Arizona Accident Lawyer Blog

As Arizona attorneys who have received many calls about swimming accidents, we want to remind everyone that although it is winter time, pool accidents still do happen and we all need to be careful of dangerous injuries and fatal accidents that happen around pools. In some cases, children are injured because the swimming pool owner does not properly cover or enclose his or her pool with a fence. In other instances, children are injured when the person in charge of watching them does not keep a close enough eye on them to prevent them from falling into the pool. However, drowning incidents can happen to adults too when pools are improperly maintained, such as when the cover is only partially removed and the adult gets trapped underneath.

Arizona Swimming Accident Law

Under Arizona attractive nuisance law, even if property owners post no trespassing signs, they can be held liable for accidents that happen on their properties. This includes children who can’t read no-trespassing signs being attracted to something on the property like ponds, lakes, rivers, irrigation ditches, or swimming pools. When the child attempts to swim in these bodies of water, the property owner may be responsible for any swimming pool injuries that occur.

Tips to Avoid Arizona Swimming Accidents

While there are some ways to avoid Arizona swimming accidents, we also know that not all incidents can be prevented. Make sure to pay attention at all times to children in the pool. Protect your pool with a cover and a fence when it is not in use, and make sure children don’t have access to the key to unlock the gate and get inside. Property owners have a responsibility to protect children from attractive nuisances by taking reasonable care to cover or fence off hazards like pools.

Arizona Swimming Accident Statistics

According to ChildrenSafetyZone.com, 30 Arizona swimming accidents occurred in 2011, which caused 16 deaths. Pima County reported the most accidents at 17 and the most deaths at six, including three pediatrics, one child, and two adults. Most other counties reported solely child deaths.

Contact an Arizona Swimming Accident Lawyer

An experienced Arizona swimming pool accident lawyer is necessary when seeking compensation for such accidents. Many times, it is necessary to interview witnesses and investigate the scene of the accident. The Husband and Wife Law Team has handled swimming accident cases before and understands these types of cases need to be handled carefully and require experienced injury lawyers. For a free consultation on your case, call today.

One of the leading causes of death among infants and young children is drowning. US Consumer Product Safety Commission found out that a child drowns every five days in a children’s pool during summer months. Statistics show that the risk of injury or death in children under the age of 5 increases from 81% to 94% in the summer.

AZCentral reports that there was a 4-year-old Tucson boy that was found at the bottom of the pool. The child got into a closed pool at an apartment complex Sunday at around 5 in the afternoon, and was found at the bottom of the pool, stated by the Tucson fire spokesperson. They performed CPR until the paramedics arrived however he died in the short period of time. It has been reported that the pool has a “closed” sign on pool gate and it was locked, they are wondering how the child got in.

If you have a swimming pool or take your child to one on another property, it is important to be aware of swimming pool liability issues in Arizona. It has been suggested that in order to keep the your child safe around the pool it is important to have adult supervision, proper fencing and have self-locking gates which children cannot pen or climb, and make sure that portable pools are drained and stored after use. It is still important to stay with the child at all times.

If your child has drowned or nearly drowned in an Arizona swimming pool, call our Tuscon child drowning accident attorneys for a free consultation at (602) 457-6222, we may be able to help you.

Drowning is one of the leading causes of death in children. The CDC says that every day, three children die as a result of drowning. It is the leading cause of injury or death in children aged 1-4 years old. Perhaps this is because when families go to the beach or the pool, injuries are not the first things that come to mind.

In Queen Creek, Arizona, a 2-year-old boy was found nearly drowning in just about 9 inches of water in a kiddie pool (KPHO 5/2/2011). Officials say that the mother and her children were playing in the front yard. When they went inside, they realized that the youngest wasn’t with them. They found the child in the kiddie pool. He was then airlifted to the hospital, in extremely critical condition.

