Rutberg Personal Injury Law - We Help Injured People and Their Families

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Super Lawyers
Marty Rutberg
Selection for Super Lawyers is based upon such criteria as verdicts; settlements; experience; honors and awards; position within law firm; bar and/or other professional activity; community service; scholarly lectures and writings; education.

Only five percent of the attorneys in the Upstate New York area are named to the list.

Brain Injuries - Rutberg Personal Injury Law
Swimming pools can be the perfect picture of summer fun, but when they’re not properly designed, maintained and operated, they can be deadly. Over 3,000 people in the United States drown unintentionally every year. More than 1 in 4 fatal drowning victims are children 14 and younger, and for every child that dies, another 3 receive emergency-department care for submersion injuries. Of those receiving emergency care, 40% require hospitalization. In fact, drowning is the leading cause of accidental death among small children (1 to 4 years of age) and the second leading cause of death (after motor vehicle accidents) among children 1 to 14 years old.

Drownings occur in a number of places – public and private swimming pools, lakes, ponds, hot tubs, bathtubs, mop buckets and ice chests. In nonfatal cases, permanent disability occurs after the person has been submerged for over 4 minutes. This can cause the victim to experience severe neurological disabilities that can range from memory problems to being left in a vegetative state.

Unfortunately, negligence plays a part in too many drowning and near-drowning cases every year. Oftentimes proper safety measures are not in place to ensure a safe environment. In the cases of drowning at public or municipal pools, typical hazards include inadequately trained lifeguards, failure to use proper procedures to save a drowning victim and a lack of the safety equipment required to save a drowning victim.

All public and municipal pools need to comply with the minimum standards which are published by the YMCA and American Red Cross. The best-run facilities – those with the lowest rate of incident – also typically implement a comprehensive aquatic risk-management program that includes proactive standards, policies and procedures as well as extensive lifeguard training that includes annual re-licensing with CPR and First Aid and Emergency Oxygen certification.

The New York State Department of Health drowning statistics for New York State regulated facilities report:

  • 52% of all drownings were the result of improper supervision. Of those, 79% were the result of lifeguard error such as improper positioning, distractions, inadequate training or not having enough lifeguards on duty.

  • 22% of all drownings were the result of environmental problems such as water clarity, sun glare and water depth.

  • There is a high incidence of drownings that occur when low numbers of bathers are present (28% occur with less than 10 bathers).

  • Over 50% of drownings occur in water less than 5 feet in depth.
    Males are 4 Β½ times more likely to be drowning victims than females.

  • Black males and females have a significantly higher drowning rate than White and Hispanic males and females.
If you or someone you care about has been injured or drowned in a swimming pool or water-related accident, call Rutberg Personal Injury Law. We can help insure that you receive the compensation you deserve for the loss of a loved one, medical bills, lost wages, pain and suffering, and all other costs.

DID YOU KNOW?

  • In 2004 there were 3,308 unintentional drownings in the United States, an average of 9 people per day (CDC 2006).
        • U.S. Centers for Disease Control and Prevention

  • In 2004, of all children 1 to 4 years old who died, 26% died from drowning (CDC 2006). Fatal drowning remains the second-leading cause of unintentional injury-related death for children ages 1 to 14 years (CDC 2005).
        • U.S. Centers for Disease Control and Prevention

  • It is estimated that for each drowning death, there are 1 to 4 nonfatal submersions serious enough to result in hospitalization. Children who still require cardiopulmonary resuscitation (CPR) at the time they arrive at the emergency department have a poor prognosis, with at least half of survivors suffering significant neurologic impairment.
        • American Academy of Pediatrics

  • 19% of drowning deaths involving children occur in public pools with certified lifeguards present.
        • Drowning Prevention Foundation

  • A swimming pool is 14 times more likely than a motor vehicle to be involved in the death of a child age 4 and under.
        • Orange County California Fire Authority

  • Children under 5 and adolescents between the ages of 15 and 24 have the highest drowning rates.
        • U.S. Centers for Disease Control and Prevention

  • An estimated 5,000 children ages 14 and under are hospitalized due to unintentional drowning-related incidents each year; 15 percent die in the hospital and as many as 20 percent suffer severe, permanent neurological disability.
        • National Safety Council

  • Of all preschoolers who drown, 70 percent are in the care of one or both parents at the time of the drowning and 75 percent are missing from sight for five minutes or less.
        • Orange County Fire Authority (California)
RELATED LINKS The New York State Department of Health drowning statistics for New York State - regulated facilities report (detail):

52% SUPERVISION: Lifeguard (79%), Signage (7%), Responsible Person (6%), Other (8%)

Lifeguard Supervision Contributing Factors (1987 – 2001)

Lifeguard Distracted
Lifeguard Positioning
Improper Procedure
Inadequate Number of Lifeguard
Absence of Lifeguard
Insufficient Adult Supervision
Lack of Buddy System
24%
21%
12%
11%
10%
11%
11%

Lifeguard Supervision Detail (2002 – 2003)

Unobserved Submersion
Intrusion – Other Duties
Improper Procedure – Delayed CPR
Skills – Panicked, Fatigue, Unable to Reach Bottom
Positioning – Blind Spot
Distracted – Chair Change, Search
Inadequate Number of Lifeguards
Inadequate Surveillance
22%
17%
17%
17%
9%
9%
4%
4%

22% ENVIRONMENT: Water Clarity (32%), Glare (18%), Current (18%), Depth (16%), Bottom Conditions (11%), Other (5%)

26% VICTIM: Seizure (28%), Disability (24%), Drugs/Alcohol/Medication (20%), Other Medical (20%) Other (8%)


American Association For Justice
Rutberg Personal Injury Law - New York