California Injury Blog

We aren't even in the thick of summer yet but a surge in Southern California swimming pool accidents involving drowning and near drowning in the region has Southern California officials very concerned. According to a news report in The Press-Enterprise, Riverside County is on track to have more children drown this year than in 2008. Four boys, all under the age of 5, have drowned so far, in backyard pools, according to the Riverside County Department of Public Health. During 2008, seven children drowned across the county while in 2007 there were nine drowning incidents.

Officials also say that near-drowning incidents are increasing. Just on a recent Sunday, Riverside County had three near-drowning incidents and San Bernardino County had two. Local authorities are extremely worried because they are seeing this spate of swimming pool accidents even before the official start of summer.

Drowning is the leading cause of death for children younger than 5 in California. More than 80 percent of drowning and near drowning occur in backyard swimming pools, often because of a very brief period of inattention or lack of supervision. This year, officials are seeing some "new twists." In two cases, children escaped into the swimming pool through dog doors. In other cases, children fell into murky, unmaintained pools in occupied homes.

Continue reading "Southern California Swimming Pool Accident Warning Issued by Officials " »

A 2-year-old boy nearly drowned after he fell into a backyard swimming pool in Rialto the afternoon of February 27, 2009, the San Bernardino Sun reports in this article. The toddler’s family members told Rialto fire officials that the toddler fell into the pool in the 1900 block of North Joyce Avenue while playing with another child. The other child then got a sibling to pull the toddler out of the swimming pool. An adult started doing CPR on the child. The children apparently got to the pool area through a sliding door.

When paramedics arrived on the scene, the toddler had a pulse, but wasn’t breathing. Thankfully, he started recovering on the way to the hospital. Fire officials told the newspaper that people should be watchful especially in California where good weather keeps families using their pools through the year. San Bernardino swimming pool accidents do not happen only in the summer, especially in California. Swimming pool safety cannot be overemphasized in Southern California.

It is extremely fortunate that this little boy survived this swimming pool accident. Young children, if they do not drown, can be left with catastrophic injuries to the brain after a near-drowning because very often this cuts off oxygen supply to the brain. The cost of treating these brain injuries can be extremely high and could run into millions of dollars. I hope this child in Rialto wasn’t seriously injured and I wish him the very best for a quick and complete recovery.

Continue reading "Near-Drowning in Rialto Backyard Swimming Pool" »

A 3-year-old boy in Orange County has survived a near-drowning incident after his older brother rescued him from the bottom of a swimming pool the afternoon of February 1, 2009. According to this news report in The Orange County Register, the boy’s family was visiting a home at Via Divertirse in San Clemente.

Officials said the toddler’s 7-year-old brother, who saw him at the bottom of the backyard swimming pool, dove in and pulled his brother up. The 3-year-old was said to be breathing when paramedics arrived. The toddler is apparently recovering after the near-drowning, but the extent of his injuries is not known.

I’m extremely relieved for the young boy, his family and the hosts who were apparently entertaining this family over the weekend. I wish the young boy the very best for a quick and complete recovery. This family will certainly be in my prayers.

Although it is extremely fortunate that this child did not drown, near-drowning incidents are serious because in these cases, oxygen supply to the brain is cut off, which can leave a child with lifelong brain injuries. Medical expenses in a near-drowning incident could easily run into millions of dollars. Almost every summer, our firm represents a family whose loved one drowned or almost drowned because of the negligence of a homeowner.

Continue reading "Toddler Survives Orange County Near-Drowning Incident" »

A 2-year-old boy is in critical condition after he nearly drowned in his family pool on January 11, 2009, According to this Desert Sun article. The toddler, whose name was not released, was found after his mother noticed him missing from the house. The child was found submerged in the pool. Emergency personnel performed CPR on the toddler and transported him to a local hospital. The child is said to be hanging on to his life.

My heart goes out to this Riverside County family. I’m extremely glad that the child survived what could have been a fatal Riverside swimming pool accident. I hope the little one makes it out of this nightmare and I will pray for his quick and complete recovery.