Parents and relatives who have children in the house should be aware of safety measures against drowning. Children should have ample supervision when near a pool or any body of water. Apart from drowning, accidents like slipping and falling might happen. Parents could also install a fence with self-closing and self-latching gates around backyard pools to help keep the children away when the parents cannot supervise them. Kids should wear life jackets in and around beaches or lakes, even if they know how to swim. It would help if the parents know how to perform CPR, this skill comes in handy, just in case. And of course, the golden rule of parenthood is to always supervise children at all times.

If you know someone or a loved one who has been involved in an accidental or non-accidental drowning, call our Arizona child swimming pool accident lawyers for a free consultation at (480) 753-4534. We may be able to help.

As parents and child injury attorneys, we care deeply for the safety of our children. In 2007, there were 3,443 fatal drowning accidents, an average of 10 deaths a day (Center for Disease Control and Prevention 6/7/10). Luckily for one Goodyear family, their son was saved from a fatal drowning accident thanks to the quick actions of a few lifeguards.

On Wednesday night, a 12 year old boy was swimming with his friends in the YMCA pool when one of his friends noticed he was unconscious (AZ Republic via AZ Central 9/30/10). A bystander and a lifeguard got the boy out of the water and the lifeguard performed CPR and other safety procedures. Shortly after, he regained consciousness and started talking again. He was taken to the hospital as a precaution. A Goodyear fire spokesman reminds everyone to never hesitate to call 911 emergency services in an event such as this, even if the victim seems to have recovered. It can’t be known if there are other injuries to the heart or brain without a full examination by a doctor.

It is in stories such as this that we are reminded how important it is for parents and others to be trained in how to administer CPR. CPR saved this boy’s life. Drowning is a real threat for children, causing almost 30% of deaths of children aged 1 to 4 years old in 2007 and remaining the second leading cause of death for all children ages 1 to 14 years old (CDC 6/7/10). If you are interested in becoming CPR certified to protect your family members and friends, you can find more information about classes by calling the American Heart Association at (877) 242-4277.

Continue reading "Near-Fatal Drowning Accident for 12 year old Boy" »

As parents ourselves, a recent story by AZ Central out of San Tan Valley deeply saddened us. A 3-yr old boy drowned in a backyard pool while his family swam and talked nearby. This is an all-too tragic reminder to parents that you can not take your eyes off your child for even a minute. Most tragedies with little children seem to happen with loving families and too often they are when festivities are occurring. Many people can be judgmental about parents in these situations and we urge everyone not to judge the actions of parents.

Most children love the water and may be overconfident in their swimming abilities. Parents must always be careful not to discourage the child but keep a quiet eye nearby should something happen.

To prevent a swimming accident, it is best to try to get your kids to swim at as young age as possible. We advise enrolling your children in basic swimming classes to teach survival skills in the water. Even if a child has completed one of these courses, it is important to still keep watch, as a child may fatigue quickly, creating a dangerous situation. Provide adequate safety floats and always check to make sure they are appropriately inflated to remain effective.

As this sad story has shown us, even though all precautions may be taken, accidents may still happen. Safety floats, pool alarms, and gates sometimes fail, sometimes leading to very unfortunate situations.

Continue reading "Swimming Safety Precautions - Children Must Be Watched At All Times Around Pools and Other Water Areas" »

Arizona is the number two state in the country with the highest rate of child drowning incidents, second only to Florida, according to an article on Explorer.com. A study conducted by Safe Kids USA found that drowning was the second leading cause of accidental death in children ages 1 to 4 and ten to fourteen years of age. Drowning was the third leading cause of death for children under a year old.

About half of all drowning incidents, both fatal and non-fatal, occur in a home pool. Other places include spas, rivers, buckets and canals. Statistics show that about 10% of the kids who survive this kind of incident will have permanent brain damage. The severity of the damage will depend on how long the child was submerged under water, but in many cases, the damage can be substantial and include loss of motor function.

Typically, June through August are Arizona’s problem months with more incidents occurring during the summertime. Parents are urged to take CPR classes in case a Phoenix pool-related accident occurs and to take refresher courses each year. Additionally, keeping a strong eye on children when they’re playing and blocking access to the water with fences and child-proof locks could prevent a fatal drowning accident in Arizona.

