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"Jackson & Wilson came highly recommended to us from a Superior Court Judge who is a good friend of ours.  We were pleased with both the high level of professionalism and the constant concern for our best interest.  We were always kept well informed of the status of our case.  We feel highly confident in referring Jackson & Wilson to others."

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-- Ms. Elaine A.  (Retired and active senior citizen)

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$5,000,000- Wrongful death and catastrophic injury

$3,347,000- Catastrophic injury and Insurance Bad Faith

$1,250,000- Wrongful death

$2,759,852- Catastrophic injury

$1,152,926- Malpractice

$1,000,000- Wrongful death

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Swimming Pool Accidents- Each year in the U.S., 300 children under age 5 die and 2,000 more children under age five visit hospital emergency rooms for submersion injuries

We were fortunate to grow up with swimming pools and truly appreciate how much fun they can be... especially on a hot summer day.  Having said this, we want our clients to know that swimming pools can be very dangerous and care must be taken to avoid injury and drowning.

Unfortunately, a drowning can quickly happen to anyone.  We’ve represented families who have lost young children to drowning in a backyard pool or Jacuzzi.  In another instance, we were privileged to represent a family who lost a wonderful 18 year old young son and brother.  He was in excellent shape and in the prime of his life.  He was so talented that he was on his way to college on a full track scholarship.  At the time of his death, the victim was swimming with friends and with lifeguards present.  This particular loss raised our awareness of just how quickly a drowning can take place!

Here are several facts provided by the U.S. Consumer Product Safety Commission (CPSC) in a comprehensive study of drowning and submersion incidents involving children under 5 years old in Arizona, California, and Florida. 

• Seventy-five percent of the submersion victims studied by CPSC were between 1 and 3 years old; 65 percent of this group were boys. Toddlers, in particular, often do something unexpected because their capabilities change daily. 
• At the time of the incidents, most victims were being supervised by one or both parents. Forty-six percent of the victims were last seen in the house; 23 percent were last seen in the yard or on the porch or patio; and 31 percent were in or around the pool before the accident. In all, 69 percent of the children were not expected to be at or in the pool, yet they were found in the water. 
• Submersion incidents involving children usually happen in familiar surroundings. Sixty-five percent of the incidents happened in a pool owned by the child's family and 33 percent of the incidents happened in a pool owned by friends or relatives. 
• Pool submersions involving children happen quickly. A child can drown in the time it takes to answer a phone. Seventy-seven percent of the victims had been missing from sight for 5 minutes or less. 
• Survival depends on rescuing the child quickly and restarting the breathing process, even while the child is still in the water. Seconds count in preventing death or brain damage. 
• Child drowning is a silent death. There's no splashing to alert anyone that the child is in trouble.

Here are steps you can take to avoid a swimming tragedy...

Watch All Swimmers-  Keep a close lookout while EVERYONE swims.

Use Barriers-  Please note that the following barrier recommendations are the result of identifying key parameters that typically contribute to child drowning in backyard pools. These recommendations are the minimum steps you can take to make your home a safe place for your child. Barriers are not childproof, but they provide layers of protection for a child who strays from supervision. Barriers can give parents additional time to locate a child before the unexpected becomes a reality.  Barriers include a fence or wall, door alarms for the house, and a power safety cover over the pool. Barriers also may be used to protect children from accessing hot tubs and spas. Use the following recommendations as a guide.

Fences and Gates-  Install a fence or other barrier, such as a wall, completely around the pool. If the house is part of the barrier, the doors leading from the house to the pool should be protected with an alarm or the pool should have a power safety cover. Alarm and cover details are below.

The fence or other barrier should be at least 4 feet high. It should have no foot or handholds that could help a young child to climb it.  Vertical fence slats should be less than 4 inches apart to prevent a child from squeezing through. 

When the release mechanism of the self-latching device is less than 54 inches from the bottom of the gate, the release mechanism for the gate should be at least 3 inches below the top of the gate on the side facing the pool. Placing the release mechanism at this height prevents a young child from reaching over the top of a gate and releasing the latch. Also, the gate and barrier should have no opening greater than 1/2 inch within 18 inches of the latch release mechanism. This prevents a young child from reaching through the gate and releasing the latch.

There are a wide variety of fencing construction materials available to compliment your house and pool surroundings. Your local fence company or pool enclosure company can provide you with information and assist you in making a selection.

The weak link in the strongest and highest fence is a gate that fails to close and latch completely. For a gate to close completely every time, it must be in proper working order.

Door Alarms- If the house forms one side of the barrier, then doors leading from the house to the pool should be protected with alarms that produce an audible sound when a door is unexpectedly opened.  Install an alarm that can be temporarily turned off by an adult for a single opening of the door by using a keypad or switch that is out of a child's reach.

Power Safety Covers- Power safety covers over the pool may be used as an alternative to door alarms. A power safety cover should meet the requirements of the ASTM pool cover standard which addresses labeling requirements and performance. ASTM requires that a cover withstand the weight of two adults and a child to allow a rescue should an individual fall onto the cover. The standard also requires quick removal of water from the cover. A young child can drown in just inches of water.

A power safety cover is a motor powered barrier that can be placed over the water area. Motor-driven covers easily open and close over the pool. When the power safety cover is properly in place over the pool, it provides a high level of safety for children under 5 years old by inhibiting their access to the water. 

Above Ground Pools- Steps and ladders leading from the ground to the pool should be secured and locked, or removed when the pool is not in use.

Rules For Pools-

• Instruct babysitters about potential pool hazards to young children and about the use of protective devices, such as door alarms and latches. Emphasize the need for constant supervision. 

• Never leave a child unsupervised near a pool. During social gatherings at or near a pool, appoint a "designated watcher" to protect young children from pool accidents. Adults may take turns being the "watcher." When adults become preoccupied, children are at risk. 
• If a child is missing, check the pool first. Seconds count in preventing death or disability. Go to the edge of the pool and scan the entire pool, bottom and surface, as well as the pool area. 
• Do not allow a young child in the pool without an adult. 
• Do not consider young children to be drown proof because they have had swimming lessons. Children must be watched closely while swimming. 
• Do not use flotation devices as a substitute for supervision. 
• Learn CPR (cardiopulmonary resuscitation). Babysitters and other caretakers, such as grandparents and older siblings, should also know CPR. 
• Keep rescue equipment by the pool. Be sure a telephone is poolside with emergency numbers posted nearby. 
• Remove toys from in and around the pool when it is not in use. Toys can attract young children to the pool. 
• Never prop open the gate to a pool barrier. 

Search Our Web Site (www.JacksonWilson.com) and Catastrophic Injury and Wrongful Death Blog  (www.JWInjuryBlog.com)
 

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