Corpus Christi Personal Injury Lawyer - pool Safety

Texas Safety Lawyer Jesse E. Guerra Jr. Receives Prestigious Award from Texas Lawyer

Bob Hilliard — Wed, 30 Sep 2009 09:59:56 GMT

Jesse E. Guerra Jr., Partner, at Hilliard Munoz Guerra Law Firm was recently chosen as one of twenty-five extraordinary minority lawyers in Texas Law by Texas Lawyer Magazine www.law.com/jsp/tx/PubArticleTX.jsp. This prestigious award is only given every five years.

Jesse's passion for aquatic safety litigation is second to none and in less than two years he has made himself and the firm the go to people for swimming pool drowning cases. He has represented over a dozen families who have lost children in unsafe pools nationwide.

The award further demonstrates his commitment to creating pool safety awareness for all companies and people who own or manage pools acroos Texas. Through his efforts pools have been made safer and changes have been made that will no doubt save future lives. He is currently working to get the Texas Department of Health to make availble pool guidelines in spanish so that spanish only speaking people can comply with the guidelines they are required to abide by.

"Jesse is currently litigating numerous pool cases and keeps himself abreast of pool codes and regulations. In my twenty six years of practicing law, I have never met a lawyer so enthused and passionate about what they do. Jesse has truly set the bar on aquatic litigation in Texas and I have no doubt that his reputation as an aggressive, but fair litigator and trial lawyer will rapidly spread nationwide." -Bob Hilliard, founding partner, of Hilliard Munoz Guerra LLP.

Originally posted at InjuryBoard by Bob Hilliard

Texas Safety Lawyer Discusses Importance Of Water Clarity In Pools

Jesse Guerra — Thu, 25 Jun 2009 14:30:33 GMT

The #1 Safety Rule for all pools is water clarity:

Water clarity is important for several reasons:

1. So that someone at the bottom of the pool can be seen allowing immediate rescue to that individual.

2. Water clarity is also important because it reveals objects or structural objects such as pool steps, ladder’s, and drains.

3. Water clarity is important for pool users because is provides clear visibility for swimmers preventing physical injury from other objects and swimmers.

The water clarity standard for the State of Texas is all follows:

Texas Department of Health Standards for Swimming Pools and Spas, Section 265.203(b)

Water Clarity standards for post - 10/01/99 and pre- 10/01/99 pools and spas. Areas of a post 10/01/99 or pre - 10/01/99 pool or spa shall be opened for use only if the pool or spa bottom and/or main drains are clearly visible. Possible visual occlusion by sediment or other matter shall be checked before opening a pool and periodically, as necessary, while the pool is in use. To check the pool or spa when in use, bathers shall exit and the pool or spa water shall be allowed to calm.

Clarity shall be observed between 1 to 5 minutes after users have exited. The pool or spa shall be opened for use only if the bottom and/or main drains are clearly visible. Sediment or other matter that may cause visual occlusion shall be vacuumed, filtered or otherwise removed as needed prior to pool use.

Therefore, if you own or operate a pool. Always check water clarity before allowing swimmers to use the pool to ensure a safe swimming experience for all.

Originally posted at InjuryBoard by Jesse Guerra

Colin Holst, 4 Remembered After his Tragic Drowning at Life Time Fitness

Jesse Guerra — Mon, 16 Jun 2008 17:21:16 GMT

According to an article in the Austin American Statesman, "Colin Holst might have been only 4 years old, but he could run like the wind." Words by his father described him as having the endurance of an olympic athlete.

Colin was pulled out of the pool at Life Time Fitness by Life Time lifeguards and was given CPR on friday June 13, 2008. Unfortunately, he passed away Saturday at Dell Children's Medical Center in Austin, Texas.

He had just graduated from pre-kindergarten at the Primrose School of Bee Cave. His father said he loved to play soccer and go to the beach and playing in the water. Our prayers go out to his family at this tragic time especially as this occurred father's day weekend.

Questions remain? What were the lifeguards on duty doing at the time Colin needed help?

The pertinent lifeguard rules are as follows; 1. 30 Second Rule-The Lifeguard surveys one extreme of his/her zone of responsibility to the other and back within a total of thirty seconds; 2. 10/20 Rule- Once the lifeguard identifies a potential incident (i.e. victim, hazard, risk), he/she must determine within ten seconds whether or not intervention is needed or required. If required, the lifeguard must be positioned in order to intervene within twenty seconds; and 3. 10x10 Reaction rule-The lifeguard must be able to intervene within ten seconds.

It's often the case that lifeguards on duty are often distracted by other people around the pool and are not actively following the rules they were trained to follow. We have all witnessed lifeguards talking to swimmers and others by the lifeguard stand.

No other information was released surrounding the immediate circumstances leading up to this tragic event at this time at Life Time Fitness.

