BOSTON (AP) – The public swimming pool where the body of a woman lay unnoticed for more than two days should never have been opened on the day she drowned because the water was too murky, state investigators said Wednesday.

The pool’s manager, its assistant manager and the regional director of the Department of Conservation and Recreation were asked to resign for their roles in keeping the state-run Fall River pool open on June 26 when 36-year-old Marie Joseph drowned accidentally. A fourth employee, the agency’s district manager with oversight of the pool, was placed on leave.

A city health inspector also has been fired.    

“We think bad decisions were made,” said Edward Lambert, commissioner of the state Department of Conservation and Recreation. “The pool should not open if there is a water clarity issue.”

State officials released the preliminary findings of an investigation into the drowning and what happened during the two days that Joseph’s body lay at the bottom of 12 feet of milky water.

Investigators said a review of surveillance video showed Joseph going down a water slide into the pool’s deep end, surfacing briefly and bumping into a child before going under. The entire sequence lasted

only six seconds. The video showed no signs of Joseph struggling, investigators said.

“Water clarity was the primary factor in preventing lifeguards from being alerted to the drowning and from subsequently detecting Ms. Joseph at the bottom of the pool after she submerged,” said Carl Rudge, chief park ranger for the agency and lead investigator.

Rudge said one of four lifeguards on duty at the time of the accident was supervising the water slide, but he noted that department rules require that two lifeguards monitor the slide and that diving blocks be closed while the slide is in use – something that also was not done.

Investigators stopped short of blaming the lifeguard near the slide, saying her attention may have been diverted by a group of other swimmers.

A short time after Joseph went under, officials closed the deep end of the pool because of the cloudy water but allowed the rest of it to remain open, another violation of protocol, investigators said.

Joseph, a native of Haiti and mother of five, worked as a hotel housekeeper in Newport, R.I. Her body did not surface until the evening of June 28, more than two days after she drowned, when youths jumping a fence for an after-hours swim discovered it.

Massachusetts pools are expected to be crowded over the next several days as a heat wave that has gripped much of the nation’s midsection moves eastward. Lambert said he was confident the state-run facilities are safe.

“This tragic event leaves heavy hearts in an agency that prides itself on its ability to provide high quality, safe, recreational opportunities,” he said.

Investigators said they were unable to corroborate a report that the boy who Joseph bumped into told two lifeguards about the incident.

The boy’s mother told the Boston Herald that her son told lifeguards that Joseph did not resurface. She also said a lifeguard told the boy that they would check, but never did.

The pool’s entire staff was placed on administrative leave after the body was found and officials closed all 24 of the state’s other deep-water swimming pools for inspection. All were later reopened except for the one in Fall River, which was drained.

Five similar water slides at other state-run pools have been closed while officials review procedures, Lambert said.

Fall River Mayor William Flanagan told The Associated Press that on Wednesday he fired a city health inspector who checked on the pool two days after the drowning, while Joseph’s body was still at the bottom and other people continued to swim in it. Flanagan said the inspector should have taken action to protect other swimmers after noting that the water was cloudy.

A second inspector who had been placed on administrative leave was reinstated after it was determined that she had not seen the water, Flanagan said.

Protocols require that the grates at the bottom of pools always be visible, but a review of the video showed the water began to cloud up on Saturday – for reasons that remain unclear – and continued to be murky for the next few days, the state investigation found.

In the future, water clarity at all pools will be tested using a 5-inch black and white disk that must be visible at the bottom of a pool before it can open, Lambert said.

Gregg Miliote, a spokesman for Bristol District Attorney Sam Sutter, said Wednesday that the DA is continuing a separate, “intensive investigation” into the circumstances of Joseph’s death, that he hopes to conclude next month. No criminal charges have been filed.

Gov. Deval Patrick ordered the state review, calling the case “terrible,” and “bizarre.”

Dr. Lauren Smith, a state public health official, said the presence of the body in the pool was unlikely to pose a health risk to other people who continued to swim.

It’s a step in the right direction and have some heads roll over this. But it still won’t bring this woman back to her family.

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.

Many swimming pool drownings occur due to:

• Negligently designed and misconstructed pools;
• Pools not having adequate safety fences around their pools;
• The pool was so filthy that you could not see the bottom of the pool (where the child fell in and drowned) or the child at the bottom of the pool;
• Door lock mechanism malfunction from a state of disrepair on a sliding door to the house;
• The patio/ entry was too easily accessible to a child from inside the house;
• Screen door frames bent outward causing latch mechanisms to be out of alignment, defective and useless;
• Inadequate fences or improperly installed fences;
• Failure to install child safety locks on doors, screens, or fences;
• Dangerously defective pool covers which could not support a child’s weight;
• Negligent Supervision;
• Poor or improper maintenance of the pool and surrounding area;
• Too few lifeguards;
• Lifeguards not paying attention to swimmers or children in the pool area;

Pool Association & Water Park Drownings

Defendant pool associations and water park pool drowning cases usually occur because the defendant commercial pool owner:

• (1) Failed to hire experienced lifeguards
• (2) Failed to hire enough lifeguards
• (3) Negligent supervision of the swimmers by lifeguards
• (4) Lack of warning signs
• (5) Water rockslide pools do not providing proper rails or steps
• (6) Surfaces are not “non-skid” surfaces
• (7) Failure to mark the water depth so the unsuspecting swimmers will not know the accurate depth of the pool
• (8) Hidden danger of a commercial pool
• (9) Inadequate indicators of the pool’s depth
• (10) Murky water, making it difficult, if not nearly impossible, to see children in the deep end
• (11) Failure to repair the water pump system, keeping the pool properly clean

If you or a loved one is involved in a swimming pool drowning accident/death:

• Seek medical attention and CPR for the victim immediately;
• Insist that a report is filed by the police department or Sheriff’s Derpartment;
• Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident);
• Photograph the accident scene as well as all of the surrounding area;
• Shut up!  Talk to no one about the accident other than your attorney, never to an insurance adjuster or insurance investigator.  Do not volunteer a statement to any insurance company;
• Sign absolutely nothing without consulting a lawyer;
• Keep a diary of your loved one’s recovery;
• Keep all receipts for all medical expenses and/or funeral bills and wage loss;
• Contact the Law Offices of Gary A Kessler an experienced law firm to protect your rights and preserve the evidence!

Demand accountability from those responsible for the swimming pool drowning 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  over 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 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.

FONTANA– 20-month-old Aubrey Aguilar died at a hospital Thursday after being found submerged in an in-ground jaccuzzi at a residence.

Fontana police officers and firefighters responded to a report of the drowning just before 12:57 p.m.in the 18000 block ofFairview Drive. They arrived to find that the girl had fallen into the ground-level jaccuzzi and was found several minutes later by her parents.

The parents started giving the girl CPR as dispatchers directed them over the phone, according to a news release issued by the Fontana Police Department.

Paramedics responded and rushed the girl to Kaiser Permanente Fontana Medical Center where she was pronounced dead at 1:38 p.m.  

California is second only to Florida in swimming pool related deaths in the United States. In particular, Southern California pool related deaths is the number one cause of death for children ten years old or younger.

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.