Federal safety officials are investigating the safety of pool and spa drain covers and whether the testing procedures used to determine the flow rating of these covers is adequate. The U.S. Consumer Product Safety Commission (CPSC) recently issued a consumer alert providing information about its investigation, which revealed that the testing protocols used by some of the labs that test these covers may have been improper. As a result, the covers could be defective and pose a serious pool or spa entrapment hazard to children and adults. CPSC is issuing subpoenas to three labs asking for information about the testing procedures and the results of such testing. A public hearing on the matter has been set for April 5.
Congress enacted the Virginia Graeme Baker Pool and Spa Safety Act in 2007, which requires all public pools and spas to install new anti-entrapment drain covers and other secondary devices or systems in order to be compliant with this law. Any new pool or spa constructed in homes since early 2009 should also have these new covers.
According to CPSC’s statistics, there were reports of 83 incidents of entrapment in the United States between the years 1998 and 2008. Of those, seven out of 11 fatalities occurred in residential pools or spas, as well as 38 out of 69 injuries. Nearly 75 percent of pool entrapment victims were 15 years old or younger. About 38 percent were between the ages of 5 and 9.
If you or a loved one has been injured as a result of these defective covers, the manufacturer of the cover could be held liable for your injuries and losses. The experienced Arizona defective product liability lawyers of the Breyer Law Offices P.C. work diligently to provide quality legal representation to our clients and help them obtain fair compensation. Call our law offices at 602-978-6400 for a no-cost consultation.
There are few better ways to stay cool in the hot Arizona sun then to go for a swim. Property owners add luxury and value to their property by adding a pool and appreciative visitors get to enjoy the pleasures of a good swim. Unfortunately, accidents can occur and serious injuries can result if the property owners do not take necessary precautions. Under Arizona law, property owners can be held civilly liable for swimming pool accidents that occur on their property.
If you are a homeowner in Arizona, it would be in your best interest to ensure your property is safe for visitors. There are a number of steps a pool owner can take to help reduce the chances of a tragic Arizona swimming pool accident. Families should have adequate fences installed around the swimming pool. The barrier should be at least 6 feet tall have a working lock. Remember, the barrier should not have any large openings. Children should not be allowed to swim without adult supervision. Even a momentary lapse in attention can result in a heartbreaking tragedy.
Injured victims of swimming pool accidents may pursue compensation for their injuries if the owner’s negligence contributed to the incident. The family of a child injured in an Arizona swimming pool accident may file a claim on the child’s behalf.
The Arizona swimming pool accident attorneys at Breyer Law Offices, P.C. have successfully represented individuals who have been seriously injured or have lost loved ones in swimming pool accidents. If you or a loved one has been the victim of a swimming pool accident in Arizona, please call us at 602-978-6400 for a free consultation. We will provide you with an honest and comprehensive evaluation and give you information about your legal rights and options.
As experienced Tucson personal injury lawyers, we understand that not every drowning or near drowning incident is the fault of another persona. Many times, the person who drowned may have been negligent, and responsible for the tragedy. In saying this, we wish not to put the blame on the victim but rather to point out that not every tragedy should result in a lawsuit.
There are, however, those cases where the law supports the victim and the victim’s family members. There are a number of common cases in which an Arizona lawyer with experience litigating personal injury and wrongful death cases can help after such a tragedy.
In the state of Arizona, one of the more common and preventable types of drowning involve children that go to neighborhood pools where often the lack of supervision or proper security lead to a tragic outcome.
Pools open to the public that lack a well-trained lifeguard, or any lifeguard in some cases, also lead to otherwise preventable tragedies.
Another common occurrence happens when people drink on boats and are then involved in accidents in which the lack of life jackets on the boat may lead to a drowning. In many of these types of boating accidents that lead to someone drowning, family members have the right to file a legal claim for damages.
Though a person may have a right to take legal action does not mean that it is in the best interest of every family. Very often families are torn as to what should be done after such a tragedy. It is often difficult for family members to even decide whether to consult with a lawyer. As experienced Arizona swimming pool accident attorneys, we feel that the family should at the very least sit down with a lawyer who can explain all their available legal options so that they can make an informed decision. We offer a no cost consultation for families that are in difficult situations after a tragedy, and will help advise on the best course of legal action in their particular case.
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 our Phoenix swimming pool accident lawyers. At Breyer Law Offices, we 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.
As a certified specialist in injury and wrongful death law by the State Bar of Arizona, I am very familiar with people who have suffered tragedy. Many of my clients suffered life changing tragedies, and I helped the families of those who have lost loved ones as a result of unexpected traumatic events. However, the constant string of pool drownings throughout the State of Arizona, from Flagstaff down to Phoenix down to Tucson and across the entire state, is overwhelming.
According to published reports, drowning is the number one cause of accidental death among children Age 1 to 4 years old. In fact, according to at least one study, other than motor vehicle accidents, the leading cause of accidental death in children from Ages 1 to 14 years old is drowning.
Sometimes, of course, these numbers mean very little to the individual family who suffers such a tragedy. And, realistically, filing a lawsuit or hiring a personal injury lawyer is the last thing on somebody’s mind at the moment they first learn of a drowning death or near drowning tragedy. However, many families begin to consider their options at some point thereafter. Many families seek to have some justice and hope to provide a deterrent so that other kids will not suffer the same fate. However, those families deserve honest answers to both the strengths or potential weaknesses of any such claim. Those people deserve a no cost evaluation with a skilled Phoenix child swimming accident lawyer to decide what options they have and what their time deadlines may be in pursuing such a case.
If you or anybody you know is trying to decide whether or not they want to pursue a claim or, in the alternative, have decided to pursue a claim but want to speak to an experienced and reputable Arizona personal injury lawyer, please feel free to contact us at Breyer Law Offices, P.C. You can count on honest, straight forward advice that will allow you to make an informed decision that is in the best interest of you and you entire family.
