Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Thursday, September 3, 2009
$3.8 million Awarded in Pool Drowning
Friday, July 31, 2009
4 Tips for Preventing Spinal Cord Injury While Diving
Thursday, July 16, 2009
Good Samaritans Too Easily Become Drowning Victims: Prevent Tragedy on Your Next Pool or Lake Outing
Monday, June 22, 2009
“Hot Enough For You?” Federal Law Closes Down Some Georgia Pools
An Alabama jury ruled last week that a Montgomery, AL hotel and its manager must pay $3.8 million in the drowning death of a 19-year-old football player on its premises.
Derrick Marshall had proven himself as an outstanding high school receiver and was getting ready to start a promising career on the Alabama State University football team. But that promising future was cut short when Marshall drowned in the pool in the former King’s Inn hotel on July 29, 2007.
The pool where Marshall drowned had been closed 11 days earlier by county health officials due to water turbidity (i.e. cloudiness or smokiness in the water, indicating some kind of bacteria or other contaminant.) According to the suit, even though the pool was shut down, workers at the hotel told Marshall and his party, attending a family reunion, that they could use the pool. According to witnesses, maintenance workers even bent the chain the county had used to close the pool, and then propped the door open to allow easier access to the contaminated pool for guests.
Marshall, who was, according to his mother, an accomplished swimmer, disappeared into the deep end of the pool. Due to the pool water’s turbidity, rescuers were unable to find Marshall’s body for about 12 minutes in the cloudy water. EMS workers did manage to finally pull him from the pool and revive him. But Marshall’s story was not slated for a happy ending. He was hospitalized and lingered in a vegetative state for three months before dying in November 2007 at just age 20.
The hotel claimed that they had not provided access to the contaminated pool and that Marshall could not swim and therefore was reckless in going into the deep end. But hotel workers backed up the claim that yes, maintenance workers had allowed guests to use the pool that day. And a pool drowning expert, noting again that Marshall was a strong swimmer, posited that Marshall had suffered from a “laryngospasm” (an involuntary contraction that causes the windpipe to shut down to prevent water rushing into the lungs, which can result in unconsciousness), which caused him to pass out. Further, the hotel had no rescue equipment or procedures in place in case of an accident.
Ultimately the jury deliberated only 39 minutes at the close of the seven day trial before finding the hotel and its manager, Tamara Mitchell, liable for negligence and wrongful death. Mitchell, though not on the premises at the time, was found guilty because it was ruled that she was directly responsible for the actions of her staff.
In his closing argument, plaintiff’s attorney Josh Wright asked the jury to award compensatory damages from the time of injury to the time of death, as well as punitives for Marshall’s wrongful death. The jury awarded $766,000 in compensatory damages and $3 million in punitive damages.
“We instructed them they would have the ability to award punitives for negligent conduct, and to send a message and deter the conduct of this defendant and other similarly situated public pool operators,” Wright said.
That Alabama jury did send a powerful message to premises operators who would be neglectful of the safety of guests on their premises. If you or anyone you know has been the victim of an accident in a public place or on commercial property, call MLN Law at 404-531-9700 to schedule a free consultation.
Derrick Marshall had proven himself as an outstanding high school receiver and was getting ready to start a promising career on the Alabama State University football team. But that promising future was cut short when Marshall drowned in the pool in the former King’s Inn hotel on July 29, 2007.
The pool where Marshall drowned had been closed 11 days earlier by county health officials due to water turbidity (i.e. cloudiness or smokiness in the water, indicating some kind of bacteria or other contaminant.) According to the suit, even though the pool was shut down, workers at the hotel told Marshall and his party, attending a family reunion, that they could use the pool. According to witnesses, maintenance workers even bent the chain the county had used to close the pool, and then propped the door open to allow easier access to the contaminated pool for guests.
Marshall, who was, according to his mother, an accomplished swimmer, disappeared into the deep end of the pool. Due to the pool water’s turbidity, rescuers were unable to find Marshall’s body for about 12 minutes in the cloudy water. EMS workers did manage to finally pull him from the pool and revive him. But Marshall’s story was not slated for a happy ending. He was hospitalized and lingered in a vegetative state for three months before dying in November 2007 at just age 20.
The hotel claimed that they had not provided access to the contaminated pool and that Marshall could not swim and therefore was reckless in going into the deep end. But hotel workers backed up the claim that yes, maintenance workers had allowed guests to use the pool that day. And a pool drowning expert, noting again that Marshall was a strong swimmer, posited that Marshall had suffered from a “laryngospasm” (an involuntary contraction that causes the windpipe to shut down to prevent water rushing into the lungs, which can result in unconsciousness), which caused him to pass out. Further, the hotel had no rescue equipment or procedures in place in case of an accident.
Ultimately the jury deliberated only 39 minutes at the close of the seven day trial before finding the hotel and its manager, Tamara Mitchell, liable for negligence and wrongful death. Mitchell, though not on the premises at the time, was found guilty because it was ruled that she was directly responsible for the actions of her staff.
In his closing argument, plaintiff’s attorney Josh Wright asked the jury to award compensatory damages from the time of injury to the time of death, as well as punitives for Marshall’s wrongful death. The jury awarded $766,000 in compensatory damages and $3 million in punitive damages.
“We instructed them they would have the ability to award punitives for negligent conduct, and to send a message and deter the conduct of this defendant and other similarly situated public pool operators,” Wright said.
That Alabama jury did send a powerful message to premises operators who would be neglectful of the safety of guests on their premises. If you or anyone you know has been the victim of an accident in a public place or on commercial property, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: drowning, premises liability, water safety
Last month, the MLN Law blog reported on Matthew Blaylock, a Metro Atlanta athlete who suffered a spinal cord injury after diving into the shallow end of a swimming pool. A recent report in the Cincinnati, Ohio Middletown Journal brought to light some important information on the devastating impact of spinal cord injuries such as the one Blaylock, a promising athlete with a scholarship and a college football career ahead of him, suffered back in May.
When a person dives head first into water that is too shallow, a spinal cord injury can occur. In most shallow diving incidents when the diver’s head hits bottom the vertebrae that encircle the spinal cord can actually collapse. Sometimes the spinal cord is so severely damaged that it is no longer able to transmit nerve impulses to and from the brain. In that case, paralysis occurs.
“Witnessing a life-altering injury of this kind is probably the most tragic and preventable event I see,” Dr. Charles Kuntz, IV, a neurosurgeon at the University of Cincinnati Neuroscience Institute and the Mayfield Clinic told the Middletown Journal. “With one unfortunate decision, the life of a healthy young person is utterly transformed. The individual is likely to be dependent on machines for the rest of his or her life.”
According to the National Spinal Cord Injury Statistical Center at the University of Alabama at Birmingham, an estimated 11,000 spinal cord injuries occur in the United States each year. Males suffer 81.2 percent of these injuries, and diving is the fourth leading cause of spinal cord injury among males.
The sad fact is that Kuntz is correct. Spinal cord injuries as the result of diving into shallow water are one of the most preventable accidents out there. Parents, teachers, camp counselors and anyone who swims should take note of these few simple tips to prevent a spinal cord injury due to shallow diving:
1.) Never dive into water less than 10 or 12 feet deep. There is little chance of a diver hitting his or her head on a hard surface in deep water.
2.) When diving into a body of water of unknown depth, always test the waters by first diving in feet first. This simple test can prevent spinal cord injury and save lives.
3.) Follow “No Diving” warnings at public pools. Public pools are highly regulated and those warning signs are there because officials have calculated that the pool is not deep enough for diving.
4.) Never dive into an above ground pool. Above ground pools are rarely, if ever, deep enough for diving. Further, rocks and the hard ground beneath above ground pools are a spinal cord injury hazard.
It’s hot out there this summer and when there’s a pool or lake nearby, it’s certainly tempting to dive in as quickly as possible. But think safety first and don’t risk your life or your mobility for a quick dip.
When a person dives head first into water that is too shallow, a spinal cord injury can occur. In most shallow diving incidents when the diver’s head hits bottom the vertebrae that encircle the spinal cord can actually collapse. Sometimes the spinal cord is so severely damaged that it is no longer able to transmit nerve impulses to and from the brain. In that case, paralysis occurs.
“Witnessing a life-altering injury of this kind is probably the most tragic and preventable event I see,” Dr. Charles Kuntz, IV, a neurosurgeon at the University of Cincinnati Neuroscience Institute and the Mayfield Clinic told the Middletown Journal. “With one unfortunate decision, the life of a healthy young person is utterly transformed. The individual is likely to be dependent on machines for the rest of his or her life.”
According to the National Spinal Cord Injury Statistical Center at the University of Alabama at Birmingham, an estimated 11,000 spinal cord injuries occur in the United States each year. Males suffer 81.2 percent of these injuries, and diving is the fourth leading cause of spinal cord injury among males.
The sad fact is that Kuntz is correct. Spinal cord injuries as the result of diving into shallow water are one of the most preventable accidents out there. Parents, teachers, camp counselors and anyone who swims should take note of these few simple tips to prevent a spinal cord injury due to shallow diving:
1.) Never dive into water less than 10 or 12 feet deep. There is little chance of a diver hitting his or her head on a hard surface in deep water.
2.) When diving into a body of water of unknown depth, always test the waters by first diving in feet first. This simple test can prevent spinal cord injury and save lives.
3.) Follow “No Diving” warnings at public pools. Public pools are highly regulated and those warning signs are there because officials have calculated that the pool is not deep enough for diving.
4.) Never dive into an above ground pool. Above ground pools are rarely, if ever, deep enough for diving. Further, rocks and the hard ground beneath above ground pools are a spinal cord injury hazard.
It’s hot out there this summer and when there’s a pool or lake nearby, it’s certainly tempting to dive in as quickly as possible. But think safety first and don’t risk your life or your mobility for a quick dip.
Labels: spine injury, water safety
It’s always a sad day when someone dies due to a senseless accident, but possibly even more tragic is when someone loses their life while trying to save another. This was the case in two unrelated Georgia incidents last week.
Ngoc Minh Vo, a 24-year-old Stone Mountain woman, died after attempting to save a younger relative from drowning in Lake Lanier. In the struggle, she was submerged for 12 minutes. The six-year-old relative was resuscitated. A similar incident occurred that same weekend at Callaway Gardens. Rico Cruz, a 21-year-old East Point man, died after attempting to save a young boy struggling to stay afloat in Robin Lake. The boy was rescued by another swimmer, but Cruz drowned.
While a person’s first instinct may be to jump into the water and attempt to rescue a drowning victim, this can be extremely dangerous. Only people with rescue or lifeguard training should attempt to rescue someone in the water. Drowning people are working on pure instinct. They are fighting for their lives and will not hesitate to unknowingly pull a rescuer down under with them if it means the chance to survive. And often, the rescuer panics just as much as the drowning victim and jumps into the water when another method could work. If you are ever in the unfortunate position of witnessing a potential drowning, instead of jumping into the water, throw the drowning victim a floatation object attached to a rope or use a long pole to help that person reach safety.
Don’t attempt to be a Good Samaritan and end up a drowning victim. As these two recent Georgia incidents showcased, tragedy can strike all too easily. If you spend a lot of time in or near the water, consider taking a water rescue class and other pertinent first aid training, such as CPR.
When it comes to safety, prevention is always the best course. Please see these Water Safety Tips to ensure a fun, incident-free summer for the whole family.
Ngoc Minh Vo, a 24-year-old Stone Mountain woman, died after attempting to save a younger relative from drowning in Lake Lanier. In the struggle, she was submerged for 12 minutes. The six-year-old relative was resuscitated. A similar incident occurred that same weekend at Callaway Gardens. Rico Cruz, a 21-year-old East Point man, died after attempting to save a young boy struggling to stay afloat in Robin Lake. The boy was rescued by another swimmer, but Cruz drowned.
While a person’s first instinct may be to jump into the water and attempt to rescue a drowning victim, this can be extremely dangerous. Only people with rescue or lifeguard training should attempt to rescue someone in the water. Drowning people are working on pure instinct. They are fighting for their lives and will not hesitate to unknowingly pull a rescuer down under with them if it means the chance to survive. And often, the rescuer panics just as much as the drowning victim and jumps into the water when another method could work. If you are ever in the unfortunate position of witnessing a potential drowning, instead of jumping into the water, throw the drowning victim a floatation object attached to a rope or use a long pole to help that person reach safety.
Don’t attempt to be a Good Samaritan and end up a drowning victim. As these two recent Georgia incidents showcased, tragedy can strike all too easily. If you spend a lot of time in or near the water, consider taking a water rescue class and other pertinent first aid training, such as CPR.
When it comes to safety, prevention is always the best course. Please see these Water Safety Tips to ensure a fun, incident-free summer for the whole family.
Labels: Georgia, safety, swimming pool safety, water safety
It was a sweltering in Atlanta over the weekend and when the weather is this hot there’s almost nothing more relaxing than a dip in the pool. But many familiar swimming pools in Georgia and all over the country were closed down last weekend due to some serious safety concerns.
Last year a new federal law took effect that requires all public pools and hot tubs to meet a new safety standard when it comes to the suction generated by their drains. Some Metro Atlanta operators are having trouble complying. One Rockdale County public pool is closed and the Georgia Department of Natural Resources has had to close at least six pools because they simply do not have the funds to update the pool’s older drains. Apartment complexes, subdivisions, and swimming clubs are all subject to the new law, though because there is no central clearinghouse for information it is unknown how many Georgia pools are closed altogether. For some Georgians, a refreshing swim is being sacrificed for safety, at least for the near future.
Angry that your pool is closed? Read on and you may change your mind.
The “Virginia Graeme Baker Pool and Spa Safety Act” stems from a tragic incident that occurred back in 2002. Seven-year-old Virginia Baker, the granddaughter of former Secretary of State James Baker III, dove into a hot tub and was sucked under the water by a powerful drain. It took two men to break the drain’s grating and get her to the surface, but they were too late. Pool-safety lobbyists cited the Baker tragedy when promoting the new act, and in late 2007 Georgia W. Bush signed the bill into law.
Compliance with the new law will significantly increase the safety of pool drains. Operators will be required to replace typical drain covers with grates that lessen drain’s dangerous suction. Other pools may be required to make other changes, such as the expensive process of lowering sump pumps into a pool’s floor to reduce suction, a process that can cost pool operators thousands of dollars but will ultimately save lives.
Other modifications include covers that prevent long hair from getting caught in drains. The Consumer Product Safety Commission (CPSC) reported several incidents of hair getting caught in drains and causing the bathers head to be held underwater. These new drain covers would prevent such horrific accidents in the places where they are the most likely to occur – hot tubs.
Are you concerned about pool safety in your area? Ask your pool operator if their pool is in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. Pools with the proper grated drain cover will bear a seal of approval bearing witness that they meet the new standards.
Is your pool still open? Stay safe this summer with these water safety tips for the whole family.
Georgians, have you noticed any closed swimming pools in your area? Let other readers know in the comments.
Last year a new federal law took effect that requires all public pools and hot tubs to meet a new safety standard when it comes to the suction generated by their drains. Some Metro Atlanta operators are having trouble complying. One Rockdale County public pool is closed and the Georgia Department of Natural Resources has had to close at least six pools because they simply do not have the funds to update the pool’s older drains. Apartment complexes, subdivisions, and swimming clubs are all subject to the new law, though because there is no central clearinghouse for information it is unknown how many Georgia pools are closed altogether. For some Georgians, a refreshing swim is being sacrificed for safety, at least for the near future.
Angry that your pool is closed? Read on and you may change your mind.
The “Virginia Graeme Baker Pool and Spa Safety Act” stems from a tragic incident that occurred back in 2002. Seven-year-old Virginia Baker, the granddaughter of former Secretary of State James Baker III, dove into a hot tub and was sucked under the water by a powerful drain. It took two men to break the drain’s grating and get her to the surface, but they were too late. Pool-safety lobbyists cited the Baker tragedy when promoting the new act, and in late 2007 Georgia W. Bush signed the bill into law.
Compliance with the new law will significantly increase the safety of pool drains. Operators will be required to replace typical drain covers with grates that lessen drain’s dangerous suction. Other pools may be required to make other changes, such as the expensive process of lowering sump pumps into a pool’s floor to reduce suction, a process that can cost pool operators thousands of dollars but will ultimately save lives.
Other modifications include covers that prevent long hair from getting caught in drains. The Consumer Product Safety Commission (CPSC) reported several incidents of hair getting caught in drains and causing the bathers head to be held underwater. These new drain covers would prevent such horrific accidents in the places where they are the most likely to occur – hot tubs.
Are you concerned about pool safety in your area? Ask your pool operator if their pool is in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. Pools with the proper grated drain cover will bear a seal of approval bearing witness that they meet the new standards.
Is your pool still open? Stay safe this summer with these water safety tips for the whole family.
Georgians, have you noticed any closed swimming pools in your area? Let other readers know in the comments.
Labels: child safety, swimming pool safety, water safety
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