

This should reinforce to all pool owners to make sure that your pool in inaccessible to kids.

Originally posted at InjuryBoard by Jeremy Thurman

Tips on Avoiding Pool Accidents While Vacationing on the Outer Banks

Jim Lewis — Fri, 03 Jul 2009 13:38:00 GMT

Part of a great vacation on the Outer Banks usually involves swimming at a pool. Whether the pool is at is at a condo, hotel, or house there are some things to keep in mind. Although a fun activity that is enjoyed by young and old alike, there lies a danger just beneath its surface that you need to know about.

It is important to keep in mind that a faulty pool drain cover can lead to serious injuries, and the beginning of the summer season is a good time to review basic safety measures that pool-owners should keep in mind to avoid a disaster.

Since originally enacted in December 2008, the Virginia Graeme Baker Pool and Spa Safety Act requires that anti-entrapment devices be installed on drains that resist UV degradation and prevent body parts from becoming trapped due to suction. The act was named for a girl who died in 2002 when the suction from a spa drain entrapped her under the water.

NSF International, a public health and safety organization, has therefore offered suggestions to help create a safer swimming environment. They include making sure properly-sized drain covers are installed and teaching children not to play with or remove a drain cover.

Moreover, it is a good idea to drain any standing water from the surface of the pool cover, as small children can drown in even the smallest amount of water. Before allowing anyone to swim, the cover should be completely removed.

Lastly, a key to avoiding accidents is responsible adult supervision at the pool side at all times. For additional safety, some people have chosen to surround their pool or spa area by a fence with a self-latching mechanism to prevent unauthorized entry on to their property.

As personal injury lawyers we want you to first be safe, then have fun. Tragically, according to the Consumer Product Safety Commission reports some 300 children under the age of 5 drown each year and 5,000 to 6,000 are severely injured as a result of faulty draining systems in the swimming pool. Please be safe this summer while enjoying a swim at the pool.

About the Editors: Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

Eighty Percent of Pools Not in Compliance with New Safety Law

Beth Janicek — Tue, 27 Jan 2009 19:53:21 GMT

The majority of all public swimming pools are in violation of a new federal safety rule aimed at preventing people from becoming trapped in underwater drains. The Virginia Graeme Baker Pool and Spa Safety Act set new standards for drain covers for public pools, spas, and hot tubs. Some pools have even begun temporarily closing down out of fear of legal liability until they are able to comply with the new law. According to the National Swimming Pool Foundation, a nonprofit group that promotes aquatic education, about 80% of the country’s 300,000 public pools still need to adjust their facilities in order to meet new requirements. Pool operators complain that the new, safer drain covers did not hit the market until the fall and continue to be in short supply. In addition, the new equipment costs between $1,000 and $10,000 to purchase and install.

Drains, located on the bottom or sides of a swimming pool, are part of the pool’s circulation system that keeps the pool clean. Unfortunately, the suction caused by pumping the water can sometimes cause swimmers to get stuck to or caught in the drain. According to the Consumer Product Safety Commission, between 1999 and 2007, there were 74 reports of entrapment in pool drains, causing nine deaths and 63 injuries. Drain covers that meet the new standards are domed, in contrast with the older style drain that is typically flat and sits flush against the bottom of the pool. The domed drain limits the surface area that comes into direct contact with a swimmer’s body and has smaller openings to prevent fingers and hair from getting trapped. They also limit the rate at which water flows into the drain to prevent entrapment by suction.

The Pool Operation Management website lists what the Virginia Graeme Baker Pool and Spa Safety Act means to your pool and spa and also lists what you need to do to comply with the new law. In addition, the website shows which drain you need to install based on what drain you currently have.

Originally posted at InjuryBoard by Beth Janicek

Summertime Swimming

Beth Janicek — Wed, 17 Dec 2008 10:49:31 GMT

It is a classic pastime for much of the country but what most people don't realize is some of the inherent dangers built into the actual swimming pools.

Alan Korn, public policy director of the Washington-based nonprofit group Safe Kids Worldwide says that, on average, one person dies a year in pool-drain suction related incidents a year. Between 1985 and 2004, there were 33 deaths of children under 14. This issue was hidden in relative obscurity until 2002 when the 7-year-old granddaughter of former Secretary of State James A. Baker was sucked onto a spa drain, and drowned despite efforts to pry her off.

