Accidental Drowning

Rafting company: Sausalito woman’s drowning not caused by low water accidents

The owner of the whitewater rafting company involved in the Tuesday drowning of a Sausalito resident said the tragedy didn t occur because of low water, and the cause is still unknown.

Mariati Tani, 41, of Sausalito, drowned Tuesday when the raft she was in got stuck on a rock in the Tuolumne River, but “the water level at the time was the normal water level,” said Bob Ferguson, owner of Columbia-based Zephyr Whitewater Expeditions. Tuolumne County sheriff s Sgt. Jeff Wilson had earlier reported that the raft became stuck because the water level was lower, exposing rocks and causing water to funnel between the rocks.

“We feel horrible about the incident,” said Ferguson, who could not explain why the raft got stuck when Tani and her husband, Christy Letham, 50, also of Sausalito, were riding the rapids with a guide from Zephyr. The two were ejected from the raft and Tani was trapped underneath; despite the efforts of a guide to free her, she drowned before the guide was able to get her out.

There were reports based on statements from Wilson that the couple s son was in the raft, but that was not the case, said Ferguson, who said Letham s sister s son was aboard. The incident occurred at about 12:45 p.m., not 1:30 p.m. as earlier reported by Wilson, Ferguson said.

Ferguson acknowledged that the San Francisco Public Utilities Commission had notified rafting companies in the area, including Zephyr, that a generator had failed around 9 a.m. Tuesday and there would be a shorter period in which the normal water levels would be available. The water level was normal at the time of the accident, Ferguson said.

“The water level at the time was the normal water level, but it was a shorter window of time. Normally it s a four-hour release window of high water. They (the commission) let us know that instead of four hours it would be two and a quarter to two and a half hours of high flow,” Ferguson said.

The guide did not vary the route because of the shorter time window, Ferguson said.

“We don t know what happened,” Ferguson said of the accident. “There is only one way to run this rapid and that s the way it was run.” Ferguson said he was out of town at the time of the incident.

Family Seeks Answers In Glenview Drowning

Vicente Cardenas was laid to rest Tuesday, four days after he drowned at a Glenview Park District pool.

While police have closed the investigation, his family is still looking for answers as to why the four year old died at a crowded Glenview swimming center on June 15

Cardenas Family Reaction

“We know he was there at a class field trip and he was not wearing a life preserver,” said Val Gurvits, Vicente’s uncle and the Cardenas family spokesman. “We know that there were approximately 18 children on that field trip and there were seven or eight teachers.”

Vicente, who was less than one week from his fifth birthday and lived in Glenview with his parents, was at Roosevelt Pool with a group of campers from Wesley Day Care Center. His death was ruled an accidental drowning by the Cook County Medical Examiners Office the next day.

Sgt. Dave Sostak of the Glenview Police Department told news sources his department has concluded their investigation into the matter, but did not release any new information about the circumstances of Vicente’s death.

Since 2008, Sostak said there have been 14 incidents where public safety officials have been called to the complex, but nothing involving drowning situations. These occurrences centered on people away from the water such as a visitor slipping and falling on the grounds, he said.

Now, the Cardenas family is trying to find out who was responsible for watching Vicente at the time, Gurvits said, and while he noted litigation has not been ruled out, he added they would still like a more complete report as to what happened that day.

Park District Assesses Liability

On Tuesday, park district officials said the matter and procedures are still under review. According to the park district’s attorney, liability is not a concern.

“I don’t think the park district is liable for this,” said lawyer Edward Dutton.

Dutton said he had not seen a police report or discussed the incident with Wesley officials but promised a complete look at existing rules and regulations will take place.

He also added that while there are no security cameras at the pool, there are several throughout the park district grounds.

According to park district officials, 15 lifeguards plus a manager and an assistant manager were on duty at the time Vicente drowned.

Additionally, the Cook County Department of Health inspected Roosevelt Pool on Monday and found the park district was in compliance with all regulations, according to a press release.

