April 17, 2012

As Summer Approaches, Our Chicago Personal Injury Lawyers Encourage Swimming Pool Safety.

With Memorial Day weekend just around the corner, our Chicago personal injury lawyers want to remind people to be especially careful when preparing for summer months and swimming pool openings.

Swimming pools are a wonderful diversion in Illinois during the warmer months; however, if pools are not operated, secured, or maintained properly, serious injuries can occur.

In fact, our Chicago swimming pool accident attorneys were devastated to read that earlier this month, a nine year-old second grade girl with special needs drowned after she fell into the pool in the back yard of her family’s home. Because of her disability, she was unable to swim but was fascinated by the water. The girl’s mother found her body in the in-ground pool; though she was rushed to the hospital, it was too late to save her.

Although this particular incident appears to be a tragic accident, as a general rule, under Illinois law swimming pool owners are responsible for maintaining the condition of the pool, and securing its surroundings. If the pool owners fail to do that and an injury occurs, they may be held legally liable for damages arising from those injuries.

Illinois land owner liability, otherwise known as Illinois premises liability law, is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the swimming pool. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; as it applies here, the landowner has a duty to maintain the pool and surrounding area.

An Illinois premises liability lawsuit may be filed if the swimming pool operator did not follow regulations and perform his or her duties under the law. Additionally, in cases where a defective swimming pool drain entraps a swimmer or causes disembowelment, the victim or family of the victim may file a Chicago products liability lawsuit for past and future medical costs.

There are a number of circumstances that may lead to serious injury or even death in a swimming pool accident. That is why it important to discuss your potential case with a lawyer who can determine if someone else’s negligence caused your pool-related injury or the wrongful death of a loved one.

Our Illinois swimming pool accident lawyers encourage everyone who spends time near the water this summer to be aware of the safety risks. Both children and adults can be harmed in devastating accidents, though children in particular are often unaware of the latent dangers that swimming pools may pose. With understanding, planning, and proper preparation, families can ensure that their loved ones enjoy the water while remaining safe.

March 2, 2012

Toddler, Juan Cardenas, Drowns While Under the Care of Unlicensed Day Care Run by Church

It should go without saying that those who run day-care centers must be particularly vigilant about their conduct to ensure that the children in their care remain safe. Unfortunately, the injury attorneys at our firm understand that this basic standard is often not met. As a result, children continue to be severely hurt—and even killed—by accidents that should have been prevented.

For example, the Journal Gazette reported last on a tragic drowning death involving a one-year old boy. According to the story, the toddler, Juan Cardenas, was at a day care center run by the Praise Fellowship Assembly of God when the accident occurred. The young child was supposed to be supervised closely by those leading the center. That supervision appears to be lacking. For reasons that are still being investigated, the child somehow wandered off without being noticed. It wasn’t until later that caregivers noticed that he was gone and tried looking for him. He was eventually found in the church’s baptismal font. The pool of water was uncovered and had about two feet of water inside. He was rushed to the hospital after he was found, but there was little that caregivers could do. He was pronounced dead at the scene. Of course, this is a devastating for the young child’s family and the entire community.

Unfortunately, as the investigation into the tragic toddler drowning has progressed, it has become clear that there were big warning signs about the care being provided at the church. In mid-November, the facility—which is inspected twice a year by state officials—was cited for several safety violations. Its employees did not have criminal background checks run on them. Open, unsafe, spoiled food was found in the cabinets. The changing tables used by staff members were dirty, and some of the high-chairs had broken safety straps. Clearly, an observer would be able to identify that this facility posed a risk to the children under the care of those

The drowning lawyers at our firm are available to work with victims of injury throughout the country who suffer injury in incidents just like this one. There is absolutely no excuse for conduct that risks the lives of the most vulnerable among us—our children. Unfortunately, state regulators are often far behind the times when it comes to ensuring that these facilities take steps to keep these spaces safe.

