Vancouver Personal Injury Lawyer - Wrongful Death

Swimming Pool Drains That Injure

Don Jacobs — Wed, 05 Nov 2008 20:43:43 GMT

Another child has been injured by the drain in a public swimming pool.

Electric pumps installed on large swimming pools have the power to move large quantities of water quickly. Most pools have a flat drain at the bottom. When operating, the drain has the ability to create an incredibly strong suction effect. If an object is placed against the drain, it can be nearly impossible to dislodge.

Most swimmers don’t give the drains a second thought. Kids though seem to be attracted to these when they play. Against a white pool bottom, the drain becomes an item of curiosity. When children swim down to investigate, they can be trapped underwater by the suction of the pump. Even worse, some large pools have enough suction power to tear flesh and rip out internal organs.

This very tragic result occurred at a golf club pool in Minnesota to a six year old girl. All she did was sit on the drain in a wading pool. The powerful suction tore out part of her intestines. She died later at a hospital. The injury could have been easily prevented with the installation of raised grates over the drain. These devices are now installed in many public pools. Fortunately, after the tragic result in Minnesota, the state passed legislation requiring raised drain covers for all new public pools.

Originally posted at InjuryBoard by Don Jacobs

Kids suing parents

Don Jacobs — Fri, 10 Oct 2008 13:46:32 GMT

The Washington Supreme Court looked at an interesting case involving a tragic drowning recently. The parents of a three year old girl left her in the care of her stepfather. The stepfather claimed he started a video for the child in her room and then left her alone to go downstairs and build a fire. About an hour later, he realized she was no longer in her room. He noticed the sliding glass door to the backyard was open. He walked into the back yard and found her floating face down in the pool. Efforts to resuscitate her failed and she died in the hospital. The parents filed a lawsuit against the stepfather. The court tossed the case based upon the doctrine of parental immunity. The court ruled the doctrine shields parents for any liability for negligent supervision of their children. In years past the doctrine of parental immunity was used to shield parents from any claims brought by their children. The law protected parents from suit even in horrible situations, such as rape of a child or other cruel and inhumane treatment. The law was changed decades ago to protect only those acts that amount to negligent parental supervision. Examples have included cases where parents let their children wander the neighborhood and they become injured playing with electrical wires. Parents are not immune from suit if they are acting outside of their parental obligations, such as in automobile accidents. Even though they may be transporting the child for a family purpose, the act of driving a car obligates them for any injuries caused by their mistakes, even if the person injured is one of their children. In this new case, the courts ruled the doctrine could be used to shield a stepfather if he was truly acting as a parent at the time.

Originally posted at InjuryBoard by Don Jacobs

Accidental shooting and homeowners insurance

Don Jacobs — Thu, 26 Jun 2008 19:57:00 GMT

Although hunting season is past us in the northwest, many still take to the fields for recreational shooting. Some like to knock clay discs out of the sky to keep their shooting skills sharp for next year’s duck season. Unfortunately, humans being what we are, accidents occasionally happen. Most often due to shooter error, these accidents can have deadly if not very serious consequences if other humans are involved. So what happens if a shooting partner, hiker or some other innocent bystander becomes a victim of an accidental shooting? The tort law makes the shooter responsible for any errors. Failing to know exactly where a bullet can go or failing to properly identify a target makes the shooter responsible for any injury or damage caused. Improper muzzle control can also make the shooter responsible. Shooting victims have an absolute right to ask the errant shooter to pay for their injuries or loss of life or limb as a result of negligent shooting. How they obtain a recovery is another story. Many consumers are unaware that a negligent shooter’s homeowners insurance may provide an avenue of recovery. Most homeowner’s policies cover damages caused by accidental shooting, even if the shooting occurred far way from the home.

Originally posted at InjuryBoard by Don Jacobs