Wesley officials did not return a phone call Tuesday requesting further comment on the matter, but Executive Director Ellen Fagerburg told Patch over the weekend that the situation was under review.

DCFS spokesperson Kendall Marlowe told the Chicago Tribune the state welfare agency had never investigated the Glenview-based child care center outside of minor licensing violations for “routine matters of record keeping and paperwork.”

Operations Moving Forward

In the wake of the incident, the Park District shut down pool operations over the weekend. Now open for individuals and families, the Park District announced Tuesday.

“We are taking it week by week,” said Park District Executive Director Chuck Balling. “We are going through the process right now of looking at all of our policies and we are assisting the Police and Fire Department.”

Balling also explained the safety procedures that are already in place.

Before any individual can be certified as a lifeguard, he or she must complete a 24-hour certification course in addition to a series of other training measures, he said.

Lifeguards are also required to complete weekly in-service training sessions throughout the season, Balling told Patch, and new lifeguards are placed in a two-hour shadowing process before they are allowed to watch swimmers on their own.

As for attendance numbers at the time of Vicente’s drowning, Balling said there were 750 people in the area, which is slightly more than half of capacity.

Despite those numbers, many readers expressed concern in the comments section on Patch about the amount of swimmers allowed at the pool.

“I’m not surprised it happened,” wrote Francesca Meder, who has been going to the Roosevelt pool for two years. “I just thought it was crazy as to how many campers they allowed at once. I intentionally did not sign my five-year-old son this year at the Park District because I thought it too crowded for safety.”

Swimming Pool Drownings and Wrongful Death liability

The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.

The laws regarding swimming pool drowning death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced swimming pool drowning lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic drowning accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your drowning/accidental death case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no atoorneys fees or costs are owed to our firm.

 

 

Pool tragedy claims teen devoted to water

PALM DESERT — A day before Christian Fernandez Morales was pulled out of a pool unconscious and eventually died, the Palm Desert teen paid homage to water.

The teen got the call Tuesday that he won the scholarship. That night, during practice at Shadow Hills High School in Indio, he was pulled from the pool, said his mother, Blanca Morales.

When Riverside County Fire Department paramedics arrived at 9 p.m., they found him unconscious and unresponsive and rushed him to the hospital.

Christian was declared dead at 10:27 p.m. Tuesday at John F. Kennedy Memorial in Indio.

The coroner’s report lists his cause of death as pending additional tests.

Palm Desert High School Principal Bob Hicks said Christian, who just finished his junior year, was practicing with a summer league through USA Water Polo. A league spokesman couldn’t be reached.

Swimming Pool Drownings and Wrongful Death liability

The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.

The laws regarding swimming pool drowning death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced swimming pool drowning lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic drowning accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your drowning/accidental death case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no atoorneys fees or costs are owed to our firm.

 

 

 

Sacramento Woman Dies In Scuba Diving Accident

On Sunday morning, a Sacramento County woman died while diving with a scuba instructor at Ocean Cove near Jenner.

The diver, Teresa Collentine, 43, of Elk Grove, and her husband, James, were updating their diving skills with instructor Joe Mohamed when she began having trouble at about 10:15 a.m., the Sheriff’s Office said.

The three were swimming through kelp beds to open water when Collentine began thrashing in the water without her regulator in her mouth, officials said.

Her husband and the instructor got a secondary regulator in her mouth and started for the shore. As they headed back, Mohamed determined she wasn’t breathing.

On land, they attempted lifesaving measures, but Collentine was pronounced dead at about 11 a.m. Officials said the cause of death is unknown.

California Scuba Diving Accidents

Scuba diving is a potentially hazardous sport that carries with it certain inherent risks. Hundreds of U.S. citizens are injured in scuba diving accidents worldwide and over 70 divers die annually as a result of their injuries. In order to dive in the U.S., people must complete and pass a diving certification course. Risks are discussed and safety issues are addressed during the course. Commercial and recreational SCUBA diving accidents usually occur because of poor judgment, improperly maintained equipment, inadequate training, or inadequate supervision.

