In fact, for every child who drowns, four more survive but with serious injuries that require hospitalization. Boys are four times more likely to be injured in this manner than girls. According to the CDC’s website, above, there are five main risk factors: (1) Lack of barriers and supervision; (2) Age; (3) Lack of safety equipment; (4) Alcohol use; and (5) Seizure disorders.

The lack of barriers and supervision is especially important regarding drowning deaths and injuries for children aged 1-4. According to the CDC, most of the children killed or injured in residential swimming pools were last seen by their parents within about 5 minutes of the traumatic, sometimes fatal injury.

A simple barrier to the pool such as a fence with a working gate can prevent such a tragedy from occurring to a young child. Most localities have requlations requiring the use of barriers around pools. For example, in Las Vegas, NV, a Clark County ordinance mandates that homeowners and landlords secure their property’s pool with barriers to prevent children from gaining access.

It is important that landowners ensure the barriers are maintained properly. A fence is worthless if the gate is broken. Criminal and civil liability can be imposed on the responsible adults when a pool is not secured as mandated by local laws.

For example, in a Las Vegas personal injury claim brought by an attorney I work with, a settlement of $5,750,000 was reached with the landlord’s insurer regarding a child who suffered brain damage (Nevada District Court Case # 96-A-365064-C). There was a fence around the pool in that case, but the gate was malfunctioning.

In conclusion, please place a fence around your pool as it may save an innocent child from death or serious injury. Make sure that your fence and its gate are maintained in good working order. If you are parent, don’t forget that most child drowning victims were last seen within about 5 minutes of the tragedy.

By the way – According to the CDC, for children over 15 and adults, drownings and serious injury are more common in natural bodies of water such as lakes. 90% of these drowning victims were not wearing life jackets. Alcohol use was a factor in half of such incidents, according to the CDC. If you go out boating, please wear a life jacket and remember that alcohol and boating don’t mix.

This article was written by Daniel J. Reed, Esq., for more information, please visit this website: http://www.swimmingpoollawyer.com

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