Swimming Pool Peril in December - My Child Should File a Personal Accident Injury Claim Against Me!

by Pool Builders on 12-02-2010 in Articles

All one has to do is to take a quick snapshot of the local news headlines to see how easily one can be seriously or fatally injured in an accident - be it from an auto, motorcycle, light rail, plane, fire or a swimming pool. In less than 24 hours, AZ Central news updates have included:

  • 5 articles related to fire with one fatality
  • 7 articles related to auto and motorcycle accidents and one fatality
  • 2 articles related to a plane crash with one fatality
  • 1 article related to the light rail hitting a pedestrian
  • and 2 articles about the near drowning of an 16 month old girl in Glendale

Many of these accident injuries occurred without any previous warning, as people are navigating their way through their normal daily life unaware of any impending danger. It is easy to be distracted with the shopping, socializing and holiday festivities. However, some thought needs to be directed toward safety. We give little thought after summer is over to the "peril of the pool." The near drowning of the 16 month old Glendale toddler two days after Thanksgiving provides a severe reminder that we cannot let our guard down when it comes to the safety of loved ones. Family members found the toddler in the back yard swimming pool after apparently following the dog through the doggie door.

What are the statistics for water related incidents?

  • According to AZCentral.com, last year [2009] officers responded to 119 water incidents, 17 of the children died and 12 suffered life-altering neurological injuries.
  • In Maricopa County alone 20 children die each year in water-related incidents.
  • Valley agencies reported 17 child drowning deaths in 2009 according to a spokesman for the Phoenix police.

I want my toddler/child to file a claim against me and my homeowners insurance. I do?

A claim should be brought forward on behalf of the underage child, even if it is YOUR child, which seems a little weird. The child cannot bring it themselves, but may need the benefits to meet any expenses related to medical care or subsequent trauma counseling needed by the child. Water injuries, accidents and fatalities are terribly scary and unfamiliar territory for most.

If you or someone you know is involved in some type of water-related accident or injury always consult with an attorney with extensive experience in personal injury accidents as related to water incidents. Be sure the firm you meet with has a history of strong defense on behalf of their clients; they can help you determine if such an accident is covered by your homeowners insurance. Ask for the firms credentials: how many such cases have they tried? Won?

You and your family deserve the best, don't settle for less. Happy Holidays... and be safe!

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