The Phoenix personal injury attorneys at the Breyer Law Offices understand how traumatic and overwhelming a drowning accident can be, especially if it results in permanent brain damage or death. As parents ourselves, we recognize the importance of protecting our kids. Drowning accidents are preventable and if your child suffered serious or fatal injuries due to someone else’s negligence, our attorneys can help you understand your legal rights and seek compensation. While no amount of money can take back what happened, compensation can help lighten the financial burden of medical bills, pain and suffering and funeral costs in the event of a death. To schedule a free consultation with a Breyer Law Offices attorney, call (602) 978-6400.

The U.S. Consumer Product Safety Commission (CPSC) has partnered with Safe Kids USA and the National Drowning Prevention Alliance to create a program that will help educate children and parents on pool safety. More than 210 reports of child drownings and non-fatal submersions have been reported in pools and spas across the nation since Memorial Day of this year. “Just one incident [of drowning] is one too many,” said Inez M. Tenenbaum, Chairman of the CPSC.

The new Pool Safely education campaign is geared towards children seven years and under and utilizes videos and online tools such as games to teach safety while swimming. There are seven simple steps that parents can review with their child that could lessen the likelihood of a drowning or other pool related injury. These steps include swimming lessons, installing pool drain covers and proper fencing, as well as other preventative measures.

Phoenix child drowning accidents and pool related injuries are highly preventable. With the help of the Pool Safely program, the CSPC looks forward to educating parents and children on the importance of safety in the water so that more tragic child drowning accidents don’t occur.

The Phoenix child drowning accident attorneys at Breyer Law Offices, P.C. understand the importance of educating children on pool safety. If your child has been injured while swimming in a pool or spa, it’s critical that you consult with an experienced attorney to understand your rights and hold parties responsible should your child’s injuries be the result of negligence. Our Arizona swimming pool accident lawyers will give you honest answers to all your questions so that you can make the best possible decision for you and your child. Contact us today for a free consultation.

Those who own pools, or operate public ones, must follow certain laws, codes and regulations as set forth by the State of Arizona. However, sometimes these laws aren’t followed and the results can be tragic.

When accidents do happen, it’s always easier to blame the victim. But what happens when that victim is a child?

Many people seem to think that a drowning accident lawsuit will accomplish nothing after the fact, and that everyone should just move on. But we think that’s highly questionable. First of all, the victim’s family deserves compensation for their loss. In addition, the negligent party must be held accountable for their actions. And thirdly, shining the spotlight on pool safety is an important public service.

If a loved one has been killed in a drowning accident due to someone else’s negligence, please don’t hesitate to contact us. At Breyer Law Offices, our Phoenix swimming pool accident lawyers welcome your call – whether you know you want to bring a suit against the negligent party, or you’re simply looking for answers surrounding a possible drowning accident case. We can give you the information and advice you need, so you can make the best decision for you and your family.

People blame children too quickly when they do what children normally would do. As experienced Phoenix drowning child accident lawyers, we constantly fight against this sort of blaming the victim mentality when it comes to children and drowning. Children are curious and will wander. We feel, as do most people, that children should be supervised at all times, especially if there is a chance they could access a pool, pond, or other water feature. Sometimes negligent supervision may lead to a drowning, but to put the blame on the child is not acceptable.

When a small child that is too young to swim drowns in a swimming pool, it could be one of those accidents that just happens. Yet many times the tragedy results because of improper supervision. Other times, the problem is not supervision but the fact that the pool lacks safeguards to keep people out of the pool area. When such tragedies occur, it is often very difficult for the families to even consider a lawsuit.

There are often times when a lawsuit could be successful and appropriate from a legal standpoint, but it may not be in the best interests of the family, who are just dealing with the tragedy and rarely have the time or motivation to think of such things as wrongful death lawsuits. Yet time is of the essence in such cases, as there is a statute of limitations in drowning cases.

