Corpus Christi Personal Injury Lawyer - Wrongful Death

Swimming Pool Accident Lawyer Jesse Guerra Discusses Indianapolis Apartment Complex Drowning

Jesse E. Guerra Jr. — Fri, 25 Sep 2009 11:54:09 GMT

According to several news stories, a three year old boy drowned Tuesday afternoon after gaining access to the complex pool. Little is known how the boy got into the fenced area www.wishtv.com/dpp/news/local/marion_county/Mother_of_drowned_toddler_speaks_out_20090924.

However, a news video clearly shows the pools defects that may have allowed easy access to this innocent toddler found floating in the pool by his mother.

State laws that regulate pools in the state require fences. While a fence did exist at the pool. The question that remains is was this enclosure secure? Investigation will surely follow. Our firm handles pool cases every day and many of which have involved fence enclosures. We have a national reputation for representing victims in situations such as this one.

It should also be noted that state apartment associations generally provide guidance for property owners to prevent accidents such as the one at issue here. If anyone would like more information about what can be done in these situations or about pool safety we can be reached at www.injuryboard.com or feel free to visit our website at www.swimmingpoolaccidentlawyer.com

It has also been determined that some changes have been made to the enclosure to ensure this does not happen again. However, the change comes too little too late.

Originally posted at InjuryBoard by Jesse E. Guerra Jr.

Eric Saldana of New Mexico drowns at Wet 'n Wild Water Park

Jesse Guerra — Mon, 18 May 2009 15:54:56 GMT

According to news reports, 14-year old Eric Saldana of Chaparral New Mexico drowned at the Wet 'n Wild pool last Friday during a school field trip. Park officials said that the park was equipped with lifeguards that day.

He was found at the bottom of the volcano pool just inside the park www.kvia.com/Global/story.asp. Accounts of the event were being given by witnesses and lifeguards from the facility. My questions that need to be answered were what were the lifeguards doing and was the park overcrowded with too many students. There were several schools there that day for field trips.

If you have a weak swimmer that gets into trouble, the lifeguards should begin to take action immediately to save that individuals life. How long was he under before he was found? Another question that should be answered by all. I hope the family finds answers to what went wrong at that once again the importance of swimming pool safety and design is brought to light. For more information about lifeguards and pool issues you can visit our site at www.swimmingpoolaccidentlawyer.com.

As a swimming pool safety lawyer these cases are what we work on daily. It is important that the people involved be truthful and forthcoming with any and all information for the benefit of finding out how this tragedy could have happened with lifeguards on staff and chaperones watching the kids. It has similar facts to another tragic case out of Port Aransas, Texas involving a resort and students on a band trip that our firm was involved in.

Other questions that may follow may be who planned the trip? Was a tour guide used? What was the history of the water park and has this happened there before? Was there adequate staffing? What about the volcano pool? Was it designed in such a way that it prevented him from being seen? What was the clarity of the water and did it prevent him from being seen or rescued for some time? All this should be examined during the investigation by authorities and may help solve this case.

In the end the truth of what took place will surface. My prayers go out to the family and all the students who witnessed this horrible tragedy.

Originally posted at InjuryBoard by Jesse Guerra

Woman Sues General Motors For Wrongful Death

Chrissie Cole — Fri, 17 Apr 2009 23:06:00 GMT

General Motors is named in a wrongful death lawsuit filed by a woman who claims her daughter’s death was caused by GM’s defective seat belts.

The suit, filed April 7 in the Eastern District of Texas by Patricia Seals, wrongful death beneficiary and representative of the estate of her daughter, seeks in excess of $75,000 from GM for emotional pain and suffering, medical expenses, funeral, lost earnings and more.

The complaint alleges Karen Seals was the front seat passenger in a 1998 Chevrolet Cavalier when the vehicle was in a collision on June 13, 2008.

Karen Seals was using the available seat belt restraint, the suit states, but during the collision the "webbing of the seat belt restraint system ripped," leaving Karen unrestrained. The plaintiff alleges that the seat belt failure was the proximate cause of the serious injuries from which Karen Seals died.

The plaintiff brings strict liability claims and negligence claims on behalf of Karen Seals.

"Defendant's defective products and their conduct were proximate and/or producing causes of the death of Karen Beth Seals and all damages to Plaintiff set forth herein," the complaint states.

The lawsuit alleges the vehicle, including the restraint system, was not properly designed to offer adequate occupant protection or restraint in foreseeable crashes. The suit also claims GM is negligent in testing the Cavalier and its components to ensure occupant protections were in place.

Originally posted at InjuryBoard by Chrissie Cole

Texas Safety Lawyer Discusses Las Vegas Nevada Toddler Day Care Drowning

Jesse Guerra — Tue, 20 Jan 2009 10:20:15 GMT

Officers continue to investigate the drowning of a one-year old boy who drowned while under the supervision of a Las Vegas Nevada Day Care called Marisela's Family Day Care on tuesday January 13, 2009 at around 3:15 pm. Another toddler was also rescued from the pool and was recovering in a local hospital.

