Los Angeles Top Attorneys Blog: (310) 826-6300 » Drowning Accidents

Wrongful Death Claim Granted to Family of a Boy Killed in a Car Accident

Los Angeles Lawyer — Thu, 05 Jan 2012 23:10:27 +0000

Landers family was awarded with $1 million for their car accident wrongful death claim after losing their son to a drunk driver.

Leaving your kid to one of your most trusted relatives or friends for a weekend or a vacation trip will absolutely bring you peace of mind. However, this verdict must be seen as a warning to parents leaving or planning to leave their children behind for a weekend getaway or a vacation.

The family of a young boy who died in a drunk driving vehicle accident finally won the wrongful death claim they filed way back in 2009. The said drunk driving accident occurred on July 18, 2009. It was when the parents of a 12–year-old Matthew Landers left him under the custody of Randy Sonzanski – a close family friend for a fishing trip in Alaska.

The couple probably gave too much of their trust to Sonzanski, not knowing that the latter would be unmindful of taking good care of their son. Sonzanski being careless about Matthew, allowed the boy to ride on the car of Sonzanski’s friend – Daniel Armstrong upon knowing that Armstrong was already intoxicated by an alcohol.

Don’t drink and drive – that’s the golden rule that Armstrong violated. The worst thing is that the young boy is with him when his car submerged into the Alaskan river as a result of drunk driving. Matthew died from drowning in the river while Armstrong survived.

The police officers who conducted an investigation regarding the incident confirmed that there was a substantial blood alcohol concentration level found in Armstrong’s sobriety test.

Driving with a blood alcohol content (BAC) of 0.08 or more is strictly prohibited in Alaska. According to researches, having a BAC level of .05 may weaken the driving ability of most people. Therefore, 0.08 BAC level was set to be the lawful limit for drivers.

Finally, after several years of waiting, justice has come. Armstrong pleaded guilty and will be facing four years imprisonment. May this serve as a warning to would-be drunk drivers.

Having a quality time with each other might be one of the best moments for spouses. However, kids should never be overlooked in such instances. Take some time and effort in considering to bring your kids too on your vacation trip rather than leaving them under the custody of other people.

Twin Toddlers of OC’s Real Housewife in Pool Accident

Los Angeles Lawyer — Sat, 10 Jul 2010 03:12:55 +0000

Looks like a real housewife might not be such a good mom after all.

Alexis Bellino from the show, “Real Housewife of Orange County” nearly lost her twin daughters in a near-drowning accident on the 4th of July. Tsk, so much for being on the cover of the magazine Parenting OC this month.

Bellino, 32, and her husband Jim 47, allegedly left their 2 ½ year old twin daughters, Melania and Mackenna unattended in a stroller near the pool at the Balboa Bay Club, to do something.

According to witnesses, the stroller rolled into the pool and a lifeguard dived in to save them. When he pulled the stroller out, only one child was still in it. Jim Bellino dived in to save his other daughter.

The little girls reportedly were fine afterwards and did not require medical attention.

In response to the accident, the father claimed that there was never any need for a lifeguard nor was any lifeguard involved.

In the United States, as many as 10 people die every day in drowning accidents. More than 1 out of 5 of these drowning fatalities involve children aged 14 years old and younger. In fact, drowning accidents are the leading cause of injury death for children aged 1 to 4 years old and 3 children die every day as a result of drowning.

If victims in drowning accidents don’t die, they end up suffering serious injuries. Some non-fatal drowning have resulted to brain damage, long-term disabilities and even put the victim in a permanent vegetative state.

Negligence is often the cause of fatal drowning accidents among children. Aside from being left unattended or unsupervised by an adult in a place with a pool, children being curious can easily amble off and fall into a residential pool if it is unfenced and the gates unlocked.

As much as it is important for parents and guardians to keep track of their children all the time to keep them safely, it is also important for pool and property owners to ensure that they may not be held liable in any drowning accident involving children.

Install a four-sided pool fence that is at least 4 feet high, additional barriers such as automatic door locks or alarms and clear your poolside area free from toys so as not to entice children to play in the area. If you have a resort, having a lifeguard at every pool can also ensure swift response if an unattended child falls in.