Fortunately, most commercial and recreational diving accidents are preventable. The most dangerous risk a scuba diver faces is decompression sickness, also known as “the bends”. This occurs when a diver returns to the surface too quickly. While diving, pressure underwater causes nitrogen from the air the diver is breathing to dissolve in the body. Nitrogen bubbles, which form in the blood stream, can cause a variety of problems. Minor injuries may include joint pain as well as skin problems. In more serious cases, paralysis, blindness, brain injuries, and even death may result.

Divers are routinely required to sign liability waivers and releases from the certifying agent, dive resort, boat owner and operator, and anyone related to the dive. Most courts have upheld these releases reasoning that since diving is a voluntary sport, involving risk, that the diver freely waives the right to sue the parties named in the release. However, not all courts uphold these releases as there may be negligence that makes the release inapplicable in certain cases.


When you undergo training for your scuba diving certification, you trust your instructors to provide you with safe, functional equipment and accurate training. Failure to do so may cause you to enter hazardous or even deadly situations. Unfortunately, tragic scuba diving accidents do occur, and due to the environment the victims are in when engaged in this activity, even minor mistakes could cost them their lives.

Causes of Scuba Diving Accidents

When future scuba divers go through the training courses necessary to be granted certification, they should be taught the risks associated with scuba diving and the measures necessary to avoid them. Malfunctioning equipment, failure to adhere to safety measures, and inexperience are all contributing factors to dangerous scuba accidents. In addition, it is quite dangerous to dive alone. Divers should also have been taught what marine organisms to avoid, such as jellyfish and stingrays. Lastly, they should know to survey the dive site for temperature and depth before submerging themselves.

These are all precautions that students should be taught by instructors in their training courses. If your instructor failed to provide you with the appropriate information to safeguard you against scuba risks and accidents, then you may be able to confront that individual in a legal setting, should you suffer a scuba injury.

These are just a partial list of the more common types of scuba diving accidents and injuries:

  • Dive Operator Negligence
  • Boat Run Overs / Drive Offs
  • Out of Air Emergencies
  • Nitrogen Narcosis / Bends
  • Current or Water Conditions
  • Improperly Maintained Equipment
  • Unfamiliar with Equipment / Dive Site
  • Training and/or Dive Buddy Negligence If you or someone you know have been in a commercial or recreational scuba diving accident or related injury in the state of California, simply contact The Law Offices of Gary A. Kessler.

 

Contact Us

If you would like to learn more about scuba diving accidents and who holds responsibility during one of these unfortunate incidents, contact  the Law Offices of Gary A. Kessler.

Drowning deaths: Civic body slaps Rs 50,000 fine on contractor

A day after three brothers drowned in a pit dug along the Mithi river in Kalina, the Brihanmumbai Municipal Corporation (BMC) fined the contractor a meagre Rs 50,000. The civic body also sent a showcause notice to Shyam Narayan on Wednesday, asking him to explain the security lapses around the construction site in terms of proper barricading. BMC officials admitted that the security guards employed by the contractor were not present at the site on Tuesday since it was a public holiday.

While the Kurla police station had earlier named MMRDA officials in the FIR on Tuesday, on Wednesday it was made clear by MMRDA that the work was being done by the BMC. “Investigations showed that the BMC contractor is responsible for the negligence that claimed the lives of three children. We have now named the contractor in the probe,” said Deputy Commissioner of Police (Zone V) Dhananjay Kulkarni.

According to senior civic officials, contractors are responsible for maintaining security around construction sites. They are expected to adhere to the tenders conditions, whereby they are expected to adequately barricade the construction site and deploy security guards to monitor the area. Often, however, the tin barricades are stolen by local residents who sell them in the scrap market.

Chief engineer (storm water drains) L S Watkar said, “We have taken the necessary action by penalising the contractor. He has been asked to respond to the security lapses.”

“Anyone can easily trespass to the trench after crossing the premises of Kailas Parbat residential building at Kapadia Nagar. People from our slum have been regularly complaining to all agencies and the police department to put in place security measures since most of the children play here for lack of any other place,” said Azhar Chaudhury, resident of the area and uncle of the three children who drowned on Tuesday.

Eight-year-old twins Abdul Rahim and Abdul Karim and 12-year-old Abdul Aziz were playing in the open area adjacent to the river at Kapadia Nagar on CST Road when the incident took place. The pit was dug as part of the ongoing Mithi river project being undertaken by the BMC, under which retaining walls are being built to train the flow of the river.

Construction accidents and wrongful death liability

Demand accountability from those responsible for the dangerous conditions of the construction site accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding construction accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced construction accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

Construction accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a construction site accident.  Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and construction accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.

 

Boy drowns in swimming pool

OAKLAND PARK, Fla. (WSVN) — Officials are investigating why a young boy died after drowning in a South Florida apartment complex’s swimming pool.
A 7-year-old boy and his father were attending a barbecue by pool of an apartment complex along Northeast 41st Street, Sunday evening.
Residents were gathered around pool and young kids were swimming at the event. At some point, the boy began drowning. “From my window I saw the family trying to give CPR to the little boy,” said neighbor Rick Izquierdo. “When I saw that right away I took my wife’s cell phone and I start calling 911.”
According to police, the boy’s father jumped into the water and took the boy out. He then began CPR on his son before paramedics arrived. “[Father] jumped in right away, started doing CPR, trying to save his son,” said Keyla Concepcion of the Broward Sheriff’s Office.
Oakland Park Fire Rescue transported the boy to Holy Cross Hospital, where he was later pronounced dead.
Residents who live in the complex are stunned at the drowning.
“It’s really sad,” said Shentell Nelson.
Nelson has a 3-year-old son and advises adults to pay attention to surroundings. “It is shocking, especially if there’s kids around, you should always be alert and try to focus on what’s going on.”
Nelson said swimming lessons are a must for children. “I thinks that’s one step that you really need to train your child to do at a young age,” she said.

According to residents at the party, there were a lot of people around when it happened and a lot of screaming, trying to get control of the situation. “I didn’t see what happened, I don’t know what happened because earlier before that everything was OK,” said a resident. “Every kid was jumping in the pool, back and forth, jump in, go eat, come back, so I don’t know how this happened to him, because we pay attention to him and tell him stop jumping.”
Authorities have not released the name of the victim.
BSO is looking into the circumstances surrounding the drowning.

Swimming Pool Drownings and Wrongful Death liability

The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.

The laws regarding swimming pool drowning death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced swimming pool drowning lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The Florida wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic drowning accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your drowning/accidental death case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no atoorneys fees or costs are owed to our firm.

3 Injured In Pedestrian Accident In Reseda

A four-vehicle accident in Reseda today left a pedestrian critically injured and two other men with lesser injuries, authorities said.

Paramedics sent to the 7200 block of Lindley Avenue about 9 a.m., transported the critically injured man to a hospital to be treated, said Erik Scott of the Los Angeles Fire Department.

Another male pedestrian and a passenger in one vehicle suffered injuries described as “non-life-threatening,” Scott said. The circumstances of the accident were under investigation.

Cause of the Reseda Crash

The cause of the initial crash  is under investigation, but police say neither drugs nor alcohol are believed to have been a factor. No arrests were reported.

Pedestrian  Accident Liability

Unfortunately, the reality of most pedestrian  accident victims usually sustain serious/catastrophic injuries which many times results in death.  Over the past twenty years attorney Gary A Kessler has a proven successful track record demanding accountability from the responsible parties and obtaining outstanding results for his clients.

