Arizona Child Drowning Accidents and Fatalities
Mark Breyer
June 22, 2009
It is a parentīs nightmare. It is often preventable. Yet it happens every single year in large numbers throughout Arizona: drowning. No child should ever have to suffer permanent brain damage due to a drowning accident and it is even more tragic when a young life is lost. Awareness for safety around water is important, but whatīs even more critical is that parents and babysitters put into action the precautions that will help save lives.
Safety around water is a very prevalent problem throughout our state. Drowning was the leading cause of accidental deaths for children from 1 to 4 years old from 1999 to 2005, according to the Drowning Coalition of Arizona. Based on Childrenīs Safety Zone, a website, in the first three months of 2009, there has already been 20 water related incidents in the Phoenix Valley area alone. Tragically, four water related incidents were fatal. The drowning rates seem to be increasing with each new year. This has to stop.
In 2007, officials responded to 92 serious water related incidents. These figures are based on an August 2008 study by the Arizona Department of Health Services. An investigation found that 45 of these incidents were for children under the age of 4. Eleven of these incidents were fatal.
Banner Childrenīs Hospital, Salt River project Safety Connection, Southwest Ambulance and Pendleton pediatrics just organized an event called Water Walk for Safety. Volunteers went to approximately 50,000 homes distributing drowning prevention information. Other agencies that participated were Apache Junction Fire, Chandler Fire, Gilbert Fire, Mesa Fire, Scottsdale Fire, Tempe Fire and Queen Creek Fire. Hopefully, people will read all of this literature and become more aware of how dangerous it is to have children around any type of water.
In an attempt to reduce the number of these incidents, Mesa emergency crews began handing out literature and other information to parents. Many times caregivers do not realize the danger of watching children around pools. Everyone needs to be aware that pools and children are not a good combination. For that matter, children also should be watched very carefully around bathtubs and toilets. Many people do not realize that children can drown in bathtubs and open toilets. Even such things as a dogīs dish or deep containers that hold water, such as for mopping, can be fatal to children.
Considering the fact that many drowning deaths occurred when a babysitter, aunt, uncle, or someone other than a parent was watching the child, we thought maybe we would add one more message in an attempt to reduce the numbers of drowning and near-drowning incidents in Arizona. While we would all hope that the risk of losing a child forever would be enough of a deterrent; maybe one more message is needed. While we do not think someone is always to blame for an accident having occurred, some drowning accidents happen due to the basic failure of keeping an eye on a child near water. For these cases, we add the following warning: allow a child to drown while you are babysitting them- expect to be sued. Expect the insurance company for your home to have to hire a lawyer. Expect to have to go through depositions where an Arizona child injury lawyer asks you questions about how the tragedy occurred. Expect to be called into court. Expect to have to worry about whether you will have the money that is going to be required to compensate the family.
None of this should matter, of course. The value of a child cannot be measured in money. The fear of losing a child should be far, far greater than the threat of lost money or anything else. However, in case there are those that take for granted how tragic the loss of a child is, perhaps this message may make a small difference. Maybe it will remind people who are watching kids that the failure to protect a child is not only a lifelong loss for the parents and family members, but it will mean years of difficult litigation as a defendant in a lawsuit. If that message reaches even one person who watches children other than their own and that message can reduce by even a fraction of a percentage the likelihood of serious and permanent brain injury or death due to drowning, then it is worth it.
If you or anyone you know needs a lawyer to answer questions after suffering the unspeakable tragedy of having a drowning or near-drowning occur in a family, they are welcome to call us at Breyer Law Offices, P.C., at 602-978-6400. We do not think every possible drowning case should be brought by the family members. That is a personal decision and it must take into account much more than just legal issues and money. It must include a discussion as to what is in the best interest of the family and all that are involved. As a certified specialist in injury and wrongful death litigation by the Arizona State Bar, Mark Breyer holds a distinction shared with less than 2 percent of all Arizona lawyers. Together, Alexis and Mark Breyer share a focus on injury law and a commitment to clients we feel distinguishes us to all of our clients.
Safety around water is a very prevalent problem throughout our state. Drowning was the leading cause of accidental deaths for children from 1 to 4 years old from 1999 to 2005, according to the Drowning Coalition of Arizona. Based on Childrenīs Safety Zone, a website, in the first three months of 2009, there has already been 20 water related incidents in the Phoenix Valley area alone. Tragically, four water related incidents were fatal. The drowning rates seem to be increasing with each new year. This has to stop.
In 2007, officials responded to 92 serious water related incidents. These figures are based on an August 2008 study by the Arizona Department of Health Services. An investigation found that 45 of these incidents were for children under the age of 4. Eleven of these incidents were fatal.
Banner Childrenīs Hospital, Salt River project Safety Connection, Southwest Ambulance and Pendleton pediatrics just organized an event called Water Walk for Safety. Volunteers went to approximately 50,000 homes distributing drowning prevention information. Other agencies that participated were Apache Junction Fire, Chandler Fire, Gilbert Fire, Mesa Fire, Scottsdale Fire, Tempe Fire and Queen Creek Fire. Hopefully, people will read all of this literature and become more aware of how dangerous it is to have children around any type of water.
In an attempt to reduce the number of these incidents, Mesa emergency crews began handing out literature and other information to parents. Many times caregivers do not realize the danger of watching children around pools. Everyone needs to be aware that pools and children are not a good combination. For that matter, children also should be watched very carefully around bathtubs and toilets. Many people do not realize that children can drown in bathtubs and open toilets. Even such things as a dogīs dish or deep containers that hold water, such as for mopping, can be fatal to children.
Considering the fact that many drowning deaths occurred when a babysitter, aunt, uncle, or someone other than a parent was watching the child, we thought maybe we would add one more message in an attempt to reduce the numbers of drowning and near-drowning incidents in Arizona. While we would all hope that the risk of losing a child forever would be enough of a deterrent; maybe one more message is needed. While we do not think someone is always to blame for an accident having occurred, some drowning accidents happen due to the basic failure of keeping an eye on a child near water. For these cases, we add the following warning: allow a child to drown while you are babysitting them- expect to be sued. Expect the insurance company for your home to have to hire a lawyer. Expect to have to go through depositions where an Arizona child injury lawyer asks you questions about how the tragedy occurred. Expect to be called into court. Expect to have to worry about whether you will have the money that is going to be required to compensate the family.
None of this should matter, of course. The value of a child cannot be measured in money. The fear of losing a child should be far, far greater than the threat of lost money or anything else. However, in case there are those that take for granted how tragic the loss of a child is, perhaps this message may make a small difference. Maybe it will remind people who are watching kids that the failure to protect a child is not only a lifelong loss for the parents and family members, but it will mean years of difficult litigation as a defendant in a lawsuit. If that message reaches even one person who watches children other than their own and that message can reduce by even a fraction of a percentage the likelihood of serious and permanent brain injury or death due to drowning, then it is worth it.
If you or anyone you know needs a lawyer to answer questions after suffering the unspeakable tragedy of having a drowning or near-drowning occur in a family, they are welcome to call us at Breyer Law Offices, P.C., at 602-978-6400. We do not think every possible drowning case should be brought by the family members. That is a personal decision and it must take into account much more than just legal issues and money. It must include a discussion as to what is in the best interest of the family and all that are involved. As a certified specialist in injury and wrongful death litigation by the Arizona State Bar, Mark Breyer holds a distinction shared with less than 2 percent of all Arizona lawyers. Together, Alexis and Mark Breyer share a focus on injury law and a commitment to clients we feel distinguishes us to all of our clients.
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