8-Month Old Drowned in Bathtub

I really hate writing about these horrible accidents, but the more I read about them, the more I feel like I have to continue to spread this knowledge. If this helps just one family, if just one person who reads it changes their methods, the less often these accidents will happen. So please, keep reading.

An infant died last month after drowning in a bathtub at his grandmother’s house in Phoenix. Apparently there was a party going on and the 8-month-olds mother laid him in the empty tub for a nap. After about 20 to 30 minutes the baby was found submersed in water. Family members began CPR and fire officials took over when they arrived. The baby was not breathing and had no pulse when he arrived at the hospital. He was later pronounced dead.

According to Fire captain Alex Rangel there were several families there and children from 3 to 6 years old. As of right now, officials either do not know or are not divulging how the tub became filled with water.

This is one of the most terrible incidents I have heard recently, and one that will haunt this family forever. I do not want to sound callous in any way, however, in the hopes of preventing another tragedy like this one, I am going to say what some may feel I shouldn’t: What were these people thinking? Is there anyone reading who has ever thought the bathtub might be a good place to put your baby down for a nap? Stop right now and map out your thought process….

I have three (3) children, and fully understand what goes through a parent’s mind when away from home and your baby needs to nap. But never in my life did I think, hey, this bowl which is meant to hold water and has a water tap would be a good place to leave my child. I know people probably think, “well, an 8-month-old could never manipulate a faucet so why not?” OK, ummmm---I don’t care!!! Not a good idea! There are others in the house. There are little kids in the house. Nothing good can come from this. Nothing.

As adults it is our responsibility to think of the worst possible scenario when it comes to the safety of our children. Regardless of how “safe” it might seem, haven’t we all heard enough horror stories of child drowning incidents to give us 100% pause when we are around water with our kids?

Let me be clear on this by saying it one more time: A bathtub is not an acceptable place to lay your child down for a nap!!

If someone else is watching your child and something like this happens they may be negligent please seek professional legal help.  Parents trust that day care providers, baby sitters, teachers, and coaches will protect and supervise their children while in their care. When adults fail to supervise and adequately protect your children, they can be held liable if your child suffers serious injury.

Our deepest sympathies go out to this family. I cannot imagine their grief and pain, and sincerely hope that this is the last time that this ever happens.

Three Children In Hospitals After Nearly Drowning Last Week.

Paramedics were called to a Paradise Valley home on Sunday after a 4-year-old nearly drowned. The boy’s mother was with him by the pool but somehow became distracted long enough for him to enter the pool. When the mother found the boy she pulled him from the water, called 911, and began CPR. He was taken to the hospital.

A 5-year-old girl and her 2-year-old brother were pulled from their backyard pool on Saturday. The parents were inside the house painting when the father realized the children were gone. The father went to look for them in the backyard and found them both under the water. When the paramedics arrived they found the boy breathing on his own but had to begin CPR on the girl. Both children were airlifted to the hospital.

As the summer goes on sometimes parents tend to start relaxing the pool restrictions. We have gotten maybe a little too comfortable with the kids around the pool because we have been swimming or playing around and near it all summer long and nothing bad has happened. So now we can relax, right? WRONG! This is exactly when something bad happens. Children are always waiting for the one moment mom and dad turn their heads. They can’t help it they are naturally curious beings. Please, don’t give them the opportunity.

Arizona law requires that a pool be enclosed by a fence, but the law cannot force a parent to close the gate, lock the back door, or keep their eyes on their child. We have to take responsibility to do that.

I have handled a good number of child drowning cases. I promise you, any amount of money that you might get because another person fails to watch your child---is NOT WORTH IT! No one wins in these cases, and always, the lives of families and those responsible are devastated by these accidents. Please don’t be the next one!!

We send our hopes and prayers to these two families for the well being of their children.



**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at http://www.ZacharLawFirm.com .

Two Children Pulled from Arizona Pools in Two Days

Two children were pulled from pools in separate incidents in the last three days. One is in critical condition. The other is dead.

I don’t ever want to be that parent! The one who thought someone else was watching their child, the one who thought the gate was enough protection, the one who thought my child was inside… There are a million different responses to the question what were you doing when your child slipped away and why weren’t you aware of where your child was. The sad fact is, it does not matter. You are sad, and your child is gone forever.

I cannot say there have not been times when one of my children has slipped away without me knowing exactly where or when, but not around unsecure or unsafe pools! Precautions mean something you do in advance to prevent an accident or disaster from occurring. Fences are not effective if not installed and used correctly. Self-closing latches must work to be effective. There is NO subsititute for parental supervision and observation. There can be a hundred adults nearby, but if they are not paying attention, it makes no difference.

