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My name is Andrew Alex with Alex & Associates Personal Injury Law Firm in Phoenix AZ.
And, I wanted to discuss swimming pool accidents.
Here we are in December,
and yet just a day or so ago
a little 16-month old girl
was critically injured in a swimming pool
accident. Often times
we think of swimming accidents as only occurring in the summer. Why?
Because what when people seem to use their swimming pools
and are most
aware of water safety.
But, every year
we lose approximately 20 children
to swimming pool accidents.
And many of these accidents occur
not in the summer, but in the cooler months,
the fall and the winter ... and even early spring.
And typically it is because swimming pool owners let their guard down,
they're just not as conscious at the time
of the dangers that swimming pools present the children.
From a children's perspective a swimming pool is an attractive nuisance. They're unaware of
the danger.
And, how do these accidents occur?
In some
communities ... cities
in Maricopa County
swimming pool fences aren't required.
So there's no enclosure to
prevent accidents.
But, even when a
city ordinances require for a
fence and self closing gates,
in the winter sometimes those gates are left open. Landscapers prop them open, homeowners
prop them open when they're doing some type of maintenance or
lawn services, planting flowers.
Children want to play. Sometimes, they open those gates for whatever reason,
and forget to close them.
And, so here you have now
an accident waiting to happen.
And, unfortunately, if an accident can happen,
oftentimes it will happen with unintended,
but tragic events.
Swimming pool accidents
are always a concern to me.
Every year here in Maricopa County alone
we lose approximately 20 children
to these tragic swimming pool accidents.
Over and above,
the fatalities
well over a hundred children
are injured. Some of them very seriously
that changes the landscape of their life ...
really forever.
And what strikes me is
many people, many homeowners,
and parents
are pretty diligent
about water safety
during the summer months.
Probably,
because the swimming pools are used,
during the summer.
But, many of these tragedies
occur
during the cool weather ...
in the fall ...
and in the winter ...
because people are thinking about their swimming pools.
And, yet there they are
they exist
most of them are
water-filled the the entire season
and year 'round.
Even those folks who drain their pool,
water collects from rain water
at the bottom
and that's all it takes.
It seems like if an accident
can happen, it will happen. It almost
always is
such a tragic event.
So what happens
if we have one of these tragic events that occurs to you?
If a child
is injured or worse,
on somebody else's property,
maybe a relatives' or a babysitter's property,
even a commercial
child care center ...
you have a claim --
Either a liability claim or a homeowner's claim.
That claim should be brought forward, because the child
can't bring the claim on their own.
And do not be
surprised
if the insurance company denies the claim on some grounds, or
even blames you ...
or makes you feel guilty ...
this this accident occurred.
Don't buy into that.
You have to think of the child first. The child often needs
physician bills paid, hospital bills paid, physical therapies and
they're entitled to compensation
for what occurs to them.
If the injury
occurs or tragedy occurs
on your property
your child may have a claim.
It sounds counter-intuitive, but
the claim may be against you. And,
the way we typically do it is to have a guardian ad litem appointed for the child.
That just means means an independent person.
It's very inexpensive,
that will bring the claim against the homeowner's insurance.
We have to read the homeowner's insurance policy to make sure there are no exclusions.
But, the same considerations apply.
We want to make sure that
that your child receives the
best medical care
the best physical therapy care
and any counseling that the child might need
so the child has the best opportunity
to minimize the consequences of that event
and live a full, productive life.
Here at Alex & Associates we are well
equipped to handle
swimming pool accidents.
We've been doing it for twenty five years.
If one of these events should occur in your life,
please feel free to call us at 602-971-1775. Thank you.