This news report does not give any information about how the child got into the pool. Was there a gate around the pool? Was the pool gate closed or locked? These are important questions to ask. Had that child been a neighbor’s child or a visiting child that had fallen into the pool, the homeowners could be held financially responsible for the near drowning.

Continue reading "Toddler Critically Injured in Indio Swimming Pool Accident" »

Eighteen-month-old Isabelle Jenkins and 2-year-old Tyler Frey-Cruz were two Orange County children who died in two separate swimming pool drowning accidents, The Orange County Register reports. We obtained the girl’s identity from an Orange County Coroner’s press release. The two drowning incidents occurred within three days last week when we’ve had summer-like weather conditions in Southern California.

Tyler drowned in a backyard pool in Irvine on November 12, 2008 while Isabelle drowned in an in-ground spa next to a backyard pool in Mission Viejo on November 14, 2008. Police officials in Irvine and Mission Viejo are trying to figure out how the children gained access to the water. In Tyler’s case, his grandfather who was babysitting him was apparently talking on the phone for a few minutes when he took his eyes off the toddler. The man found his grandchild floating the pool. It is not clear how Isabelle drowned.

My heart goes out to the families of both these young children. What a terrible and heartbreaking, yet, preventable tragedy! Please keep these children’s parents in your prayers.

Continue reading "Orange County Swimming Pool Accidents Claim Two Lives in Three Days" »

Even as the summer season is drawing to a close, two more child drownings were reported this week in the Southland. The first one occurred in Walnut, in the 700 block of Janice Lane, and involved a 3-year-old boy who drowned in the family’s Jacuzzi Sept. 15, according to this news report. The second incident occurred in Fontana, in the 8700 block of Tangelo Avenue, when a toddler girl of almost 2 years old, drowned in the family’s backyard pool, according to this article.

Our hearts go out to these two Southern California families. Please keep them in your prayers.

What the rest of us need to learn from these tragedies is that we cannot take our little ones for granted. We cannot let them out of sight even for a few minutes. According to Fontana police, the girl had been out of sight for five or 10 minutes. The girl had walked to the backyard, opened the pool fence door (which had a latch but had not hooked) and fell in. By the time her parents found her and pulled her out of the water, it was too late. Attempts at resuscitating her were unsuccessful and she was pronounced dead at the hospital.

Continue reading "Two Southern California Toddlers Die In Separate Drowning Incidents" »

A 14-month old girl nearly drowned in the backyard pool of a Menifee home Sept. 5, according to this news report by the Riverside County Sheriff’s Department. The report states that the girl’s father, Scott Stevens, tried to perform CPR on the girl, who had reportedly lost consciousness and turned blue following the swimming pool accident.

A Sheriff’s deputy helped the father with CPR and together they were able to resuscitate the girl and transport her to an area hospital. The toddler is now said to be in stable condition. Officials say the girl had access to the pool because one of her older siblings left the swimming pool gate open. That child apparently opened the gate by climbing up on a box to reach the gate latch.

I’m relieved that this toddler survived what could have been a fatal swimming pool accident. Assuming that this report is accurate, this incident only goes to show how resourceful even very young children can be and the measures we have to take as parents to keep our children safe. If that child had been a neighbor’s child that had fallen into the pool, the homeowner could have been held financially responsible for the near drowning. Medical expenses in a near drowning incident could easily run into millions of dollars. Nearly every summer we represent a family whose loved one drowned because of the negligence of a homeowner, caretaker or lifeguard.

Continue reading "Toddler Survives Menifee Near-Drowning Incident" »

Jhovan Peralta, 4, drowned over the Labor Day weekend at a Chula Vista Lagoon Style swimming pool, according to a 10news report. Jhovan was reportedly found unconscious in the swimming pool at East Lake Beach Club on Lakeridge Circle. Paramedics took the boy to an area hospital, where he died.

According to another news report by NBC, the boy was found by some unidentified people in the water following the fatal swimming pool accident. They dragged him to the shore. There are conflicting reports about whether the parents were with the boy or not. The NBC report states that the boy and his parents were visiting from out of town while the 10news report states that the boy lived in Spring Valley with his mother and siblings.

