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Swimming Pool Accident Victim's Parents File Lawsuit Against Hotel
May 06, 2008

The family of a 5-year-old boy, who drowned in a swimming pool accident at a hotel in Omaha, is suing the hotel management for the wrongful death of their son.

Brian Guevara drowned in the murky black waters of the pool at the Howard Johnson hotel on June 19, 2006. The family had checked in, planning to spend half the day at the zoo and half at the hotel's swimming pool. The surveillance camera at the hotel, which the plaintiff's lawyers plan to use as an important piece of evidence of the swimming pool accident, shows Brian swimming in the pool, and then disappearing. From the surveillance video, in the few minutes that it took for him to slip beneath the surface and the moment his body was dragged out of the pool, you couldn't even see Brains' body lying at the bottom. The water was that dirty. There were others swimming in the pool with Brian who did not notice the swimming pool accident or even see the boy at the bottom of the pool. The lawsuit alleges that had visibility been clearer, Brian would have gotten the help he needed faster and could have survived.

The hotel had been accused of such negligent behavior several years ago in an eerily similar swimming pool accident, which occurred in the same pool, where again one person drowned. The plaintiff's attorney can be expected to bring up that point. After Brian's death, an inspector ordered the pool closed until several defects, which could cause swimming pool accidents, were fixed. These include reinstalling a safety device that had become faulty and cleaning the murky water. Also, a filtering device that is supposed to clean the water was also asked to be repaired. The inspection report also ordered for a pool operator to be on hand when the pool was in use.

For the parents of Brian Guevara, the safety measures have come too late. There is simply no excuse for a pool to be as dirty as it was on the day of the swimming pool accident. The fact that bystanders standing at the pool's edge and swimmers inside the pool couldn't see Brian's body lying at the bottom could tell you of how bad the water was. There seems to have been appalling neglect on the part of the hotel management, which has so far refused to comment on the lawsuit. Brian's parents wasted valuable time looking all over the hotel for their son when they couldn't find him around the pool. With cleaner water in the pool, it is highly likely that someone would have spotted the little boy at the bottom of the pool as soon as he began to drown.

We hope this swimming pool accident raises the bar for safety standards to prevent more accidents. We also hope Brian's family can win the compensation for their suffering.

If you have been injured in a swimming pool accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.

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Family Files Lawsuit Against Pool Company
January 30, 2008

The only flaw you could find in Brian and Karen Cohn's lawsuit, filed against Shoreline Pools, is the paltry amount - $15,000. The family's tragedy, which occurred on July 26th last year, calls for a greater amount to be claimed in compensation.

First, a flashback of events. On this fateful day, the Cohn's 6-year-old son, Zachary, was swimming in the family pool, when his arm got stuck in an intake valve at the deep end of the pool. His father, who noticed his son struggling to pry his hand loose, jumped right in to save him. Brian struggled valiantly to pull Zachary's hand, but the powerful suction of the valve proved too much to overcome. Karen raced back into the house, turned off the house's power supply, which managed to shut down the power and only then could Zachary's hand be freed. But by then, it was too late. His father performed CPR, but Zachary was dead at age 6.

Through their grief, the Cohns have found a way to shed more light on the negligent safety standards adopted by the pool company, which is one of the defendants in the lawsuit. The Cohns insist that the company has a history of violating building codes. The other defendant is the town of Greenwich, which, the couple alleges, failed to conduct a proper inspection before issuing the permit. The Cohn's pool, they claim, had a total of seven serious code violations. One of them, it is now obvious, had a role to play in the child's death.

To lose a child is hard enough by itself, but to lose one to the sheer negligence or incompetence by another is almost too much to bear. According to USA Today, The Cohns say they aren't interested in the monetary compensation, which explains the $15,000 amount. To honor the memory of their son, they want to focus attention on swimming pool safety, and bring about changes in safety laws.

As their statement says, "We hope that ... other families will be spared the horrible tragedy we have suffered. "

If you have a loved-one who was killed in a swimming pool accident, contact an experienced California personal injury lawyer at The Reeves Law Group for a free consultation.

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California Boys Prevent a Pool Tragedy
September 06, 2007

It was a miraculous escape for 2-year-old William Grimes. The toddler was at his grandparents' house over the Labor Day weekend, with his mother and two elder brothers for a family barbeque. His mother, Gina Teachman, asked someone to remove his floaties for a while so he could snack. In the few minutes that it took for someone to find his floaties to put them back on him, the boy slipped into the shallow end of the pool. His 10-year-old brother Gunnar found him a few minutes later sprawled at the bottom of the pool. According to the Huntington Beach Fire Department, Gunnar dove in and pulled the little boy tosafety. His friend Corey then performed CPR, a procedure he'd seen on television, and was able to resuscitate the boy. William was dazed and lethargic when he came to, but after tests at Huntington Beach Hospital and Children's Hospital Orange County, the boy has been given a clean bill of health with no fears of lasting damage.

This story has a happy ending. William is fine and his family is relieved to have him back safe and sound. Every year however, close to 300 children under the age of five die in swimming pool related accidents in the sun-worshipping parts of the country. In fact in children of this age group drowning is the second most common cause of death, second only to auto accidents. Not surprisingly California leads the way in the death rates for children in swimming pool related accidents.

Whether the pool is part of a home, resort or a community facility, the responsibility of the safety of those using it rests with the owners of the pool. In California, law demands that private pools be properly fenced to help prevent tragedy. Owners of an unfenced pool that causes injuries or death to a child can be held liable for damages. In cases of swimming pool deaths however, early investigations are of the utmost importance to ascertain liability.

If your child has been injured in a swimming pool accident due to negligence of a pool owner, you need quality legal assistance to prepare your case. Talk to the personal injury lawyers at The Reeves Law Group and get a free consultation on your case.

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