In fact, day care centers like the one in this care are not even required to meet basic licensing standards under the state law. Some legislators in the state had proposed changing this loophole, and ensuring that facility run by church’s like this one be required to meet the same staffing and safety requirements as all other day care centers. In face the bill was held up by some legislators last year. Lawmakers are reconsidering the measure this year, but it comes too little too late for Juan. Our Illinois injury attorneys believe that this sort of conduct is unacceptable, and it is imperative that this facility be held accountable for the conduct that allowed this tragedy to occur.

See Our Related Blog Posts:

Boy Hospitalized After Being Pulled From Swimming Pool

Illinois Swimming Pool Drowning Involving Aurora Toddler

October 5, 2011

Student Drowned at Work when Cable Car Plunged into Colorado River

Our Chicago wrongful death attorneys were saddened to hear of the death of a 21 year-old University student, earlier this year. According to the Glenwood Springs Post Independent newspaper, the student drowned in the Colorado River in June 2010, while working to help build the Glenwood Canyon Resort zip line.

The student had only been working for five weeks when the accident happened. The young man and two co-workers were on the job and transporting equipment across the river in a cable car when the car they were in sagged too low and dropped into the rushing current of the river. The student was flung into the river and drowned. He had not been wearing a life jacket at the time.

At the time of the incident, the three men were traveling in the cable car to reach property across the river, with the intent of constructing three, 350-foot zip lines across the Colorado River to be used by the resort. The Glenwood Springs Post Independent reports that the young man and his fellow workers were transporting a generator, shovels and other equipment across the river when the accident happened. The cable car couldn’t sustain the combined weight of the three men and the equipment.

Although the Garfield County Sheriff's Office Search and Rescue spent two days searching the river for any sign of Chisholm, the search had to be suspended as a result of dangerous river conditions. The man’s fellow employees from the resort continued searching the river, but the man’s body was found 16 days later, several miles downstream.

The mother of the student has since filed a wrongful death lawsuit on behalf of her son, alleging that the “Defendants knew or should have known the danger posed by use of the cable car at a time when the flow of the Colorado River was at such high volume.”

The defendants named in the lawsuit are Rock Gardens Rafting, Glenwood Canyon Zip Line Adventures; the owner of the cable car; and the young man’s work supervisor that day. If successful in her claim, the victim’s mother may be awarded damages for loss of love companionship from her son, as well as punitive damages to send a message to the defendants, urging them to be more careful in the future.

As a general rule, companies have a duty to supervise their employees as well as the working conditions to ensure that their workers are performing tasks in a safe environment. When they fail to ensure safe working conditions, employers may be liable for any injury that occurs on the premises. In this case, the cable basket had been used to haul equipment and workers across the river for nearly thirty years before it failed.

This is a devastating situation for all people involved. Our Illinois personal injury lawyers know how tragic and difficult Illinois wrongful death lawsuits can be, and have the requisite knowledge and diligence to fight for the rights of the families of victims.

If you or a loved one has been injured at work or on a construction site, it is important that you understand your rights to any benefits and compensation owed to you under the law.

August 15, 2011

Boy hospitalized after being pulled from swimming pool

Our Chicago personal injury lawyers were so sad to read about the three year-old Illinois boy who is now hospitalized after being pulled from a swimming pool late last week. The Illinois pool accident happened near Collinsville, Illinois in the 1200 block of South Clinton Road in St. Clair County, Illinois. Illinois fire personnel indicated that the drowning victim was unconscious and unresponsive. No further information was available about the boy’s health and condition at the time.

Continue reading "Boy hospitalized after being pulled from swimming pool" »

May 31, 2010

Just in time for summer & Memorial Day – Pool safety tips

Last year, the Illinois personal injury lawyers at Levin & Perconti read about too many heart wrenching cases of injured children involving dangerous pools. These injuries to children could have been prevented! Many children who drown in swimming pools were not neglected – they had only been seen moments before. Unlike what some people may expect, drowning is a silent killer. Water fills a drowned person’s air passages so they are unable to make a sound or scream for help. Unfortunately, fifteen percent of children admitted for near-drowning die in the hospital. Recently, the Chicago Tribune ran an article about pool safety tips and we wanted to highlight some of the suggestions to our readers.

