Articles Posted in Swimming Pool & Aquatic Injuries

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Pool-Safety-300x280There is a common risk to children in the form of swimming pools.  Without proper supervision and safety devices like pool gates, fences, and alarms, children – especially toddlers – are at risk for drowning. In Australia, a coroner / medical examiner recommended that pools, spas, and other water hazards be banned at family day care centers. This recommendation follows the investigation into the death of a toddler – Lachlan Mitchell. The coroner opined that a swimming pool presented an unacceptable drowning risk to children.  While the coroner’s recommendation is not being adopted by the local child licensing agency, the recommendation aptly points out the significant risks posted by swimming pools in small day care centers as well as any day care center for that matter.  Yes, a swimming pool can be a wonderful activity to small children enrolled in a day care center.  Furthermore, teaching small children including toddlers how to swim can be quite beneficial as an essential life and survival skill for children.

A ban on swimming pools in day care centers can be seen by the day care operators as a drastic move or a somewhat draconian law.  Nevertheless, absent a ban – there will always be some risk by having a swimming pool on premises at a day care center.  Adult supervision is key.  While gates, locks, and alarms all serve a purpose, there is no substitute for the proper, ongoing, and constant supervision of the children enrolled in the day care center.  It is well known that swimming pools are attractive nuisances to children. In other words, children see the pool as a big playground and adventure rather than a danger.  Furthermore, children especially infants and toddlers have poor to no safety awareness when it comes to swimming pools and other waterways.  In addition to adult supervision, gates should be installed and maintained.  In addition, alarms should be put in place to alert day care center staff members when a child is in or near the pool area.  Video surveillance would also be helpful in detecting the presence of children in the pool area and in making sure that the children are properly supervised.

According to the United States Center for Disease Control, there is an average of about 3,500 fatal unintentional drowning deaths per year.  This is the average for the time period between 2005 and 2014.  Children under the age of 14 account for 1 in 5 of these deaths.  Furthermore, for every child who drowns – there are statistically 5 more children who are seen in an emergency room for non-fatal drowning related personal injuries.

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by David A. Wolf, Attorney – Child Injury Lawyer Blog
Amusement Park.001In Kansas and throughout the United States, adults, children, and families visit theme parks, amusement parks, and water parks. For most guests and visitors, the days and nights are filled with fun, adventure, laughter, and good times. Unfortunate for some children and adults, the theme park, amusement park, or water park is the site of a catastrophic personal injury or death.  When a business operates or manages a recreation areas, there is a duty to keep the grounds, rides, and attractions in good repair and to have attentive ride operators, supervisors, and lifeguards in place for the safety and protection of the guests and visitors especially children.  Theme parks, amusement parks, and water parks invite and market to families and children. As such, all safety measures should be set up for the protection of the smaller and younger guest in the form of children.   Like other types of personal injury cases or claims there are four essential elements to pursue a civil case or claim on behalf of the injury victim as follows:
  1. Duty;
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By David A. Wolf, Attorney

Child Injury Lawyer Blog
Legal Rights - Drowning Case.001Summer time is filled with lots of fun and activities including visits to swimming pools and field trips.  During the summer, there is nothing more fun for children at times than splashing around and swimming with friends. However, it should always be kept top of mind for day care center providers, child care providers, summer camp counselors, water safety personnel, and lifeguards that swimming pools and aquatic areas can be extremely dangerous for children.  Whenever there is a field trip by a summer camp or day care center to a water park, aquatic area, swimming pool, theme park, or amusement park, it is vital that supervision be in place at ALL TIMES.  That statement should be repeated and emphasized – SUPERVISION SHOULD BE IN PLACE AT ALL TIMES.  It should also be noted that supervision is not the mere presence of a counselor, teacher, or care provider.  It also means being attentive to the location, whereabout, needs, abilities, risks, and dangers of each child.   Mobile phones are great devices; however, they also can be toys that lead to serious personal injuries and drowning incidents for children.  Just one text me, e-mail, or so called funny video can some times spell the difference between life and death for a child who ends up drowning at a swimming or aquatic area while on a visit or a field trip.
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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks LIn Illinois and other States, parents rely upon day care centers to provide a safe, nurturing environment for their children during the busy work day. For most children on most days, a day care center provides proper supervision to keep the children safe and out of danger. Unfortunately, there are days (far too many days) when a child is injured while under the so called watch of a day care center.

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By  David Wolf, Attorney

sports_1000009537-120613intIn the summer and other times of the year, there is always a risk of drowning to toddlers, children, teenagers, and yes adults.  Putting safety measures in place is not just for special events and public pools.  Safety should be a priority any time that a person (of any age) is on, in, or near the water whether it is a swimming pool, water park, wading pool, lake, river, canal, or ocean.   Even a lazy river winding itself around the confines of a luxury resort can be the site of a horrible yet preventable drowning or near drowning incident. Most drowning or near drowning incidents can be prevented with the proper planning and the proper supervision of the swim area.   Let’s talk a bit about supervision.  Here is an equation to consider:
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blue and vibrant swimming pool side

Swimming Safety – Importance of Touch Supervision

By  David Wolf, Attorney

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By  David Wolf, Attorney
Kids Number Block As Symbol For Numeracy Or CountingParents rely upon day care to provide for the parent the child during working hours. For most childre in day care, the experience is a positive one filled with education, activities, and socialization.  For some children, however, a day care center is the site of a serious personal injury and even a tragedy in the form of a death.  Most child care providers are well-trained, caring individuals who put in a hard day of work to properly supervise children. At times, a day care center is a location where a child takes his or her last breath. Imagine the shock of a parent who drops off a child in the morning at a day care center only to learn that the child died at the day care center later that day.
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By David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20water%20tiled%20bottom%20of%20pool.jpgDrowning is a problem that continues to be a tragedy in many communities during the summer, spring, and other times of the year. Some drownings are unpredictable and unpreventable even with good supervision. For instance, if a person has a seizure or heart problems out of the blue and then drowns, this may not be preventable especially with no prior history of seizures or heart problems. However, most other drowning incidents are preventable with proper safety precautions, supervision, and training in place. This is especially important when there are children in or near a swimming pool around some other aquatic activity. Tragically, drowning is the leading cause of death for hildren between the ages of 1 through 4 years of age. See Drowning Leading Cause of Death in Children Ages 1 – 4.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20tiled%20bottom.jpgSummer is filled with adventures, vacations, swimming, and boating activities. It is a great time to spend with family and friends and to be active in the great weather. With great fun and adventure, there should also be the concepts of safety and supervision in mind especially when there are children participating in these activities. It should be noted that drowning is still a major casuse of death in children. While rates have been declining in recent years, drowning is still listed as the second leading cause of death in children between the ages of 1 to 18. Drowning deaths are limited to large bodies of water like oceans, rivers, and lakes. A child can also drown in a swimming pool, wading pool, portable pool, and even a bucket of water. As such, it is important for child care providers and parents to provide consistent supervision when children are in or near swimming, boating, and any place else there is a risk for drowning or personal injuries. The American Academy of Pediatrics provides the following as tips for child safety and drowning prevention:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgDuring summer months as well as other times of the year, children enrolled in schools, day camps, day care centers and summer camps often visit community pools, water parks, and other swimming areas. Some schools, summer camps, and day care centers even have their own swimming pools. While water, swimming, and aquatic activities can be a great source of fun for children, they can also present significant risk to a child. Of course, the drowning death of a child is a catastrophic and tragic event that certainly warrants at the pursuit of a legal case or claim and involves or should involve significant compensation. As a child injury attorney, I am often asked the following question: