Serious Personal Injury Lawyers Blog

In 2003, there were 3,306 unintentional fatal drownings in the United States, averaging nine people per day. This figure does not include drownings in boating-related incidents. (CDC 2005) In 2003, males accounted for 80% of fatal drownings in the United States (CDC 2005). In 2003, 782 children ages 0 to 14 years died from drowning (CDC 2005) Drowning is the second-leading cause of injury-related death among children under the age of 15. 19% of drowning deaths involving children occur in public pools with certified lifeguards present. 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. An estimated 5,000 children ages 14 and under are hospitalized due to unintentional drowning-related incidents each year; 15% die in the hospital and as many as 20 percent suffer severe, permanent neurological disability. Of all preschoolers who drown, 70% are in the care of one or both parents at the time of the drowning and 75% are missing from sight for five minutes or less. Studies showed that on average, it took one minute and 14 seconds for lifeguards to spot the manikin. Lifeguards noted the presence of the manikin on only 46 occasions, or in 9% of the tests within 10 seconds, and in 30 seconds or less in 43% of the tests. In 41% of the tests it took over one minute; it took more than three minutes in 14% of the tests.

On September 3, 2007 the Washington Post ran an editorial entitled “Blind Injustice.” The Post editorial is consistent with the position of this law firm regarding the District of Columbia’s decision to send a bill to people that were injured as a result of their negligence. The Washington Post has argued that billing abused individuals in the group home system, which houses developmentally disabled wards of the District of Columbia, or, mentally ill patients of the St. Elizabeth’s Hospital is wrong. The Post editorial opines that the District of Columbia’s current effort to bill our client more than $2.2 million for the “care” provided to him is wrong. During the time that they were supposed to care, they instead freed the demons that they knew were crying out for release permitting him to tear his eyes out. Our client repeatedly advised the District of Columbia doctors and they well knew of the risks of doing exactly what their staff did. Those risks should have been protected. We agree with the Washington Post that Mr. Harris should not now be billed for the “care” the District of Columbia failed to provide. Click here to see the September 3, 2007 Washington Post editorial entitled, “Blind Injustice.”

by Ira Sherman