Continue reading "Personal Injury Attorneys in Phoenix, Arizona Discuss Drowning Accidents" »

I am very familiar with people who suffer tragedy as certified specialist by the State Bar of Arizona in wrongful death and personal injury litigation. Many of our clients suffer tragedies that change their lives or who have lost loved ones through unanticipated traumatic occurrences. Yet the number of drownings that occur in Flagstaff, Tucson, Phoenix, and throughout Arizona is simply overwhelming.

Published reports tell a chilling story, stating that drowning is the number one cause of death for children between the ages of one to four years of age. Another study states that, other than deaths in motor vehicle accidents, drowning is also the leading cause of death for children aged one to fourteen.

These numbers mean nothing to the family that is trying to cope with a drowning tragedy. In most cases, filing a lawsuit or hiring Arizona swimming pool accident attorneys is one of the last things that occurs to families when they first learn that a family member has drowned or nearly drowned. At some point, however, families begin to consider their legal options.

Continue reading "Swimming Pool Drowning Tragedy Accidents in Phoenix" »

Too many people are quick to blame children in cases where a child wanders into a pool and drowns. Why people are surprised that kids wander is beyond us. But as Flagstaff, Arizona personal injury attorneys, we see this attitude time again.

Perhaps an adult should have kept a better eye on the child; or perhaps the pool owner should have done a better job of ensuring the pool was safe. However, it is unnecessary to blame the child when these kinds of accidents do occur.

In cases of drowning accidents, it can be overwhelming for the family to determine whether or not to file a personal injury lawsuit. The fact of the matter is that a lawsuit isn’t going to undo the tragedy and it may not be an appropriate choice for every family.

Continue reading "Flagstaff Personal Injury Attorneys Provide Information on Drowning Accidents" »

In Maricopa County and throughout the State of Arizona, the most common kind of drowning accident involves children in neighborhood swimming pools. In many of these cases, the tragedy was caused by a lack of proper security measures or supervision. At public pools, drowning accidents can occur when there is no lifeguard or an ill-trained lifeguard on duty. We also see drownings happen on our waterways in boating accidents. Either there was drinking or unwise behavior involved, or no life vests on the boat. What’s most unfortunate about these drowning accidents is that they are wholly preventable.

When these accidents do occur, the victim’s family may have the right to file a wrongful death claim against the negligent party. Just because that right exists, though, does not mean that it is the best decision for every family. The best advice we can give to families in the midst of such a situation is to consult with a wrongful death lawyer in Maricopa County who has experience with drowning accidents.

Continue reading "Should I Hire a Maricopa County Drowning Accident Attorney?" »

Those who operate public pools, and those who own pools, have certain safety regulations, codes, and laws they are required to follow for the safety of others. When these laws are not followed, and people drown – tragically and far too often children – there is an accountability that must be faced up to by the negligent party.

Certainly, it is easiest to simply blame the victim of drowning. But when a victim is child, can the child really be blamed? Also, many will raise the point that a lawsuit after a drowning accident will accomplish nothing. Well, that is highly questionable. First, if the lawsuit can serve as a deterrent to others and prevent them from negligently operating their pools, that in and of itself can save lives.

The publicity that comes from drowning verdicts can further be a deterrent and a reminder to pool operators and that can save lives. Moreover, for the family that has been torn apart by a drowning tragedy, having some measure of justice may accomplish something very real to allow that family to move on in whatever different way it is going to be able to move forward. Certainly nothing can undo the horrendous tragedy, but some justice may be of some well-deserved consolation to the surviving family members.

If you or anybody you know has questions about the legal process involved after a drowning or near drowning incident, please do not hesitate to give us a call at Breyer Law Offices, P.C. Our Arizona swimming pool accident attorneys will be happy to provide you the answers that you need so that you can decide whether it is, or is not, in the best interest of the family to move forward with litigation. However, you deserve honest answers before making that decision.