The laws regarding pedestrian  cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced pedestrian accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California pedestrian accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a pedestrian accident. Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and pedestrian accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your case.

When you suffer serious/traumatic injuries or a loved one’s death, you are entitled to compensation (medical bills, funeral costs, lost wages, future wages and pain and suffering).  The Law Offices of Gary A Kessler will aggressively represent you and fight for your rights against the insurance companies for the monetary damages you deserve.

The Law Offices of Gary A. Kessler can help recover compensation for the victim through his insurance, if he has one. Compensation in a civil claim can include medical care expenses, lost earnings, pain and suffering, or other related damages.

 

 

Thousands evacuated, at least three dead in Italian cruise ship disaster

At least three bodies were recovered from the sea and at least five additional persons were feared dead, and with some 50 people still trapped aboard the badly listing Costa Concordia, said Coast Guard Commander Francesco Paolillo.

Paolillo said it wasn’t immediately known if the dead were passengers or crew, nor were the nationalities of the victims immediately known. It wasn’t clear how they died. The Italian news agency ANSA reported that some people had jumped overboard in the scramble to evacuate the ship, which had just begun a Mediterranean cruise.

The evacuees were taking refuge in schools, hotels, and a church on the tiny Tuscan island of Giglio, a popular vacation isle about 18 miles (25 kilometers) off Italy’s central west coast.

ANSA quoted two Italian journalists who happened to be among the passengers taking the Mediterranean cruise as saying the accident happened during dinner hour.

“We were dining when the lights went out, and suddenly we heard a bang and the dishes fell to the floor,” ANSA quoted one of the journalist-passengers, Luciano Castro, as saying.

“It was like a scene from the Titanic,” another passenger aboard, journalist Mara Parmegiani, told ANSA.

Paolillo said the exact dynamics of the accident were still unclear, but that the first alarm went off about 10:30pm (2130 GMT), about three hours after the Concordia had begun its voyage from the port of Civitavecchia, enroute to its first port of call, Savona, in northwestern Italy.

The coast guard official, speaking from the port captain’s office in the Tuscan port of Livorno, said the vessel “hit an obstacle” – it wasn’t clear if it might have hit a rocky reef in the waters off Giglio – “ripping a gash 50 meters (165 feet) across” on the left side of the ship, and started taking on water.

The cruise liner’s captain, Paolillo said, then tried to steer his ship toward shallow waters, near Giglio’s small port, to make evacuation by lifeboat easier.

But after the ship started listing badly onto its right side, lifeboat evacuation was no longer feasible, Paolillo said.

Five helicopters, from the coast guard, navy and air force, were taking turns airlifting survivors still aboard and ferrying them to safely. A Coast guard member was airlifted aboard the vessel to help people get aboard a small basket so they could be hoisted up to the helicopter, said Capt. Cosimo Nicastro, another Coast Guard official.

A statement from Costa Cruises, the company that runs the ship, confirmed that the evacuation of the 3,200 passengers and 1,000 crew had begun, “but the position of the ship, which is worsening, is making more difficult the last part of the evacuation.”

Costa Cruises’ statement did not mention any casualties, and said it had not yet determined the cause of the problem.

Costa Cruises said the Costa Concordia was sailing on a cruise across the Mediterranean Sea, starting from Civitavecchia with scheduled calls to Savona, Marseille, Barcelona, Palma de Mallorca, Cagliari and Palermo.

It said about 1,000 Italian passengers were onboard, as well as more than 500 Germans, about 160 French and about 1,000 crew members.

Admiralty  Maritime Law and Wrongful Death Liability

Although admiralty law covers ship accidents, it does not subsume other laws.
There are usually many other local, federal state and international  laws relating  specifically to injuries at sea from negligence.