In order to avoid such tragedy, you should always watch children closely; never leave them alone, even for a moment. Remove all toys from the pool after everyone is out so children aren't tempted to reach for them. You should also consider installing a fence that rises at least four-feet high around the pool. In order to work most effectively, the fence should separate the pool from the house and play area of the yard. You want to use gates that self-close and self-latch, with latches higher than your children's reach. You should also install door locks and alarms – the lock should be high enough that it would make it difficult for a child to get out. Additionally, a pool alarm will notify you if someone has gotten into your pool, even neighborhood kids. Be sure to keep safety rescue equipment and a telephone by the pool. Of course, call 911 immediately in an emergency.

For more information about pool safety.

November 11, 2009

Chicago area boy in critical condition after fall into pool

A 3 year-old Illinois boy was in critical condition after falling into a swimming pool at his home over the weekend. The boy was outside with his father who was working in the yard. The father believed the youngster had gone into the home, but after 10-15 minutes the parents could not find him inside. He was found floating in the swimming pool.

Levin & Perconti is saddened yearly by the personal injuries that Chicago-area individuals, especially children, suffer by drowning in pools. If you have a pool or live near pools, please take a moment to read the tips on preventing drowning.

To read more about the Illinois child drowning.

July 10, 2009

Tips to prevent drowning

As Levin & Perconti has recently blogged, the joy of summer often brings Illinois families to the pool where a hidden risk of drowning remains. The Consumer Product Safety Commission has released a list of tips to prevent pool drowning, such as: having layers of protection fencing or gating the pool; beware of suction drains that can act as entrapments; and never leave a child by the pool unattended.

To read more about the CPSC tips to prevent drowning.

July 9, 2009

Illinois Attorney General issues product recall for 4 million baby floats

In the midst of summer pool days, the Illinois Attorney General has issued a good reminder that we must be vigilant in supervising minors in pools. There has been an Illinois product recall for 4 million Aqua-Leisure inflatable baby floats after Illinois consumers reported at least 31 incidents of the float seat tearing, causing infants to fall into the water.

To read more about the Illinois product recall.

May 26, 2009

CSPC announces new child drownings report

The Consumer Product Safety Commission recently provided updated figures on child drowning deaths and injuries in pools and spas. Nearly 300 children younger than 5 drown in pools and spas yearly and 3,000 suffer pool-related personal injuries. About 80% of the drowning fatalities occurring in residential settings, such as the home, or a friend’s home.

Levin & Perconti has blogged quite heavily on child drowning issues, especially as summer approaches. For safety tips, click here.

To read more about the CSPC drownings report.

May 8, 2009

2 year-old boy dies in pool

A 2 year-old boy died last weekend after family members found him floating in their swimming pool. The boy had no pulse when he was pulled from the water. It is unknown how he got into the pool.

Levin & Perconti reminds you, as the summer months approach, to avoid drowning tragedies by practicing safety tips when near or in water!

To read more about the 2 year-old drowning.

April 30, 2009

Jury awards $14 million to family of drowning victim

A jury awarded the family of a 4 year-old drowning victim nearly $14 million in damages this week. The personal injury victim drowned on the first day of summer camp almost four years ago. Ten of the eleven defendants accused of negligence in the personal injury lawsuit admitted that they had been negligent.

To read more about the drowning lawsuit.

April 21, 2009

Illinois man dies from drowning

An Illinois man’s death from drowning was ruled an accident by the Illinois Medical Examiner last week. The 47 year-old drowning victim somehow fell into the Fox River near his home and drowned. His blood-alcohol content at the time of his death was .29 percent.

To read more about the Illinois man’s death from drowning.