It was this tragedy that prompted Congress to pass a law mandating that all public pools, including municipal pools and those at hotels, private clubs, apartment buildings and community centers install a new "hump-shaped" drain-cover that reduce the suction that flatter drain-covers are more conducive to. Congress gave pools falling under the umbrella statement of "public pool" a year to comply to this new law but a year later (the deadline is Friday Dec 19th) the National Swimming Pool Foundation, a nonprofit group in Colorado Springs, Colo., said about 80 percent of the 300,000 public pools and spas in the United States do not comply with the new rules.

Unfortunately due to a lack of supply of compliant drains and workers to install them the new regulations could cost anywhere from $1,000 to $15,000 to put in place. This presents a problem for many municipal pools based on the economic crunch many local governments have been put in during the present recession.

If your holiday plans include going to a resort or spa and you are expecting to swim, you better check with the resort to make sure they have complied with the new law which takes effect on Friday, December 19, 2008.

Originally posted at InjuryBoard by Beth Janicek

Prevent Drowning Deaths This Fourth Of July

Rob McKinney — Thu, 03 Jul 2008 08:51:35 GMT

As our great country celebrates it's birthday tomorrow , please be careful around the pools and lakes. This year alone Tennessee has been shocked at the drowning deaths of two children in Memphis at a community pool and one here in Nashville at the YMCA in Donelson. The National Safety Council advises that parents should never assume that lifeguards are watching their children. Lifeguards are not babysitters, they are there for serious emergencies. The drownings on our lakes are preventable. Life jackets are a must. Nationwide,90 percent of people that drown in our lakes and oceans are not wearing personal floatation devices. My son and I are going to float the Buffalo River Saturday in hopes of catching a few fish. Our first stop will be to buy some personal floatation gear. Have a safe and happy fourth.

Originally posted at InjuryBoard by Rob McKinney

Colin Holst, 4 Remembered After his Tragic Drowning at Life Time Fitness

Jesse Guerra — Mon, 16 Jun 2008 17:21:16 GMT

According to an article in the Austin American Statesman, "Colin Holst might have been only 4 years old, but he could run like the wind." Words by his father described him as having the endurance of an olympic athlete.

Colin was pulled out of the pool at Life Time Fitness by Life Time lifeguards and was given CPR on friday June 13, 2008. Unfortunately, he passed away Saturday at Dell Children's Medical Center in Austin, Texas.

He had just graduated from pre-kindergarten at the Primrose School of Bee Cave. His father said he loved to play soccer and go to the beach and playing in the water. Our prayers go out to his family at this tragic time especially as this occurred father's day weekend.

Questions remain? What were the lifeguards on duty doing at the time Colin needed help?

The pertinent lifeguard rules are as follows; 1. 30 Second Rule-The Lifeguard surveys one extreme of his/her zone of responsibility to the other and back within a total of thirty seconds; 2. 10/20 Rule- Once the lifeguard identifies a potential incident (i.e. victim, hazard, risk), he/she must determine within ten seconds whether or not intervention is needed or required. If required, the lifeguard must be positioned in order to intervene within twenty seconds; and 3. 10x10 Reaction rule-The lifeguard must be able to intervene within ten seconds.

It's often the case that lifeguards on duty are often distracted by other people around the pool and are not actively following the rules they were trained to follow. We have all witnessed lifeguards talking to swimmers and others by the lifeguard stand.

No other information was released surrounding the immediate circumstances leading up to this tragic event at this time at Life Time Fitness.

We are left only with words from Colin's father, Jeffrey, "For the short time he was here, he impacted so many people, it's unbelievable, he's my hero."

Originally posted at InjuryBoard by Jesse Guerra

Pool Yard Enclosures and Pool Safety

Jesse Guerra — Fri, 23 May 2008 11:55:52 GMT

Chapter 757 (Pool Yard Enclosures) TXDHSS 265.200(b) of the Texas Health and Safety Code requires pool gates and doors to be "SELF-CLOSING and SELF-LATCHING". In plain english, a gate must close and latch on its own from any open position.