Most sea vessels are actually registered in foreign countries. Many of these vessels unfurl foreign flags. This means the country the ship is registered
in may have laws covering the vessel as well. Many of these laws might be better for the injured passenger than U.S. laws. This is why you  need an
experienced cruise ship accident attorney. As an example, a ship that has its port of departure in Los Angeles, California may be covered under the laws
of the state of California, and the laws of the United States. It may also be covered under the laws of the country of the foreign flag the ship flys, as well as international treaties between the U.S. and the other. The Law Offices of Gary A. Kessler  have the knowledge to litigate claims from foreign ports of call, and domestic ports of call.

You may need to bring claims against the U.S. under the Suits in Admiralty Act,  or Public Vessels Act. The experienced cruise ship negligence attorneys at the Law Offices of Gary A. Kessler will sue whatever country is responsible for your oceanic injuries.

The Offices of Gary A. Kessler are expert in admiralty and maritime law, and can provide you with the legal representation you need to recover damages
for the negligence of  an ocean liner, or for boating injuries or other  accidents
that occur in the ocean, lakes, or rivers.

The highly skilled boating accident attorney Gary A Kessler (and the Law Offices of Gary A Kessler) has the experience and track record, handling dozens upon dozens of successful lawsuits against the owners and operators of private boats, personal watercraft, cruise ships and commercial ferries.  If you or a loved one suffered an injury or death due to a boating accident or while engaged in water sporting activities, consult experienced personal injury lawyer Gary A Kessler who has handled these types of claims as soon as possible.  The laws that apply to injuries that occur on or around the water are extremely complex and must be carefully analyzed to correctly determine the liability issues and the value of your boating fatality case.

Demand accountability from those responsible for the boating accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the neccessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding boating accident (drowning) cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

Update: Charles sought against 2 in Mass. pool death probe

 

BOSTON — A prosecutor said Monday he would seek criminal complaints against a current and a former state manager for allowing a murky public swimming pool to remain open for two days while the body of a woman who drowned lay unnoticed at the bottom of it.

 

Bristol District Attorney Samuel Sutter cited what he called a “systemic failure” in the operation of the pool in Fall River, 50 miles south of Boston.

 

Sutter said Brian Shanahan, regional director of the Department of Conservation and Recreation, and Jeff Carter, the department’s SouthCoast district manager, wouldn’t be charged in connection with the death of Marie Joseph, a Newport, R.I., hotel housekeeper from Haiti. But he said state police would seek complaints from a court charging Shanahan and Carter with reckless endangerment of a child for allowing swimmers — including children — to use the pool when it should have been closed because the water was too cloudy.

 

The prosecutor’s announcement followed a more than three-month investigation by the district attorney into the June 26 accidental drowning of Joseph at the Vietnam Veterans Memorial Pool.

 

“A series of poor decisions, with errors compounding errors, a disregard for regulatory requirements and a disregard for the proper standard for operating the pool pervaded multiple levels of DCR supervision and management,” Sutter wrote in a 20-page report.

 

He said the investigation revealed “a repeated willingness to diminish minimum safety standards by re-interpreting the applicable regulation and substituting self-generated standards.”

 

The prosecutor said witnesses told investigators that Carter, the district manager, had told pool employees that he wanted to save money by not chlorinating and filtering the pool well before June 25, the day the pool was scheduled to open for the season. The decision resulted in the buildup of algae in the pool, the report said.

 

The staff was told by the district manager not to begin chlorinating and filtering the pool until June 22, but he later agreed to move the process up a couple of days after a maintenance supervisor complained about “pea-soup green” water in the pool, the investigation found.

 

When interviewed by investigators, Carter acknowledged telling staff not to chlorinate or filter the water, but he denied that the decision was made to save money, Sutter said.

 

In a statement, DCR Commissioner Edward Lambert said the agency was reviewing the report and would use the prosecutor’s findings when crafting future safety measures. He said DCR had already ordered a number of changes after the drowning, including enhancement of “pool safety protocols regarding water clarity.”