Drowning accidents are easily the most preventable cause of death and injuries for children. Vigilance and supervision goes a long way and so does keeping your property safe and secure for kids.

More than Half of Sacramento Pools and Spas Fails to Comply with the Law

Los Angeles Lawyer — Fri, 02 Jul 2010 05:02:50 +0000

Summer is here but it looks like thousands of operators of pools and spas are not yet ready for summer.

In Sacramento County in particular, less than half of 2,235 public pools and spas are in compliance with the 2008 federal law called the Virginia Graeme Baker Act. This law requires all pools to install drain covers and anti-suction devices to comply with federal and state regulations.

The law covers spas and pools in apartment buildings, schools, health clubs, hotels and recreation centers but does not include residential pools.

If pools or spa operators fail to comply with federal and state regulations, their businesses will be closed. Other operators who have not submitted the required paperwork will be given 14 days to submit it otherwise an hourly re-inspection fee of $199 will be imposed.

According to the Center for Disease Control and Prevention, drowning accident is the second leading cause of unintentional injury-related death for children ages 1 to 14 years old.

One out of 5 fatal drowning victims are children aged 14 years old and younger.

Pools and spas which fail to comply with federal safety regulations are dangerous as there are hazards such as drain entrapments and eviscerations.

In fact, the Virginia Graeme Baker Act was named after the granddaughter of former US Secretary of State James Baker III who drowned when suction from a spa drain entrapped her under the water.

Also another young girl, five-year-old Valerie Lakey was disemboweled and suffered catastrophic injuries when she sat on an open pool drain whose protective cover had snapped off. Former US Senator John Edwards, who was the family’s lawyer sued the manufacturer of the pool drain cover and won $25 million, the largest personal injury award in North Carolina history.

Pools and spas are meant to be enjoyed by people during the summer, especially by children. But if they do not comply with safety standards and regulations, instead of saving thousands of dollars from pool upgrades and renovations, owners and operators may end up facing millions of dollars worth of damages for personal injury or wrongful death claims filed by the families whose children died or got injured.

Five-Year Old Boy Dies in Drowning Accident

Los Angeles Lawyer — Fri, 25 Jun 2010 00:52:28 +0000

With summer looming just ahead and with a lot of beaches deserted because of the oil spill, a lot of people are expected to beat the heat by having fun in their house pools.

Unfortunately, a 5-year old boy from Rolando, San Diego had a fatal drowning accident when he drowned in a pool at the single-family home.

The accident, which was reported at around seven in the evening, said that the boy was found floating in the pool. Paramedics allegedly tried to resuscitate the boy but failed. The police did not provide other details about how the child got into the pool or how long he was left unattended.

Fatal drowning accidents are fairly common among children, 1 in 5 fatal drowning victims are children aged 14 and younger according to the Center for Disease Control and Prevention. Drowning is in fact the second leading cause of unintentional injury-related death for children ages 1 to 14 years.

In warm-climate states like California, where a number of houses have their own private pools, drowning accidents especially during the summer season happen quite often. There are a number of factors which can be blamed for such child drowning accidents:

•   Lack of proper adult supervision/attention over the child
•   Negligence on the part of the owner of a swimming pool to install a proper four-sided pool fence
•   Dangerous manufacturing or design defect of the swimming pool/hot tub/spa
•   The fence or gate around the pool was defectively installed

Generally, if such elements were present when your child drowned or almost drowned, these may constitute negligence on the part of the owner.

If such is the case, the parents of the injured or deceased child may file a personal injury claim or a wrongful death lawsuit as the situation may warrant. Drowning accidents can be prevented, had the liable party or the pool owner taken the appropriate measures and precautions to prevent unattended children from wandering into his open pool and drowning.

Most child drowning accidents occur in residential pool areas and in the span of 5 minutes out of sight of a parent or guardian, a child can drown. Simple barriers such as a 4-sided pool fence could have easily avoided such catastrophe.

Seek the advice of a personal injury lawyer to find out if you can hold the pool owner liable for his negligence.