Articles Posted in Drowning Accidents

Massachusetts state law is what controls the aspects of a wrongful death lawsuit that deals with who has the right to file the lawsuit in court. Typically, only Who Can File A Wrongful Death Lawsuit in Massachusetts New Bedfordimmediate family members of the victim have standing to sue the person or entity that caused the death. But the definition of immediate family is something a court may have to decide in today’s more flexible familial standards.

For the most part, it is simple to determine the immediate family that will seek such a claim. These would be a spouse, including domestic partners, and children of the deceased.

A partner who is not married or registered domestic partner, may have to file a special request to the court to get permission to file a wrongful death lawsuit. The same special permission may be required for step children or parents. If you fall within one of these classifications, the other side will challenge your right to collect in a wrongful death lawsuit. This is why it is important to hire experienced Massachusetts personal injury attorneys for your case.

This evening, a 3-year-old Woburn boy was submerged underwater in a swimming pool and lost his life. Woburn law enforcement officials were dispatched to the boy’s home on Marlbourough Road close to 5:00 p.m. in response to a 911 report about a child that could not be located. Woburn Boy Drowns

When the officers arrived at the home, they learned the boy had been missing for over an hour. When the police entered the property, the boy’s body was located in the swimming pool behind the house. There was nothing on top of the pool, and it contained foliage but was not full to the top with water.

The toddler was not conscious when retrieved from the pool. He was immediately transported to Burlington’s Lahey Hospital where he was officially declared dead at 9 p.m due to drowning.

According to the Massachusetts State Police and Middlesex District Attorney’s Office, the boy was likely in the pool for quite some time. Due to the toddler’s age, his identity will remain private. There is an ongoing investigation.

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In Taylor v. Trimble, a case from the California Court of Appeal, plaintiff’s five-year-old son drowned in a horrific swimming pool accident. After the death of his son, he filed a complaint arguing general negligence against the defendant for failing to adequately supervise the child.

pool accidentsAccording to court records, on the date of the incident, the homeowner defendants had a social gathering that the decedent child attended with his mother. Neither the child nor the mother knew how to swim. After the child first arrived and went into the shallow end of the pool, which they named the kiddie wading area, defendant watched the child play. She watched him until the child’s grandfather arrived.  He was a captain for the Los Angeles Fire Department and said he would take over the duty of watching child while he was in the pool. Continue reading

While summer is a great time for swimming, pools can also be very dangerous places. A young child could drown in a pool very quickly and drowning doesn’t always look like what we might expect. Children could be hurt at a hotel swimming pool or a water park, or could drown when they wander into a neighbor’s yard who has a pool. There are myriad different situations in which a young child could face a grave risk of injury when it comes to the presence of a swimming pool and when a child does get hurt, it is important to determine who is to blame for the harm the child experienced. injury lawyer

A Boston injury lawyer can provide representation to individuals and families harmed in swimming pool accidents. It is not just children who could suffer injury in a pool. Adults could drown or be hurt too. Anyone who is injured should talk with an attorney about his or her rights and to find out who can be held accountable for compensating the victim or the family of the victim if the pool accident is fatal.

Who is Responsible for Swimming Pool Accidents?

According to a recent news feature from Boston.com, a man at Plymouth Beach died in a drowning accident while he was swimming at the beach.  Authorities said he was swimming very early in the morning, as they received the initial 911 call just after 2 a.m.

surgeonsAfter receiving the 911 call, first responders arrived on the scene and met the caller, who said they were not been able to locate their friend who went into the water. At this point, they began searching for the man and by 20 minutes after 3 a.m., first responders had located the drowning victim.  When they finally found the man, he was lying prone in about eight feet of water.  Continue reading

With the weather getting a lot warmer and the days getting longer, more people will be taking to the outdoors for all kinds of fun activities.  Kayaking has become a popular pastime across the nation, including here in the Commonwealth.

kayaks-1533377According to a recent news feature from the Press Herald, rescue workers have just recovered the body of a 14-year-old boy from a river in the New England area.  Authorities say the young victim was riding in a two-person kayak when it capsized.  The other person in the kayak was a friend who was wearing a life jacket at the time of the deadly accident.  The victim was not wearing one, which likely contributed to him drowning. Continue reading

According to a recent news article from CBS, the son-in-law of the famous reverend Billy Graham died in a tragic incident in a pool owned by the family. Family members say Danny Lotz, the 78-year-old victim, was swimming in the family pool when his heart stopped.

mtJBN8KHis wife Ann, Rev. Graham’s daughter, found her husband floating facedown in the water and immediately dialed 911. During the 911 call, victim’s wife said “He’s in the water. He’s huge. I can’t get him out. I’m just trying to hold his head above water.” Unfortunately, she was unable to get her husband out of the water. Continue reading

