Texas Safety Lawyer Responds to Questions about Colin Holst Drowning on Safety Blog Spot

Jesse Guerra
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Posted by Jesse GuerraJune 17, 2008 9:27 PM

I would first like to reiterate my sympathies for this family at this tragic time.  As a parent of four children, I myself am fully aware of the risks that are present each day they leave the house.
However, my feelings remain unchanged regarding pool safety and the responsibility lifeguards have when they take that type of job and pool operators have towards users of their pools.  


To blame a parent for the loss of their child at a facility that offers lifeguards and that users pay a fee for is absurd.  Some things should be included in the price of admission and safe environments are one of them.

You cannot just have lifeguards acting as warm bodies.  Lifeguards are taught and trained to look for hazardous situations more than the average swimmer.  Yes, we as parents have a duty to watch our kids too.  However, the rules set out in the Texas Department of Health and Safety Standards for Pools and Spas clearly point out rules limiting the number of bathers or swimmers in a pool at one time.
These rules should be enforced and the number of people should be limited to safe numbers so that lifeguards can effectively do their jobs.  This is a job for the pool staff, NOT parents.  


If the pool is designed in a way that lures children in to a shallow area and then gets them to a deep area without safety measures such as line markings and floating ropes that should raise a flag.  Again, these rules are part of the State of Texas Guidelines and must be followed by Pool Staff NOT parents.

The people that responded to my blog should make their concerns in writing to Life Time Fitness so they are fully aware of the dangers their pool may have.  If lifeguards are not paying attention and not doing their job, they ned to know about it ASAP.  

If the comment that a reader from the Austin American Statesman blog is true that this is not the first drowning for that company, then questions need to be answered as to how this happened again and what measures were taken to prevent this.

Life vest are great if used properly and with supervision, they are never a save all.  
The rules are in place so that if a child gets away from  a parent which can happen, safeguards take over to save a child from harm's way.  Thats why we have guidelines like water clarity because if a child is at the bottom of the pool that child can be saved and thats why we need well trained and responsible lifeguards to step in when they are needed and save the day. 

Unfortunately, that did not happen in this case.  One thing that has happened is people are talking about pool safety and that may help save a life.  

Thank you all for your responses and posts.  


Please stay tuned for more information as it develops and be on the look out for pool safety posts from my blog page.



18 Comments

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Wishing you God's Grace
Posted by Wishing you God's Grace
June 18, 2008 12:10 AM

It is very shocking and sad to me that you could be so cruel and thoughtless. You have no idea what happened and are making terribly insensative assumptions. This is truly an amazing mother who loved and watched over her children like any loving, caring mother. Accidents can happen. I sat in the funeral for this precious little boy today in a church filled with loving friends and family. This family is leaning hard on their faith, the love of family and friends and a committment to honoring the spirit of this child. I pray some of God's light and grace shines on your heart and allows you to share more peace and less judgement.

Life Time Member
Posted by Life Time Member
June 18, 2008 10:53 AM

I am a mother of a 4 year old girl and we swim at life time almost every evening. I never leave my daughter alone in the pool. She just learned to hold her breath and swim under water. I'm wondering what exactly happened to Colin? Where was his mother? I was at the pool when they reopened on monday nite and there were far fewer swimmers than there were in the past week. But, I noticed much more vigilance on the lifeguard's and aquatics staff's part. And, longer breaks for the lifeguard's. I hope this tragic accident can be avoided in the future.

ThenWhyAreThereLifeguards?
Posted by ThenWhyAreThereLifeguards?
June 18, 2008 12:37 PM

Then why do we pay for lifeguards?

Jesse Guerra / Texas Safety Lawyer
Posted by Jesse Guerra / Texas Safety Lawyer
June 18, 2008 4:14 PM

Please be respectful of the family and stop placing anonymous blame without all the facts. I am not going to remove comments, as I do not believe in censorship, but rude and offensive remarks will not be tolerated.

StopBashingTheFamily
Posted by StopBashingTheFamily
June 18, 2008 5:04 PM

Dear Mr. Jesse,

Would you please reconsider to remove those harsh blames? I respect that you do not believe in censorship but leaving these posts would just be as insensitive as allowing people to post them.
You're a family man as well, Mr. Jesse. I hope you will do the right thing.