This is important because small children can easily access swimming pools if these gates do not work properly to prevent innocent small children from accessing the pool. Modern gate latches are positioned at the top of the gate and are harder to open therefore, being much safer and effective for keeping out small children.

The numerous apartment complexes and hotels operating pools without trained life guards on duty should take extra care in making sure that the gates and latches are working each day and through out the day to ensure tenants and guest safety.

If you notice that a gate is not working properly notify the manager on duty or owner of the complex or hotel immediately. A pool that does not have these in place is in clear violation of the Texas Rules on Pool Safety mentioned in The Texas department of Health and Safety Standards for Pools and Spas and must be closed until corrective action is taken to get the gates in compliance.

Originally posted at InjuryBoard by Jesse Guerra

Man Drowns at Padre Isles Golf Course in Corpus Christi, Texas

Jesse Guerra — Thu, 20 Sep 2007 09:59:36 GMT

A 36 year-old man drowned yesterday, September 19, 2007 while diving for golf balls.

According to police, he was found dead at the scene at the bottom of a pond on the fourth hole of the golf course. He was found two hours after he was reported missing. The man had been diving for golf balls with his cousin and both were working for a Houston based company at the time of the drowning. Police said the men were wearing weight belts and wet suits, but did not have any oxygen systems.

Bob Hilliard, a local Board Certified Trial Lawyer for over 15 years has handled numerous drowning cases and cases involving negligence by employers who fail to take proper safety measures to keep their employees out of harm's way. He has also been selected as a Texas Super Lawyer on three seperate times, most recently in 2007. He has been trying Personal Injury Cases since 1983.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Jesse Guerra

Wrongful Death Suit filed against Port Royal Condominium Owners' Association

Jesse Guerra — Tue, 18 Sep 2007 16:31:10 GMT

Corpus Christi police said there appears to be no foul play in the drowning of a 16 year-old-girl who died while swimming at the Port Royal Condominium Pools on Mustang Island on May 04, 2007.

Toynelle Bailey was reported missing around 5:30 p.m. by her friends and her body was found in the deep end at around 7:30 p.m. Toynelle was in town with fellow band mates from Houston and was scheduled to perform in the Buccaneer Day's Parade the following day. Toynelle's family has hired the Law Firm of Hilliard and Munoz LLP out of Corpus Christi, Texas to investigate and file a law suit against the owners of Port Royal Condominiums for negligence resulting in Toynelle's death. Bob Hilliard is a double board certified trial lawyer based out of Corpus Christi, Texas. He is specifically board certified in Personal Injury Trial Law and Civil Trial Law by the State Board of Legal Specialization in Texas. Bob has been trying personal injury law cases since 1983. According to Mr. Hilliard, "these types of drowning incidents are situations that cannot be ignored, huge swimming pools like the those at Port Royal can often create dangerous situations without proper safety measures in place. Facilities like Port Royal owe a duty to provide a reasonably safe swimming environment for their guests."

Originally posted at InjuryBoard by Jesse Guerra

Wrongful Death Suit filed against Port Royal Condominium Owners' Association

Jesse Guerra — Tue, 18 Sep 2007 11:17:09 GMT

Corpus Christi Police said there appears to be no foul play in the drowning of a 16 year-old girl who died while swimming at the Port Royal Ocean Resort Condominium Pools on Mustang Island on May 04, 2007.

Toynelle Bailey was reported missing around 5:30 p.m. by her friends and her body was found in the deep end around 7:30 p.m. Toynelle was in town with fellow band mates from Houston and was scheduled to perform in the Buccaneer Day's Parade the following day. Toynelle's family has hired the Law Firm of Hilliard and Munoz LLP out of Corpus Christi, Texas to investigate and file a law suit against the owners of Port Royal Condominiums for negligence resulting in Toynelle's death. Bob Hilliard is a double board certified Trial Lawyer. He is specifically board certified in Personal Injury Trial Law and Civil Trial Law by the State Board of Legal Specialization in Texas. Bob has been trying personal injury law cases since 1983. According to Mr. Hilliard, "these types of drowning incidents are situations that cannot be ignored, huge swimming pools like those at Port Royal can often create dangerous situations without proper safety measures in place. Facilities like Port Royal owe a duty to provide a reasonably safe swimming environment for their guests at all times."

Originally posted at InjuryBoard by Jesse Guerra