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Each year, nationwide, more than 300 children under 5-years-old drown in residential swimming pools, usually a pool owned by their family. In addition, more than 2,000 children in that age group are treated in hospital emergency rooms for submersion injuries. According to the Minnesota Department of Health, drowning ranks as the second leading cause of unintentional injury death for children ages 1 to 14. The health department states 80 percent of victims are male, and the U.S. Centers for Disease Control and Prevention notes that for every youth who drowns, six others require hospitalization or emergency treatment for near-drownings and immersion injuries.
There are many causes of child drowning accidents. Some of the leading causes for child drowning accidents that result in serious injuries or death include, but are not limited to:
● Negligence of a child’s supervisor including lack of supervision
● Negligence of a lifeguard including lack of supervision, or improper training
● Negligence of a property owner
● Negligence of the manufacturer of a faulty pool safety fence
● Improper operating procedures
● Improper or defective safety equipment
● Diving board mishaps
● Failure to cover pools and spas
● Inadequate fencing
● Water too shallow
● Inadequate warning signs
● Failure to cover drains
Losing a child because of a swimming pool drowning accident can never be made right; however, you can hold those responsible accountable for their actions. Contact an experienced Minnesota child drowning accident attorney at Gaskins Bennett Birrell Schupp LLP to help you recover compensation for your child’s funeral and burial costs, as well as the pain and suffering your family has gone through because of this tragic loss. If you believe your child’s drowning accident was caused by the negligent actions of another party, you should contact our office today to speak with our drowning accident attorneys about your legal options. Call today at 866-397-4497 for a free legal consultation.
Even if your child survives a near-drowning experience, they risk suffering permanent brain damage because of prolonged lack of oxygen. This can result in costly medical treatments and permanent disability for your child. To ease the suffering and pain caused by the trauma of your child’s drowning accident, you may find it necessary to file a wrongful death lawsuit against the negligent individual, public facility, or safety device manufacturer. Through a wrongful death lawsuit you can seek financial restitution for your loss and prevent other children from suffering the same fate. The Minnesota drowning lawyers at Gaskins Bennett Birrell Schupp LLP have worked on many child injury cases, including wrongful death and traumatic brain injury claims from Minnesota child drowning accidents. Our experienced attorneys will listen to your case, explore all theories of liability, and aggressively pursue the full amount of compensation your family deserves.
Federal and state pool safety laws are in place to help reduce child drownings and pool injuries. However, these laws mostly only apply to public pools and not residential ones. Many communities have enacted their own safety regulations governing residential swimming pools both in-ground and above-ground. It is up to parents to comply with these regulations. Apart from these laws, parents who own pools can take their own precautions to reduce the chances of their children accessing the family pool or spa without adult supervision.
Two important federal and state laws in effect to eliminate and reduce child drownings include:
● The Virginia Graeme Baker Pool & Spa Safety Act – requires all public pools and spas to have equipment intended to prevent death or injury through entrapment, evisceration, or entanglement. In addition to installing drain covers, the operators of swimming pools with single drains may also be required to install devices to automatically cut-off suction in the drain when it becomes blocked. The law was named after Virginia Graeme Baker, the 7 year old granddaughter of former Secretary of State James Baker III, who drowned in a spa when she became trapped under water by the force of the suction created by the drain. The law went into effect on December 17, 2008.
● The Abigail Taylor Pool Safety Act – regulates the installation of anti-entrapment drain covers and other systems to ensure children or others cannot become trapped by pool drains and requires licensure and inspection of all public pools in the state. It expanded the definition of public pools to include those connected with apartment buildings and townhomes, some fitness centers and more. The law was passed by Minnesota Legislature and signed into law by Governor Tim Pawlenty on May 16, 2008.
The Minnesota child drowning accident attorneys at Gaskins Bennett Birrell Schupp LLP are aware of the specific Federal and Minnesota state pool safety laws applicable to these cases. In fact, the attorneys at Gaskins Bennett Birrell Schupp LLP represented the family of Abigail Taylor, and were a significant driving force behind the enactment of the Abigail Taylor Pool Safety Act. If your loved one has drowned in a swimming pool, call our office today at 866-397-4497 for a free legal consultation. Our attorneys know how to maximize financial recoveries for victims and survivors of swimming pool accidents, and we are experts to the unique issues in pool safety laws regarding drowning and near drowning cases. We serve Minneapolis, St. Paul, and the entire state of Minnesota.