Thank you.

Thinking Of The Family
Posted by Thinking Of The Family
June 18, 2008 5:47 PM

Mr. Guerra,
Out of respect for this family and their tragic loss, I think it is terribly insensitive to allow such hateful (and inaccurate) remarks to be made on this post. You posted a response to questions from a blog and yet there is no further discussion of "safety" in these comments. I feel that comments should not be allowed at all. The "Who We Are" statement of the Injury Board does not include public stoning as its mission.
Thank you.

stop pointing the finger
Posted by stop pointing the finger
June 18, 2008 5:55 PM

First of all it is astonishing that so many of you have the audacity to assume it was the parents fault with little information about the circumstances. It is a tragic accident, accident, these things happen sadly written. We should focus on how we can avoid this type of situation in future. The parents of this child don't need to hear offensive remarks when they are mourning their little boy, what happened to all the compassion in the world.

Jesse Guerra/Texas Safety Lawyer
Posted by Jesse Guerra/Texas Safety Lawyer
June 18, 2008 5:58 PM

Thinking of the Family,

Please don't think for one second that I condone the comments of the posting of comments blaming the family.

I do not blame the family at all. If you read closely my second blog did discuss safety issues relating to float lines and number of bathers allowed in the pool at one time. Both can be found in the Texas Department of Health and Safety Standards for Pools and Spas.

As for removing the posts and hateful remarks. I will do that out of numerous requests made.

Thanks for your comments and stay tuned.

StopBashingTheFamily
Posted by StopBashingTheFamily
June 18, 2008 6:21 PM

Dear Mr. Jesse,

I am very grateful for your action in removing those hateful remarks. We need to focus on helping this family in their healing process instead of hurting them even more. Please keep on filtering any hateful remarks.

Again thank you very much.

Jesse Guerra/Texas Safety Lawyer
Posted by Jesse Guerra/Texas Safety Lawyer
June 18, 2008 6:28 PM

Stop Bashing the Family,

Happy to oblige.

Concerned Patron
Posted by Concerned Patron
June 18, 2008 7:48 PM

If you read the Texas State Department of Health and Safety Standards for Pools and Spas. Most things are Standards and are not Laws. (Ropes to seperate depths are not required, They are recommendation) The only thing that is requires is depth markers and no diving signs. The American Red Cross has Recommendations for Patron to Guard Ratios, Recomendations to how long a guard should sit on stand before they should get a break. Lifetime Fitness follows Labor Laws. As long as they are giving their lifeguards a 15 min break every 4 hours they work and a 30 min break for every 8 hours they work they are within the Labor Laws. When is the TD of HSS for Pools and Spas going to pass LAWS for such facilities that are trying to pinch their pennies, not giving their guards efficient breaks which is putting EVERY patron that walks out on their pool deck in risk of potential risk of injury or worse - Death. Suits sitting in AC offices should not be allows to decide where guard chairs are to be placed, How many guards are to be on rotation. People with actual real experience, that have actually lifeguarded for years and have a real concern for safety for patrons should be making these decisions. Yes, There are a lot of question to be asked... Where were the parents? Why did it take so long for the lifeguards to recognize that Colin was a passive submerged victim. He had to be active drowning before that and it only takes between 20-60 seconds for an active victim to become passive so why did it take so long for anyone to recognize? If Lifetime would staff appropriately and give appropriate breaks, the guards would probably be more attentive, alert and responsive as it states in their department objective. So how many drownings do they need in their facilities before they are going to realize they need to do a better job and let the aquatics staff run their departments the way they need to be run? When its busy let them bring in more lifeguards to watch the pool. Who cares if they are going over their budget. Be happy no one drowned that day. Pay your lifeguards more money so you can compete with the city pools who pay $8.50-$10 and hour and pick and choose great lifeguards not crappy ones. I really feel deeply for the family and Im so sorry for your loss. Im also sorry for the staff at LTF as that is something they are going to have to live with for the rest of their lives but I hope LTF will finally realize that they are going to have to do a better job in safety. I hope and pray that not just Texas but every State will come up with LAWS that they will pass that every pool that staffs lifeguards the state decides how many guards are to be up, when their breaks are to be so that no lives are losses other wise we might as well have no lifeguards and put up swim at your own risk signs at all of our pools.