April 14, 2009

Beware of silent killer: drowning

With summer fast approaching and more tales of drowning coming up daily, we at Levin & Perconti thought that this Arizona Daily Star article was timely. Drowning is often referred to as the “silent killer” because there is usually no cry for help and very little commotion. Please keep toys away from pools and fence in any hot tubs or pools.

To read more safety tips to avoid drowning.

April 13, 2009

Toddler drowns in hot tub

In another tragic drowning story, a two-year old girl drowned over the weekend in her family’s hot tub. She was pronounced dead at a nearby hospital. If you have a pool or hot tub, the attorneys at Levin & Perconti urge you to review these tips for water safety.

To read more about the toddler’s drowning.

April 12, 2009

How to prevent child drowning

In light of the recent child drowning that Levin & Perconti blogged about, this Mayo Clinic article on childhood safety is entirely appropriate. When having a residential swimming pool, you can attempt to prevent personal injuries by fencing it in, installing alarms, blocking pool and hot tub access, teaching children to swim, removing toys, keeping your eyes peeled, and being wary of drains. The article also offers tips on avoiding drowning dangers in natural bodies of water and toilets, bathtubs, and buckets.

To read more about the child safety tips.

April 2, 2009

Chicago-area boy dies following near-drowning

A Chicago-area boy has died after nearly drowning earlier last week in an Indiana pool. The 4 year-old died at the University of Chicago hospitals. The Cook County Medical Examiner did not release the name of the 4 year-old drowning victim.

To read more about the Chicago-area drowning victim.

April 1, 2009

Lawsuit filed after Illinois boy’s drowning

An Illinois family has filed a wrongful death lawsuit against an Illinois condominium after a boy drowned in a pool. The Illinois boy and some other kids had jumped a fence to swim. The personal injury lawsuit alleges that the management company and condo association maintained unsafe and inadequate pool enclosures.

To read more about the Illinois drowning lawsuit.

March 25, 2009

Are pool drains safe for kids yet?

With summer fast approaching, we at Levin & Perconti are concerned whether pool drains are safe for kids yet. Last summer, numerous reports surfaced that public pools lacked the proper product safety. A recent AP article addressed that nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at preventing product liability and keeping children safe from powerful and sometimes deadly suction of drains.

To read more about the pool drain safety issues.

November 28, 2008

Naperville Girl Dies after Falling into Pond

A 9-year-old girl died after she fell into a thinly frozen pond in a Naperville, Illinois subdivision. The girl remained submerged in the water for about 15 minutes after she fell. The 9-year-old slipped through the ice after she and a cousin attempted to walk across a frozen retention pond. The two inched about 10 feet out before the inch-thick ice cracked. Emergency divers broke through the ice to reach her and transported her to the hospital. The young girl was pronounced dead at the hospital. The quick response of neighbors helped allow emergency responders save the life of the girl’s cousin. He was taken to the hospital for observation of his personal injuries. To read the full story, click here.

November 22, 2008

Mother Sues For Wrongful Death after Son Drowns

The mother of a high school student who drowned when his paddleboat sank in the Fox River near the Chicago suburb of Algonquin is suing the school and the camp he was attending, claiming their negligence caused the wrongful death of her son. The bodies of the teenagers were recovered from the lake and all were pronounced dead a the scene. The teens were attending Camp Algonquin, a YMCA campsite, for a leadership seminar geared towards upperclassmen. The teens had been at the campsite with other students for the past eight days. At least one of the teens took the paddleboat from the campsite and boarded it in the river, but since the paddleboat had been winterized, meaning the plug preventing water from entering the bottom was removed, the boat sank. Two of the teens died after the paddleboat capsized and the third went in the water from the shore trying to save them and also went under. The mother of one of the boys filed a lawsuit in Cook County Circuit court accusing the association which organized the leadership retreat, the YMCA of McHenry County and the North Lawndale College Prep of negligence. The suit alleges all parties involved of leaving her son unsupervised and keeping the paddleboats in insufficient condition. The wrongful death lawsuit seeks more than $800,000 in damages. To read the full story, click here.