Tough Mudder is an internationally known fitness competition that requires participants to climb walls and ropes, run, and crawl, and complete various obstacles while soaked in mud. The company grossed almost $100 million last year and continues to grow in popularity among participants and supporters. A mother has filed a wrongful death lawsuit against Tough Mudder and Airsquid Ventures, a company responsible for water safety at the event. The lawsuit was filed by a Boston firm, charging both companies with gross negligence that resulted in the death of a participant.
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Obstacle courses, marathons, and other fitness events require reasonable care and precautions by hosting companies or organizations. In this case, Tough Mudder, was responsible for ensuring the safety of participants. In the event that a participant is injured or doesn’t get appropriate medical treatment, hosting organizations may be held accountable. Our Boston personal injury attorneys are experienced in complex personal injury and wrongful death cases. We are committed to protecting the rights of victims and their loved ones in the event of a personal injury or accidental death.
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Infants, toddlers and young children need to be supervised when playing around virtually all bodies of water, whether it is a bathtub, a toilet, a swimming pool, the ocean or even a small Koi fish pond.
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According to CBS Boston, a 10-month-old died after drowning in Littleton. The infant died after drowning in a Koi fish pond on the family’s property. Emergency response teams found him in their Koi fish pond at their home on Harvard Road. He was already unresponsive when they found him.

Firefighters arrived at the scene and pulled him from the pond. He was transported to Emerson Hospital and then later taken to Massachusetts General Hospital. He was first listed in serious condition for quite some time. According to officials with the Middlesex district attorney’s office, the toddler died just a few days after, reports ABC 40.

According to the boy’s neighbors, the family is new to the area and had not installed the Koi fish pond. It was left behind by the previous homeowners. It’s about two feet deep and about four feet wide. Unfortunately, it was large enough to cause some serious injuries to the toddler.

According to accident reports, there were a number of kid toys lying near the pond when officials arrived.

The accident is being investigated by the Middlesex County District Attorney’s office.

Swimming pools aren’t the only areas where infants are at risks for drowning accidents. They’re also at serious risks around lakes, ponds, beaches, bathtubs and other bodies of water. Every year, about 1,000 kids are killed in drowning accidents.

It’s important to make sure that you secure all lakes, ponds and swimming pools when you have a young child present. It’s a good idea for you to take a CPR course specialized in helping infants and toddlers. Avoid keeping toys near any ponds or lakes near your home. You also want to make sure that children are always supervised when they’re around these bodies of water. Consider enrolling your child into a swim course to help them to get a head start.

You even need to keep an eye on the bathtub. You might not think about it, but these are common places for drowning accidents to happen.

Bathtub Safety Tips:

-Cover the surface of the tub with a suctioned mat to help to reduce the risks of slipping.

-Fill the tub with no more than 4 inches of water.

-Never leave a child unattended while they’re in the bathtub.

-Put a soft cover on the faucet so they don’t get hurt in the event of a fall.

-Make sure water temps are appropriate for their young bodies.

-Don’t allow newly potty trained children to use the restroom without supervision.

-Never allow water to get hotter than 120 degrees. Any hotter can cause scaling injuries.

-Never allow children to drink the water.

-Keep toilet lids down and bathroom doors closed at all times.
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Nearly 20 state pools were closed for review after a 36-year-old resident drowned in the Fall River Veteran’s Memorial Swimming Pool. The Massachusetts drowning accident wasn’t discovered until two days after it happened.

Residents are now being let back into these pools. They were temporarily shut down after that fatal safety lapse in Fall River. All pools had to pass precautionary inspections.
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A number of agencies were on the case, conducting investigations into the deadly accident. The state Department of Conservation and Recreation started its review of the facility after receiving permission from the Bristol district attorney’s office and police.

Our Boston pool accident attorneys know that many residents and visitors jump into these pools during this time of year because the summer months provide such beautiful outdoor weather.

“We started our own investigation, having been given the green light by the DA last night to do so,” Edward M. Lambert Jr., the Department of Conservation and Recreation commissioner, said yesterday. “The team has been tasked with getting the facts around this disturbing incident.”

According to the Centers for Disease Control and Prevention, approximately 10 people die every day from unintentional drownings. Two of these 10 deaths occur to children under the age of 15. As a matter of fact, drowning is the second leading cause of death for children in this age group. Drowning is the sixth leasing cause of unintentional injury death for people of all ages.

In 2007 alone, there were nearly 3,500 deaths resulting from unintentional drownings in the United States. These figures do not include boating-related drownings. One-fifth of every drowning victim is a young child under the age of 15. For every one of these child deaths, four more are sent to emergency rooms for nonfatal submersion injuries.

More than half of all people who experience a drowning incident are treated in emergency departments and are required to stay in the hospital or are transferred to higher levels of care. These nonfatal drownings can cause brain damage. Oftentimes these injuries result in long-term disabilities including memory problems, learning disabilities and permanent loss of basic functioning.

To help prevent water-related injuries:

-Supervise all children when around water. Remain close enough to reach children at all times. Prohibit adults from being involved in any other distracting activity while supervising children.

-Swim with the buddy system. Never swim alone. Swim in areas that have lifeguards whenever possible.

-Learn to Swim. Formal swimming lessons can help to protect people from drowning.

-Learn cardiopulmonary resuscitation (CPR). CPR can help to save someone’s life in the time it might take for paramedics to arrive.

-Don’t use air-filled or foam toys. These toys should not be used in place of life jackets or personal flotation devices. They’re not designed to keep swimmers safe.

-Don’t drink and swim. Don’t drink while supervising swimming children either.
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