Swimming Accidents and Drowning Deaths

Swimming Safety

Now that summer is approaching, many of us and our children will spend quality time in the water. Whether it is swimming pools, lakes or the ocean, we all love swimming and playing in the water. In order to be safe it is important to swim with someone or with someone watching. Cramps, passing out, panic, and unknown medical conditions can all cause the drowning of otherwise healthy swimmers. The Red Cross provides good safety advice.

Most people are surprised when they learn that very frequently someone drowns without a lot of noise and splashing. Splashing is actually what someone does when they are staying afloat. What actually often happens is the drowning person panics and tries to conserve air while going under the water without a struggle or a sound. This is why it is critical to keep an eye on whomever is in the water. 

Drownings often occur with many people around as a result of a lack of attention. Most lifeguards are dedicated and attentive but even the best lifeguard can become distracted. This is especially the case with teenage lifeguards if their supervisors have not trained them well and do not supervise them properly. Many a child has drowned because parents assume the lifeguard is paying attention.

Just in the past couple years our firm has represented the families of two drowning victims. Both drowned with people around. One drowned at a hotel pool with a lifeguard on duty and one drowned in a public lake. Obviously, no one saw or heard anything until it was too late. In the lake drowning the victim could not swim and there was a sudden, unmarked drop-off in the "shallow" area and he just slipped under. In the case of the pool there was host of problems to be on the lookout for. The water was dirty and too hot; the air was too hot; the lifeguard was poorly trained and poorly supervised; and, most importantly, was distracted by other swimmers and pool deck duties.

Defective Products

Defective Products

Consumers have the right to expect that the products they purchase are safe or that they will be warned of any possible safety issues.  Even with the best intentions, companies inevitably put unsafe products on the market.  To protect themselves from liability they purchase product liability insurance and employ highly skilled lawyers.  These cases can be very complex but an experienced lawyer can assist you if you or a loved one has been injured.

One of the interesting aspects of products liability law in Virginia is that the negligence of the user is not fatal to the claim. Foreseeable misuse is something the manufacturer of the product has to take into account before placing the product in the marketplace.  As a result, for what the law calls a "breach of warranty", the manufacturer can be liable even if the consumer does not use the product exactly as it was intended.

Defective products can appear in all areas of life, from the tires on the car to the kids' toys.  Design defects, manufacturing defects, failure to warn of safety concerns, and breach of warranties are all types of products liability cases.  If you are injured by a defective product, you may be able to recover for your injuries from the manufacturer, the distributor, the supplier, or the retailer.

Cycling Accidents

CYCLING ACCIDENTS

Cycling accidents can be devastating to the cyclist. Fatalities and brain injuries are common because of the severe trauma a cyclist can suffer when hit by car or thrown to the ground at 30-40 miles an hour. Automobile drivers rarely understand that bikers have the exact same rights on the road as a car does. Car drivers also do not pay enough attention to cyclists sharing the road with them and often cause crashes because of a failure to look for cyclists.

In cases involving cyclists it is advantageous to have a lawyer who is an experienced bike rider. The perspective of a cyclist/lawyer can help by analyzing the accident from the perspective of a cyclist who is not only familiar with the rules of the road but also familiar with how drivers behave and react towards cyclists.

Matthew O'Herron is an experienced and avid cyclist. During law school he cycled around Ireland for a month. He is a member of the Blue Ridge Bicycle Club and follows the racing in Europe during the spring and summer. For more information visit our website.

Texting and Driving Accidents

What is just as dangerous as driving drunk? Driving while typing or watching a video on your cell phone. The fact that cell phones are so popular and such a part of the social fabric of our society means that everyone has them and uses them for multiple purposes. A common tragedy resulting from this is the significant increase in teenagers and young adults getting in accidents because of texting or surfing the web while driving. The statistics involving cell phone usage in a car and the results of such use are alarming.

Teens especially think that they are still paying attention and being safe if they just take a quick look at the phone or type a few letters and look back at the road. The reality is that such a distraction can take up to four or five seconds and a car travels a long way in that amount of time. Another factor causing wrecks is that, even when a driver looks back to the road, their focus doesn't fully return before they look back at the phone. As a result, there is no anticipation of what might go wrong, only a recognition that the car directly in front of them isn't braking.

Obviously, texting or surfing the web while driving is negligent. There are campaigns and legal cases trying to make accidents caused by such negligence subject to punitive damages. This should worry parents and those responsible for insurance coverage. The minimum legal insurance coverage in Virginia is $25,000.00, a limit set decades ago. The cap on punitive damages is $350,000.00. (Virginia Code Section 8.01-38.1). So, even a relatively small accident could result in liability far beyond available insurance.

However, it is better not to need insurance and to avoid injuring someone altogether. There are technologies available that prevent hands on usage of cell phones while driving. Prevention is what will keep drivers safe and protect them from both liability and, more importantly, the guilt of having seriously injured someone.

Automobile Accident Medical Insurance

Medical expense coverage is an option on car insurance policies. The Virginia law which describes it is Code Section 38.2-2201. It pays for medical treatment for accident related injuries regardless of fault. It is a separate coverage from liability and uninsured motorist coverage. An automobile insurer can offer different coverage amounts, usually between $2,000.00 and $10,000.00. Often, if a specific request is made, higher coverage amounts are available. The coverage amount is "stacked" based upon the number of cars on the policy. For example, if there is $5,000.00 in coverage and three cars on the policy, then there is actually $15,000.00 in benefits available.

If an insured is injured in a car accident, this coverage can be very important if the other driver has limited insurance or if the insured is partly at fault for the accident. Medical expense insurance will pay the insured directly for medical expenses related to the accident. It applies to medical bills for treatment within three years of the accident. The payments are made when the medical bills are submitted to the insurance company. This means the injured person does not have to wait until the end of a personal injury case to receive payment.

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Medical expense coverage is an option on car insurance policies. The Virginia law which describes it is Code Section 38.2-2201.

Brain Injuries

The recent exposure of the serious neurological issues facing retired NFL football players has helped the public understand brain injuries. Brain injuries have been long misunderstood and downplayed. It is hard to understand an injury that is invisible and whose main symptoms are so varied.

Now the public sees that these phenomenal athletes are suffering severe consequences that, except for a headache and some stiffness, were completely invisible at the time of the injury. Brain injuries, or concussions as they are often called, affect people who have been in car and other types of accidents as well. The descriptions of the symptoms from the football players have shed light on what concussions can do. As the retired football players continue to bring to light the issues surrounding brain injuries, all those who suffer from the lingering effects of brain injuries will benefit.

Accident Defenses-Contributory Negligence

In Virginia, unlike most other states, we still follow the rule of contributory negligence. This rule states that if the plaintiff (injured person) is found to be at fault AT ALL for the accident, then the plaintiff recovers nothing. So if a jury were to decide that the injured person was 1% at fault for an accident, then the jury would be duty bound under the law to rule in favor of the defendant, the person who caused the accident.

This rule has an impact on cases long before trial however. Many recorded statements are taken with the goal of having the injured person admit to something that can be argued is negligent. Contributory negligence can impact even cases where there is little doubt who caused an accident or an injury. For example, if a driver begins to cross an intersection on a green light after having been stopped at a red light, the defense lawyer/insurance adjuster will ask if the driver looked before starting to see if other cars were stopped at their red lights. Slip and fall cases are even more problematic. Often, the evidence needed to prove negligence on the part of the property owner is turned around and used to prove negligence on part of the injured party.