My heart goes out to the family of little Jhovan Peralta. Let us keep them in our prayers.

Unfortunately, fatal swimming pool accidents, especially those involving young children, are all too common in Los Angeles, Orange and San Diego counties. The U.S. Centers for Disease Control and Prevention (CDC) finds that nationally more than one in four fatal drowning victims are children 14 and younger and for every child who dies from drowning, another four were treated for submersion injuries. The CDC also found 30 percent of the children 1 to 4 years old who died in 2005, died by drowning.

Continue reading "Chula Vista Club Swimming Pool Drowning Accident" »

The father of an autistic 5-year-old girl, who drowned in an after-school program for special needs children in Desert Hot Springs, has filed a lawsuit against Angel View Crippled Children’s Center demanding answers and accountability in his daughter’s swimming pool accident death, according to this news report. Anyah Raven Glossinger of Cathedral City reportedly drowned in a mineral pool Jan. 23 after participating in a hydrotherapy session at the center.

The lawsuit filed by Micheal Glossinger, Anyah’s father, alleged that the school’s staff failed to place a life-saving vest on Anyah, who was legally blind, diagnosed with low-functioning autism and could not swim. Glossinger said in a news release that the Riverside County wrongful death lawsuit “won’t erase the pain or bring Anyah back, but it will help hold those responsible for Anyah’s death accountable for their actions.”

I offer my deepest condolences to Anyah’s family for their loss. The incident was ruled a fatal accident and no criminal charges were filed by authorities. The parents and their attorney believe that the caregivers at the school were not monitoring Anyah’s care and are seeking punitive damages in their wrongful death lawsuit.

Continue reading "Family of Drowned Autistic Girl Sues Desert Hot Springs Caregiver" »

A 67-year-old man and his grandson drowned in a Selma swimming pool accident, according to an ABC News report. The drowning occurred at the McCall Village mobile home park on Dinuba near McCall. Police said the boy was swimming with both of his grandparents when his grandmother left for a short while to get some things from home. When she returned she saw her husband at the bottom of the pool and the grandson floating on top.

No one saw the drowning happen so police are still trying to figure out how it occurred. We’ll probably never find out how the boy and his grandfather drowned. I offer my deepest condolences to the family.

While swimming pools are fun, they can also be deadly. According to a release from the U.S. Centers for Disease Control, there were 3,852 fatal unintentional drownings in the United States in 2005. More than one in four fatal drowning victims were children 14 and younger. And for every four who die from drowning, another four received emergency department care for nonfatal submersion injuries, near drownings. Nonfatal swimming pool injuries include brain damage that could result in long-term disabilities including memory problems, learning disabilities and permanent loss of basic functions.

Continue reading "Grandfather and Grandson Drown In Selma Community Pool" »

A 7-year-old boy participating in a Altadena day camp program nearly drowned in the John Muir High School pool on Tuesday, July 1, 2008 according to a report in the Pasadena Star News.

The day campers were spending the day at the high school’s pool when a lifeguard spotted the boy in the water. A lifeguard pulled him out and CPR was immediately administered. When paramedics arrived the boy had a pulse but was not breathing on his own.

Let’s all keep this little guy in our prayers for a full recovery. Many near drowning victims suffer brain damage due to lack of oxygen to the brain. Let’s hope this boy and his parents suffer nothing more than a horrendous scare.

Swimming pool drownings in Southern California are nothing new. What is unique about this near drowning is that it happened at a public pool with life guards on duty and with, supposed, professional supervision. In California there are nearly twice as many drownings in backyard pools than in all other pools combined.

Continue reading "Seven-year-old Day Camper Nearly Drowns in Pasadena Pool" »

Emilio Morales, a 3-year-old boy drowned in a recent swimming pool accident at a southwest Houston apartment complex, according to a news report in The Houston Chronicle.

