Wednesday, July 18, 2007

Pool Accidents involving Children

In the United States mortality statistics, after vehicle accidents, shows that pool drowning is the second leading cause of death for children under the age of five. Hundreds of children die every year due to pool drowning.

It is no surprise, however, why children drown easily in pools. It only takes a few minutes for a child to drown in a pool when nobody is looking. Furthermore, when a child drowns, no splashing or thrashing occurs that could easily alert adults in the area. Most parents whose children died of pool drowning thought at first that their child is missing and only much later do they realize that the child drowned in the pool.

There are many factors and liabilities involved in a child's pool drowning accident. More often than not, the owner or manager of the place where the pool is located or situated can be charged with premise liability.

Laws are applied mandating pool owners to install security and protective measures, which would make certain that no children, can enter the pool area without adult supervision or control.

Unfortunately, not all pool owners are diligent enough with this responsibility. Many children drown in unattended pools. Either the door leading to the pool area was negligently left open or that the latch or lock was broken making it accessible for children to go inside and play in the pool area.

If a beloved child of yours has been a victim of drowning in somebody else's pool, you can file wrongful death claims against the owner of the pool. You can claim economic damages that would cover the actual medical and burial costs and non-economic damages for the pain and suffering of losing one's beloved child.

The law imposes a more strict responsibility to pool owners due to the dangerous possibility present at every pool area. If somebody is injured or dies in a drowning accident, there is always a presumption that the owner had been remiss in his or her duty to make sure that everybody is safe from the possibilities that may harm a child in a pool area.