The child who died was at a birthday party with about 70 other people. I don’t know the mix of children/adults. There was a pool, the children were swimming. At times such as this, the fire department recommends there always be a designated “pool watcher”. Someone who only watches the pool and nothing else and does not stop watching the pool until someone else has taken over the job. This person cannot be distracted by mingling with others, drinking alcoholic beverages, and so on. We don’t know the facts here. Something clearly went terribly wrong.

The child who is in critical condition was pulled from an apartment pool by a security guard. It is not known how this three-year-old got into the fenced pool. The child’s father was asleep at the time in his apartment. Apartment complexes must also be sure to keep their pool gates working correctly. Others enjoying the pool should take care to make sure the gates close completely behind them. Apartment complexes should also make sure there is nothing a child can climb close to the fence including patio furniture and even trees.

What are the legal implications of these incidents? Assuming no criminal charges can be filed for child neglect, etc…, there may very well be civil implications (i.e. claims, lawsuits). If it can be shown that one or both of these tragic incidents occurred as a result of someone’s negligence, then civil responsibility may attach. Often, homeowner’s insurance will protect the owner’s of a home for a pool tragedy, and liability insurance may protect the owner/manager of an apartment complex. A personal injury/wrongful death attorney can help you sort through and find the answers to these questions.

There is much investigation left to be done here. Our hearts and prayers go out to these two families during this difficult time.


**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at www.ZacharAssociates.com

1-Year-Old Mesa Boy Drowns

Nobody wants to remember the 4th of July as the day they lost their baby but that is exactly what a Mesa family faces right now. Our hearts go out to them.

Saturday morning, per reports, the family lost track of their one-year-old for about 10 to 15 minutes. You might think, how can this happen? Unfortunately, those who have children know very well how this can occur. You feel safe within your own home, and you leave the little one playing in their room with their toys, etc…, 10-15 minutes can get away from you very quickly. Then someone says, hey, where is X? The search begins. In this case, horrified, their search ended when they found him in the backyard pool. The boy’s father called 911 and began CPR. When the fire department arrived the child had no pulse and was not breathing. The boy was taken to the hospital where they continued to try and resuscitate, him but after another 30 minutes he was pronounced dead.

The family’s pool is an above ground pool and it is only 3-1/2 feet deep. According to Mesa Fire Department spokesman Thor Watson, “People don’t think about pool fences if it’s an above ground pool. But those pools have ladders that lead right into the water.”

How could a 1 year old get up the ladder? Again, all parents can answer this question. Children seem to be natural born climbers, and there is little they love to do more than climb. Inasmuch as ours hearts ache for the family, at the same time, I do not understand why anyone would think that an above ground pool would not need a fence surrounding it. The ladders leading up to them are very enticing to children. Having any type of pool, unprotected, is a recipe for disaster.

Everyone needs to understand that above ground pools are subject to the same state legal requirements for an enclosure around them as are in ground pools. ARS §1681 states:

A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.
B. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements:
1. Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
2. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.
3. Gates for the enclosure shall:
(a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height.
(b) Open outward from the pool.
4. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.
5. The wall, fence or barrier shall be at least twenty inches from the water's edge.

We shouldn’t need to say that one more drowning in Arizona is far too many. Unfortunately, all too often, we do.


**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at www.ZacharAssociates.com

Man Saves 57-Year-Old Brother from Drowning

The latest near drowning in the Valley, to my surprise, was not a child but a 57-year-old man. This just emphasizes the fact that we can’t be too careful around water.

On Sunday April 26th, in the morning, the 57-year-old was doing what a lot of Phoenix residents do, cleaning his pool. In the process the head of the sweeper fell off. He reached for it, fell into the pool and hit his head. When his brother saw him struggling he jumped in and pulled him from the water. The man was in critical condition when the firefighters arrived and he was taken to the hospital. No further information has been reported.

As I was writing this posting, I came across another article about an elderly man who also nearly drowned last week. Firefighters arrived and administered CPR after the man was found not breathing. He was then transported to Scottsdale Healthcare-Shea. He was believed to have been in the pool for 5 to 10 minutes.

We have found no further information about these men since they were each taken to the hospital. Medical confidentiality laws prevent further access to information. We hope they both have had full recoveries.