The Missouri City boy and his family were reported to have been with friends at the apartments in the 2800 block of Rolido Drive, when the accident happened. Morales was wearing a floatation device in the swimming pool, with his family nearby. But he seemed to have slipped out of the device and drowned unnoticed, said the police. Morales was later pronounced dead at Memorial Hermann Southwest Hospital.

My heart goes out to the Morales family for their tragic loss. Houston is typical of other Sunbelt cities with a plenty of public and residential swimming pools. The U.S. Consumer Product Safety Commission (CPSC) has found that about 350 children under the age of 5 drown in swimming pools each year and for the Sunbelt states drowning is the leading cause of death for young children.

Continue reading "Houston Swimming Pool Accident Kills Toddler" »

An 18-month-old toddler, Bentley Colwell, drowned in a tragic Fresno swimming pool accident at his grandfather’s house in a Fig Garden neighborhood on the 600 block of East Saginaw Way, recently, according to an article in The Fresno Bee.

Bentley is believed to have fallen or jumped unnoticed, into the backyard swimming pool of the house in central Fresno near Wishon and Saginaw, said Cynthia Valdez, a police spokeswoman. The boy’s grandfather found him and pulled him out of the water. Bentley was pronounced dead at the Community Regional Medical Center. Valdez also reported there was no fence around the swimming pool or any evidence of safety measures.

This is truly a heartbreaking story and I offer my sincere condolences to the family.

Continue reading "Fresno County Swimming Pool Fatality" »

With temperatures soon warming up throughout the country, pools and spas are going to see a lot of use again. A timely article posted on the consumeraffairs.com Web site sadly serves to remind us of the dangers this seasonal activity typically brings with it.

The number of pool and spa-related deaths and swimming pool accidents has increased over the recent years according to a recent Consumer Product Safety Commission (CPSC) report. Children age five and younger are the most at risk from accidental drowning or a near-drowning, an accident that has the potential to cause terrible injuries. These types of accidents are largely preventable; happening as a result of poor or no adult supervision, mostly occurring in residential locations, and involving both large in-ground pools, as well as small inflatable pools. Currently inflatable pools do not fall under the barrier requirements of local building codes and as a result people often buy them without considering the safety needs.

Continue reading "Swimming Pool Accidents And Injuries" »

Swimming pool accidents are a common occurrence in California. In fact, in California and here in Orange County, it is the most common cause of death among children younger than 5 years of age. Most of it happens in backyard pools when an adult who is supposed to be watching looks away for just a moment. But many of these incidents also happen at community and private club pools where lifeguards are supposed to be watching over these kids.

Last week, a jury in Maryland which heard five days of heart-breaking testimony about the June 22, 2006 drowning death of a 5-year-old boy at a country club awarded the boy’s parents $4 million in damages. According to an article in The Baltimore Sun, jurors found the pool management company negligent for not providing appropriate training for its lifeguards and not sufficiently staffing their facility. The jurors awarded each of Connor Freed’s parents $2 million and $76 to symbolize Connor’s birthday – July 6.

Continue reading "Jury Awards $4 Million in Country Club Swimming Pool Downing" »

It was a crowded pool at a birthday party in a Villa Park home. It was a perfect day for a party – warm and sunny. There were plenty of kids in the pool and even more adults standing around the pool watching them. But not one of those kids or adults noticed 4-year-old Aurora Pruitt of Moreno Valley slip underwater and drown in the shallow end of the pool, according to an article in The Orange County Register.

The article states that there were as many as 15 children in the pool ranging in age from 3 to 16 years old. According to the report, five adults were watching the children. They made the horrible discovery at lunch time when all the children got out of the pool except for little Aurora. A parent, who saw her at the bottom of the shallow end of the pool, pulled her out and tried to resuscitate her, but didn’t succeed. Paramedics rushed her first to Chapman Medical Center and later to Children’s Hospital of Orange County in Orange, where she died just after 9 p.m. Tuesday.

According to the Orange County Sheriff’s Department, 18 children under the age of 18 have drowned in Orange County since January and nine of those children who drowned were under 13 years of age.

