In the United States, an average of ten people die from unintentional drowning each day, and two of the ten represent children aged 14 and under. Sixty percent of fatal child drownings occur in swimming pools, and the question of lifeguard effectiveness has come under scrutiny. Berkowitz and Hanna LLC is keeping an eye on a lawsuit relating to a recent child drowning in Lexington, Kentucky where two lifeguards were responsible for overseeing twelve children.
When someone’s death is caused by the negligent and reckless acts of another, the victim’s family may be entitled to receive compensation for damages and suffering in a wrongful death lawsuit. Negligence and unsafe conditions are the allegations made by parents of Ricky Harris III, who died in a Transylvania University swimming pool. According to the family, the math simply does not compute: there were 2 lifeguards on duty, with only 12 campers to oversee. Armed with surveillance video showing that one lifeguard was distracted while Ricky Harris lay at the bottom of the pool for more than ten minutes unnoticed, the parents filed suit against the university, camp counsellor and the two lifeguards. The family is seeking both compensatory and punitive damages.
Berkowitz and Hanna LLC has seen enough cases to know that many drownings and water injury accidents are completely avoidable, if sound safety measures are put in place and, most importantly, enforced. This case is one worth watching.
Note: Berkowitz and Hanna LLC did not represent any of the parties in this case.
Photo by Nathania Johnson via Flickr.com