Jordan Williams, the deceased toddler, was 18 months old according to news reports. Under Nevada laws, licensed day care facilities must follow strict codes for safety. One issue that is being investigated is why no fence was around the pool. According to a Nevada News TV station, the toddlers somehow got out of the home and ended up in the pool.

The owners of the Day Care Facility, Marisela and Ramon Carvejal were licensed and did have the proper permits at the time of the incident, however, the accident remains under criminal investigation.

These sad details only remind us of how important it is for day cares and other facilities being paid to watch over children need to be on alert at all times. These innocent toddlers wandered curiously into the back yard as children often do. They were drawn to the water completely unaware of the danger that lurked below. Day Cares owe a special duty to supervise the children and protect them from known dangers. Something went wrong here and it seems more likely than not, that negligence and maybe even gross negligence, may be at play here for failing to properly supervise the children who fell into the pool.

To date the criminal investigation continues into what really happened.

Originally posted at InjuryBoard by Jesse Guerra

Mother Files Law Suit Against Vista Bonita Apartments For Son's Drowning

Jesse Guerra — Fri, 05 Dec 2008 13:27:58 GMT

The Mother of a two year old boy, Conar Mathew Rose, has filed suit against the Vista Bonita Apartment Complex and its Owner, Nanik Bhagia alleging gross negligence for failing to maintain the fence surrounding the pool and murky water conditions that hindered rescue efforts. According to witnesses, the boy crawled through the fence because of missing pickets and ended up in the pool. The boy drowned and was pronounced dead on the scene. Texas Safety Lawyer, Jesse E. Guerra Jr. of the Law firm Hilliard & Munoz LLP, a firm who has carved a legal niche in swimming pool safety cases, has filed a wrongful death suit in Harris County seeking damages for the wrongful death of Rose.

According to the Houston Chronicle, the owner had been under scrutiny for the deplorable conditions of the complex and had received many citations urging that safety concerns be immediately addressed by Bhagia, the owner of the complex.

The Vista Bonita Apartment Complex, located in Houston, Texas was a low income complex that has received city wide attention as far up as the Mayor of Houston urging that conditions be improved and remedied immediately. According to The Texas Department of Health and Safety Standards, the fence enclosure shall not have any openings allowing the passage of a 4 inch diameter. Soon after the drowning, the complex had a welder out repairing and welding new pickets, as several of the pickets had been missing and left open for some time, according to eye witness accounts.

Several residents have acknowledged that they had given actual notice to the complex management staff and the owner of the dangers surrounding the pool area and the murky water condition in the pool that may have prevented rescuers from saving the boy who had fallen in the pool.

Originally posted at InjuryBoard by Jesse Guerra

Family Settles Law Suit against Port Royal Ocean Resort

Jesse Guerra — Thu, 04 Dec 2008 18:20:39 GMT

On December 02, the Bailey family settled a law suit that was pending in Nueces County for the wrongful death drowning of their deceased daughter, Toynelle Bailey, against Port Royal Ocean Resort in Port Aransas Texas. The terms of the settlement were confidential. The other defendant in the case, Tour-Rific of Texas, a company that planned the high school band trip that Toynelle participated in and reason why she was there, was kept in the law suit as lawyers for both sides declined to settle that part of the case.

In their suit the Baileys alleged that Port Royal was negligent of their swimming pool maintenance and failed to hire lifeguards which resulted in Toynelle's drowning at the resort. Toynelle was visiting the resort while on a trip with her high school band, The Mighty Eagle Band, who was scheduled to play in the Buc Day's Parade on May 05, 2008.

In the settlement the Baileys agreed to release all claims against Port Royal in return for a confidential settlement. Port Royal did not acknowledge that they were in fact negligent as a result of the settlement. Attorneys for the family, Robert C. Hilliard and Jesse E. Guerra Jr. of the law firm Hilliard and Munoz LLP, a firm that specializes in swimming pool drowning cases also have a pending suit against the resort for the drowning of four year old, Miles Tafolla, who drowned at the resort in June of 2006.

Originally posted at InjuryBoard by Jesse Guerra

Estate Files Asbestos Lawsuit

Chrissie Cole — Sun, 24 Aug 2008 11:08:00 GMT

An asbestos lawsuit has been filed by the estate of a Nevada man, in Madison County, alleging his disease was wrongfully caused.

George C. Davis died on July 25 as a result of mesothelioma, according to the complaint.

Court documents state he was employed from 1951 to 1983 as an engineer at several locations in Colorado, Illinois, New Jersey and Texas.

Davis’ estate claims the defendants failed to provide adequate instructions concerning safe methods of working with asbestos. The suit seeks damages in excess of $150,000.

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Originally posted at InjuryBoard by Chrissie Cole

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