Summer’s Here! Will NJ Residents See More Water-Related Deaths?
- Dan T. Matrafajlo
- Tue Jul 2019
Last year by this time, over thirty people succumbed to water-related deaths. While many occurred in open waters, some related to swimming pool accidents. There’s no evidence that the trend will continue through the Summer of 2019.
Some feel the tragedies could be avoided. In that regard, the New Jersey State Legislature is considering a bill that would require school districts to provide water safety instruction as part of the curriculum for physical education.
No doubt the fact that victims can’t swim represents part of the problem. However, other factors also contribute to water-related deaths. Often, victims of swimming pool accidents won’t benefit from classes in school. For children under the age of 4, drowning represents the most prominent cause of unintentional death.
You may wonder about seeing an attorney for a swimming accident of any kind. How can you hold someone else responsible when a loved one dies under these types of circumstances?
In the first place, you should know that most cities place special ordinances in place to avoid the risk of swimming pool accidents. If a property owner fails to abide them, you may be able to pursue a premises liability claim.
Taking Steps Against Water-Related Deaths
Like many other municipalities, the City of Elizabeth’s ordinances address issues regarding private swimming pools. For example, property owners must ensure fences protect others from entering unattended pool areas. Meanwhile, ladders and steps should also be removed to prevent children with easy access to the water.
In the meantime, drowning accidents also occur at public or private swim clubs. Unfortunately, the fact that a lifeguard should be on duty doesn’t always mean proper safety concerns. Just as distraction represents a concern when driving, it poses the same risk in swimming pool accidents.
When it comes to water-related deaths outside private homes, it’s necessary to prove the property owner owed the decedent a duty of care and that they breached that duty. Of course, the next step includes proof that the negligence was a substantial factor in the drowning accident.
Other Types of Swimming Pool Accidents
Fortunately, not all swimming pool accidents result in death. Maintenance of the surrounding areas proves critical when it comes to any type of recreational activity. Like regular sidewalks, the pavement around pool areas requires particular attention.
Diving accidents may occur because pools depths are not marked or improperly marked. Injuries from these types of incidents often result in severe injuries such as:
- Traumatic brain injury
- Bone fractures
- Spinal cord injuries (some leading to paralysis)
According to one medical study, ninety percent of diving accidents affected the cervical spine. The majority of the victims are male.
Water-related deaths and injuries represent a great source of concern. If you or a loved one needs help with a swimming related accident, the Law Offices of Beninato & Matrafajlo can help you. Contact us to learn more.