We are left only with words from Colin's father, Jeffrey, "For the short time he was here, he impacted so many people, it's unbelievable, he's my hero."

Originally posted at InjuryBoard by Jesse Guerra

Pool Yard Enclosures and Pool Safety

Jesse Guerra — Fri, 23 May 2008 11:55:52 GMT

Chapter 757 (Pool Yard Enclosures) TXDHSS 265.200(b) of the Texas Health and Safety Code requires pool gates and doors to be "SELF-CLOSING and SELF-LATCHING". In plain english, a gate must close and latch on its own from any open position.

This is important because small children can easily access swimming pools if these gates do not work properly to prevent innocent small children from accessing the pool. Modern gate latches are positioned at the top of the gate and are harder to open therefore, being much safer and effective for keeping out small children.

The numerous apartment complexes and hotels operating pools without trained life guards on duty should take extra care in making sure that the gates and latches are working each day and through out the day to ensure tenants and guest safety.

If you notice that a gate is not working properly notify the manager on duty or owner of the complex or hotel immediately. A pool that does not have these in place is in clear violation of the Texas Rules on Pool Safety mentioned in The Texas department of Health and Safety Standards for Pools and Spas and must be closed until corrective action is taken to get the gates in compliance.

Originally posted at InjuryBoard by Jesse Guerra

Choosing the right Apartment-Things to keep in Mind

Jesse Guerra — Thu, 22 May 2008 14:33:07 GMT

Some things to keep in mind when looking for a place to live. Is this a safe complex? Get a run sheet on police activity for that apartment complex. Have there been a number of violent crimes or thefts in the area? Will the complex have a full time security detail on alert/patrol at all times? Does the complex have a pool that is used by the tenants and if so is that pool maintained by certified pool operators familiar with keeping the pool up to government standards?

These are just some of the important questions that need answering before you sign a lease. Your life may be at risk if you choose to rent from land lords that care nothing more about profits and rent payments rather than tenant safety. Safety should be the number one thing to keep in mind when choosing a place to live. You should know if a complex is safe or if its a crime magnet.

With regards to pools, the fact is that many pool attendees for the complex have little or no training in up keeping pools. More often than not, these pool attendees were hired for every day repairs and not to work on cleaning the pools. This can affect the way a pool is operated and whether or not a pool is safe to swim in. As a future or potential resident you should ask if the pool person is certified and if the complex has a history of drowning events or near drowning events. Ask to see the pool inspections conducted by City Health Inspectors and use that information to help you decided whether a pool is safe or has a history of failed inspections. Feel free to call the City of Corpus Christi Health Department for questions regarding commercial pools, this is public information open for your viewing.

Originally posted at InjuryBoard by Jesse Guerra

Summer Swim Season about to begin and Caution is necessary!

Jesse Guerra — Wed, 21 May 2008 10:57:57 GMT

As summer approaches and school bells ring their last bell of the year the swimming season is here. While summer time brings memories of being in the outdoors and all that entails, parents and children need to be cautious in selecting where their children go swimming.

The first thing any person should do before allowing their child to swim in a pool is to make sure that you can see the main drain at the bottom of the pool in the deepest end. This will insure that the pool meets the local water clarity standard. Water clarity is vital to a swimmer's safety and can hinder rescue efforts if a child on the bottom of the pool cannot be seen. I have now been involved in two cases where children were unable to be rescued at the bottom of a pool because the water clarity was so poor that their lifeless bodies could not be seen for over thirty minutes. According to swimming pool regulations across the country and as as we have in Texas, a pool shall not be opened if the main drain is not visible. This is because at times a pool may look safe because of a blue color, however, the main drain is still not visible. This is a clear example of an unsafe pool and swimmers should not swim in a pool that the main drain is not visible.

The next thing a person should do is make sure that the pool has safety equipment such as a shepherds hook and life ring buoy with rope so that if rescue is necessary these life saving devices are present. Swimmers should also take note of the pool and whether there are clearly marked depth markers on the pool that alert swimmers as to what part of the pool the depth is they are in.

If the main drain is not visible and/or the safety devices are not in place, notify the owner of the pool immediately and do not swim until these items are addressed by the owner or manager of the pool. Swimmers should also use their best judgement in deciding what end of the pool to swim in. Weak swimmers should use floating devices and life jackets if necessary and stay in the shallow part of the pool. Parents should also be mindful of where their children are at all times around pools and spas in the event they fall in the pool so they can be quickly rescued.

The Texas Department of Health and Safety Standards for Pools and Spas governs the rules for all pools in Texas. Each state has their own set of rules, all states require that the main drain be visible at all times and that safety equipment be present and in good working condition.

All commercial pools such as those found at apartment complexes, hotels, resorts, must strictly follow the state rules such as The Texas Department of Health and Safety Standards for Pools and Spas.

Originally posted at InjuryBoard by Jesse Guerra