These accidents speak volumes about how careful we have to be around water--no matter how old we are, and no matter how well we swim. We must always use every precaution available to us. I know it is difficult as adults to believe we would ever need any kind of supervision, and it may not even be a realistic option for a lot of people. However, for children, the opposite is never true. No matter how old or how good of a swimmer your child may be, accidents can occur. It does not take long for a tragic accident to result in an unfortunate death—especially when swimming pools are involved. Drownings are called the “silent death”. You will not hear screams or cries for help. In fact, you will not hear anything.

Summer is coming, and swimming pool season is here. Please be careful—running, jumping, diving, playing, etc… A little extra caution goes a long way, most of the time we never realize. Have a great summer.



** If you have any quesions or comments regarding this blog or a legal matter please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at ZacharAssociates.com

Child Drowning

In one week in Arizona, we have lost one 3 year old to drowning, and another is in critical condition. Only yesterday, a 4 year old boy drowned in the family pool while his dad slept.

We have no details regarding the 3 year old who drowned except that he was pronounced dead at Banner Children’s Hospital.

The same day another child, also 3, was found by his mother at the bottom of the deep end in their private pool. The child was playing alone on the back patio while his mother was caring for her baby daughter. We also know that they have a pool in their yard and it does not have a fence. Reportedly, the mother was calling to the boy every few minutes and became alarmed when he didn’t answer. The mother then searched the yard and found him in the pool. He was not breathing when the paramedics arrived and they performed CPR. He was airlifted to Phoenix Children’s Hospital where he was put on a ventilator. The hospital upgraded his condition on Sunday to “guarded” and he may have been released this week.

The 4 year old, along with his 5 year old sister, climbed the pool fence while their dad slept and got into the pool. The pool was green, and as the children waded up to their knees, the boy slipped under, the girl began screaming. By the time the dad woke and made it outside, it was too late.

Drowning accidents are called the “silent death”. Kids who drown do not fall in and scream, but rather, fall in, take a big unexpected gulp of water, and that is it. No one ever hears a sound. We have learned how easy this can happen and how quickly little ones can get away from us, yet many of us parents continue to believe that “everything will be fine” and we don’t have to “smother” our children. I, for one, have been guilty of smothering my 3 children, and I don’t feel the least bit bad about it. The fact is we cannot be too safe when it comes to water. We cannot allow our children to play unsupervised in a yard with a pool, fenced or not.

According to the Centers for Disease Control (CDC), fatal drowning is the second-leading cause of death for children ages 1 to 14 years old. In children 1 to 4 years old, drowning is the leading cause of death. Small children can drown in just two inches of water in minutes, so careful supervision is not only imperative it is the only solution.

Thus far the Maricopa County Attorney has declined to prosecute parents and caregivers for a child drowning. However, civil liability (claims, lawsuits) may be brought, depending on the circumstances. Please consult a board certified, personal attorney regarding your questions.

Glendale Child Falls in Pool

A boy was taken to Phoenix Children’s Hospital last Thursday after he fell into a pool. The two-year-old was awake and crying when the paramedics arrived at the Glendale home but we still have not heard an update on whether or not he is okay. We keep him and his family in our thoughts.

The boy’s family apparently had lost track of him for nearly 5 minutes and he found his way to the unfenced pool.

Please, please remember how important it is to have a fence around your pool. Unfortunately, in this incident two of the most important safety factors regarding swimming pools were missing: 1) a fence, and more importantly, 2) supervision. Nothing can replace supervision when it comes to children’s safety around water. Especially now, as the summer approaches, please have a set plan for keeping your children safe.

Living in the Valley we have seen too many of these incidents. As pool owners, we must take responsibility to secure our property and any areas around water. Many accidents involving swimming pools occur because the owner hasn’t taken the precautions necessary to keep people in the area safe, especially children. Fences, warning signs, and self-latching gates are just a few of the options available. These are especially helpful if the pool isn’t in use or if a child isn’t living in the home. Indeed, many of these are not merely options, but required by law, depending on the city. You should check your City’s requirements for more information.

Having young children myself, I am well aware of the amount of work it takes to watch over these “balls of endless energy”. However, if we are not 100% up to the task, 100% of the time, then we should not allow our children in an environment that is near water. No matter what precautions are taken---children will find a way. Even if good swimmers, accidents can occur which render them unable to save and protect themselves.

At Zachar & Associates, we have represented one too many families who lost a child. Extra care and precaution is always needed to make sure that those close to us are not the next victim. If you have questions, please feel free to call us to discuss your legal issues.