 

Lambert said he requested and received Shanahan’s resignation following the discovery of the woman’s body, while Carter was placed on leave.

 

Phone numbers for Shanahan and Carter could not immediately be located Monday, and it was unknown if they had hired attorneys.

 

Investigators have said Joseph, a mother of five, drowned after going down a water slide in the pool’s deep end.

 

A review of surveillance video showed that Joseph surfaced briefly after going down the slide, bumped into a child and then went under with no signs of a struggle. Her body was discovered on the evening of June 28 after it floated to the surface.

 

State investigators previously said that the pool should not have opened on the day Joseph drowned because the water was too murky and that the water clarity also prevented lifeguards from being alerted to the drowning and from noticing the body at the bottom of the pool.

 

Sutter, who said Joseph apparently was unable to swim, ruled the death unintentional.

 

The pool was drained after the body was discovered and did not reopen during the summer.

 

Sutter said one day after the discovery of the body, state police divers went to the bottom of the pool and found considerable debris, including hair and hair ribbons, jewelry, coins, leaves and dirt. Staff later told investigators that the pool was never vacuumed before opening for the season because the available vacuum wasn’t working.

 

The district attorney’s probe appeared to exonerate lifeguards at the pool of any wrongdoing in connection with Joseph’s death.

 

The 9-year-old boy who Joseph bumped into after going down the slide told police that he had informed two lifeguards that Joseph had gone under and that the guards didn’t take action. But Sutter said the surveillance video didn’t corroborate the boy’s story.

 

 


Body of San Diego man found in Colorado River

NEEDLES, Calif. – The body of a 26-year-old San Diego man who fell out of a boat on the Colorado River near Needles over Labor Day weekend was recovered Wednesday, authorities said.

Terrell Antone Blake fell out of a 28-foot boat just after 7 p.m. Saturday when the vessel hit a wake on the river. He was not wearing a floatation device, according to a statement on the incident provided by the San Bernardino County Sheriff’s Department.

Shortly after Blake fell, the Sheriff’s Department searched the river by boat, helicopter and brought in a dive team.

On Wednesday morning, authorities received a report of a body near the Interstate 40 bridge over the Colorado River. A county coroner’s official identified the body as that of Blake.

An autopsy will be conducted to determine cause of death.

What Are the Rights of a Person Injured on or by Watercraft

The potential claims of a person injured by a watercraft are determined by the category: seamen, social guest, business visitor, or bystander/swimmer/water skier.  The category also determines the legal rules that will be applied to your claim.

Social Guests, Business Visitors and Bystanders

Most people injured on and around boats are categorized as a “social guest.”  These claims will be determined by general maritime law and state law principles of negligence.

It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others.  The most common boating accidents are collisions with other boats, sinking and boat disappearance.  Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.

Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner.  The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat.  The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.

Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others.  Owners may also be held liable under the theory of vicarious liability.  For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.

Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests.  The law and courts where the accident occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.

The highly skilled boating accident attorney Gary A Kessler (and the Law Offices of Gary A Kessler) has the experience and track record, handling dozens upon dozens of successful lawsuits against the owners and operators of private boats, personal watercraft, cruise ships and commercial ferries.  If you or a loved one suffered an injury or death due to a boating accident or while engaged in water sporting activities, consult experienced personal injury lawyer Gary A Kessler who has handled these types of claims as soon as possible.  The laws that apply to injuries that occur on or around the water are extremely complex and must be carefully analyzed to correctly determine the liability issues and the value of your boating fatality case.  For example, does state negligence law or federal maritime law or both apply?  Who are the responsible parties?  Is the cause of action against the owner of the boat for negligent operator or the boat operators or both?  Did the boat malfuntion creating a product liability claim against the boat manufacturer?

The laws regarding boating accident (drowning) cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced boating fatality lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for the trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our atorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in Arizona, California, Oregon, Washington and Florida in both State and Federal Counts.

 

 

 


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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.