Swimming can be a great way to cool down and relax on a hot summer day. However, pool accidents can also lead to serious physical injuries and accidental drowning deaths. When pool products are defective or misleadingly labeled, or when lifeguards do not pay attention to the swimmers they are supposed to protect, the results to the victims can be devastating. If you were injured while swimming, or if a loved one passed away in a drowning accident, you may be able to collect compensation for your suffering and losses.
At Sullivan & Galleshaw, our dedicated legal team is equipped with more than 16 years of experience representing injury survivors and the families of wrongful death victims. To set up a free and confidential legal consultation with our New York swimming pool accident attorneys, call us today at (718) 843-0300.
Submersion Accidents and Fatal Drowning: Risk Factors and Brain Injuries
Sadly, drowning is a very widespread problem in New York and throughout the United States. The CDC reports that accidental drowning incidents account for approximately 10 deaths every day, with more than 3,500 drownings reported from 2005 to 2009 alone. Certain segments of the population are at a particularly high risk. For example:
- Nearly four in five drowning victims are male.
- Children aged one to four have a higher drowning rate than any other demographic.
- In particular, the accidental drowning rate among African-American children aged 11 to 12 years is a shocking 10 times higher than the rate among Caucasian children in the same age group.
Unfortunately, even in cases where victims do survive, near-drownings can still cause serious lingering health problems. According to CDC figures, more than half of all submersion injury survivors must be admitted to hospitals for treatment, compared to only 6% of other accidental injuries. If a victim is submerged for a long period of time, the brain can be permanently damaged by sustained oxygen deprivation. In turn, this sort of serious brain damage can lead to issues such as:
- Intellectual and learning disabilities.
- Reduced motor function, ability to balance, and depth perception.
- Lost or limited ability to verbally communicate, solve problems, retain information, or form memories.
- Changes to personality and emotional effects such as irritability, anxiety, and depression. In severe cases, the victim may experience PTSD (Post-Traumatic Stress Disorder) caused by the incident.
These medical issues can have negative physical, emotional, and financial effects on the victim, often for the remainder of his or her life. For example, if a near-drowning causes brain damage which results in intellectual disability, the victim may be simultaneously confronted with the loss of their job and income and enormous medical bills. Survivors may need to hire a caregiver, undergo costly surgeries, modify their homes, participate in physical therapy, switch careers, and/or apply for disability, depending on the extent of the injury.
Liability and Compensation for Swimming Pool Accidents
Drowning or near-drowning incidents can occur in private or commercial settings. If an injury occurs in a private setting, such as a backyard pool, the cause may be related to manufacturer negligence or a defective product. Examples of defective products might include:
- Life Vests
- Drains and Suction
- Diving Boards
- Cleaning Devices
- Handrails
- Safety Fences
In simple terms, negligence means the defendant breached his or her duty of care to the plaintiff, resulting in an otherwise avoidable death or serious injury. For example, if a life jacket is defective, or if a potentially dangerous product does not feature prominent, unambiguous warnings, the manufacturer may be responsible and therefore financially liable.
In addition to defective, broken, or damaged products, lifeguard negligence is another serious concern in commercial settings. For example, negligence may be to blame for an accident if lifeguards are inattentive or under-trained, or if a facility simply fails to employ enough lifeguards to watch over its patrons. Negligence may also be an issue if a facility fails to post depth markers, fails to keep the needed safety gear on hand, or fails to maintain the pool, such as leaving broken glass on the pool floor.
At Sullivan & Galleshaw, we regularly represent plaintiffs against:
- Hotels and Motels
- Public Pools
- Spas and Resorts
- Cruise Liners
- Amusement Parks and Water Parks
To arrange for a free and private case evaluation, call the New York swimming pool accident lawyers of Sullivan & Galleshaw at (718) 843-0300 right away. Let’s start discussing your family’s legal options.