thinkaboutit
Posted by thinkaboutit
June 18, 2008 10:57 PM

This was a terrible tragedy and I'm so sorry for the lost of this child. I don't know the details or care to comment on whose to blame, etc. I just wanted to respond to "then why do we pay life guards?" Many people don't understand the the lifeguard is present for emergency situations, not to watch over inexperienced swimmers. The lifeguards keep the general order, survey the pool and respond as needed. It is tremendously irresponsible to think that they are being paid to watch over individuals that can not swim well. I do not know any small child that is physically strong enough to be a good swimmer. How many times do you think a child can swim the length of the pool without exhausting himself? Children under 10 do not really think about energy conservation and avoiding tricky situations as much as we think they are "great swimmers." Looking forward, I am all for a rule at Lifetime that requires parents to be IN the pool with any child under the age of 12.

Pepper
Posted by Pepper
June 19, 2008 2:52 AM

Do not judge. Do not blame. Nothing good will come of such. It will not bring this little one back. Learn. Remember. Pray. Love.

**********************************************

We are one in the Spirit, we are one in the Lord
We are one in the Spirit, we are one in the Lord
And we pray that all unity may one day be restored
And they'll know we are Christians by our love, by our love
They will know we are Christians by our love

-Carolyn Arends

****************************************

Praise be to the God and Father of our Lord Jesus Christ, the Father of compassion and the God of all comfort, who comforts us in all our troubles, so that we can comfort those in any trouble with the comfort we ourselves have received from God" (2 Corinthians 1:3-4)

****************************************

2 Samuel 12:15-23

*****************************************

Do not stand at my grave and weep;
I am not there. I do not sleep.
I am a thousand winds that blow.
I am the diamond glints on snow.
I am the sunlight on ripened grain.
I am the gentle autumn rain.
When you awaken in the morning's hush
I am the swift uplifting rush
Of quiet birds in circled flight.
I am the soft stars that shine at night.
Do not stand at my grave and cry;
I am not there. I did not die.

-Mary Elizabeth Frye

very_sad_fellow_parent
Posted by very_sad_fellow_parent
June 19, 2008 4:01 PM

I have not been able to stop thinking about this poor family. I have a 4-year-old and I cannot help but put myself in their shoes. My thoughts and prayers go out to them.

BigHeart4theFamily
Posted by BigHeart4theFamily
June 19, 2008 4:47 PM

I too am sick with sadness for this family. It must really hurt them to see or even know about such harsh criticisms of the mother. The fact is that Colin Holst was not only a strong swimmer, but he had recently won a swimming award for his age group. He was athletic and very competent in the water. People are picturing a tiny boy who couldn't swim, but that's not the case. It's more likely that Colin was injured somehow while swimming in the pool or perhaps while jumping in. Readers of this blog don't need to debate about "lifeguards aren't there to babysit non-swimmers" because this wasn't the case with Colin and his mother. Colin swam like a six-year-old, his whole family are big water lovers, and his mother was no more negligent in allowing him to swim alone than any parent of a six-year-old swimming champ. Colin's mom was one of the first people on the scene when he was discovered unconscious, and I can promise you that this tragedy will be very hard for her to survive. Blaming her is unfair and it shows your blatant ignorance about this accident, not to mention your inhumane criticism of a family that needs its community’s support more than ever right now.

Jesse Guerra / Texas Safety Lawyer
Posted by Jesse Guerra / Texas Safety Lawyer
June 23, 2008 4:23 PM

For anyone interested in the Texas Department of State Health Services rules and regulations for public pools and spas I have provided a link below.

Jesse Guerra / Texas Safety Lawyer
Posted by Jesse Guerra / Texas Safety Lawyer
June 23, 2008 4:23 PM

More ...

BigHeart4theFamily
Posted by BigHeart4theFamily
June 23, 2008 5:13 PM

Thank you Jesse, I'm very interested.

Comments for this article are closed.

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