These are truly alarming numbers for Orange County. Drowning is the leading cause of death for young children in Orange County and California where backyard pools are the norm rather than the exception. Pools are a great resource and a pool parties are a great activity for the summer. But they can also be a liability. If a child drowns in your backyard pool under your watch, you could be held liable.

Continue reading "Fatal Drowning Occurs in Backyard Swimming Pool During a Party" »

A 4-year-old Stanton boy drowned in his backyard pool Tuesday night after wandering away from the rest of the family, according to an article published in The Orange County Register.

Jose Ornelas went missing just before 9 p.m. while at least one of the boy’s parents and several other children were in the home in the 7700 block of Yorkshire Avenue, officials told the Register. Family members began searching the house and back yard and found the boy at the bottom of the pool. Firefighters from the Orange County Fire Authority and Orange County sheriff's deputies went to the home but were unable to revive the boy, who wasn’t breathing when he left the house, according to the article.

Jose was taken to the West Anaheim Medical Center, where he was pronounced dead.
Officials said that there was no fence around the pool. The Sheriff's Department homicide unit is investigating the death, which is a standard procedure for any suspicious death, but officials said that it was most likely an accidental drowning. This is the third Orange County pool drowning in two months. Last month, a 2-year-old boy and his 21-month-old cousin died after falling in a murky backyard pool in Garden Grove.

Continue reading "Drowning Accident Claims the Life of a 4 Year Old Boy" »

Two toddlers, an 18-month-old girl and a 3-year-old boy, drowned Wednesday night in a family pool in Mesa, Ariz., according to a news report in The Arizona Republic Newspaper Friday. These are the third and fourth child drowning victims in three days in Mesa. The double tragedy happened a little before 7 p.m. when the children were found by the girl’s aunt and uncle, who said they had been watching television and lost track of time, officials told the newspaper.

The boy was found floating in the pool and the girl was submerged. They were not immediately identified. The boy was described as a family friend. Police said the pool had a fence and a gate, but that officials are still unsure about how the children got to the pool.

Continue reading "Four Child Drownings Occur in Three Days" »

Two young brothers were pulled unconscious from a murky backyard pool Saturday, and one died later while the other was hospitalized in critical condition, according to a news report by the Associated Press posted on Newsday’s Web site.

The boys’ grandmother found the 5-year-old boy floating in the pool Saturday afternoon at the family home in the Walnut Park area south of downtown, sheriff’s officials said. The boys’ father pulled him out and tried to resuscitate him, before realizing his 3-year-old son was also missing. The father eventually found the younger boy, Jonathon Verdugo, just below the surface, but he and paramedics were unable to resuscitate him, sheriff's officials said. Jonathan died Sunday and the 5-year-old, whose name was not released, was in critical condition, the sheriff’s department said.

A swimming pool in the yard can be very dangerous for children. The American Academy of Pediatrics suggests that you do not put a swimming pool in your yard until your children are older than 5 years. If you already have a pool, protect your children from drowning by doing the following:

• Never leave your children alone in or near the pool, even for a moment.
• You must put up a fence to separate your house from the pool. Most young children who drown in pools wander out of the house and fall into the pool. Install a fence at least 4 feet high around all 4 sides of the pool. This fence will completely separate the pool from the house and play area of the yard. Use gates that self-close and self-latch, with latches higher than your children's reach.
• A power safety cover that meets the standards of the American Society for Testing and Materials (ASTM) adds to the protection of your children but should not be used in place of the fence between your house and the pool. Even fencing around your pool and using a power safety cover will not prevent all drowning accidents.
• Keep rescue equipment (such as a shepherd's hook or life preserver) and a telephone by the pool.
• Do not let your child use air-filled "swimming aids" because they are not a substitute for approved life vests and can be dangerous.
• Anyone watching young children around a pool should learn CPR and be able to rescue a child if needed. Stay within an arm's length of your child.
• Remove all toys from the pool after use so children aren't tempted to reach for them.
• After the children are done swimming, secure the pool so they can't get back into it.

Continue reading "Swimming Pool Accident Proves Fatal for Young Boy" »