North Carolina Personal Injury Lawyers Blog

The lawyers at Lee Law Offices, P.A. wish everyone a fun and enjoyable Fourth of July holiday weekend.

And in order to have fun, you must stay safe. We hope that all North Carolinians will heed to safety tips and go out of their way to make sure this Independence Day weekend is free from preventable injuries and deaths. Avoid reckless behavior that results in injuries in Winston-Salem.

As previously documented on the North Carolina Car Accident Lawyers Blog, there will be an estimated 39 million Americans driving this holiday weekend, which leaves open the possibility of accidents, so stay safe on the roads. And as discussed on the North Carolina Personal Injury Lawyers Blog, fireworks are a major cause of injuries to children, especially during holidays such as the Fourth of July. Let the professionals handle the fireworks.

Many people believe Memorial Day is the official start of boating season because the weather gets warmer and it's the first holiday weekend of the spring and summer months. So now that we're officially in the summer months, boaters will likely be active this weekend. If you are planning a trip out on the water, take extra precautions to be free from boating accidents in Winston-Salem and elsewhere throughout the state.

According to the North Carolina Wildlife Resources Commission, there were 368,004 registered boats statewide in 2009, the most recent data available. And in that year, there were 154 boating accidents and 21 fatal accidents. The latter number represents the third-highest number of deaths on the waters in the last decade.

And according to the commission, July is the month during which the most accidents occur and is the deadliest month. In 2009, 32 accidents occurred in July and six people died that year in July.

The commission points out that operator inattention and operator inexperience are the top two causes of accidents, followed by being careless or reckless and congested waters. The majority of accidents occur on open motorboats, followed by personal watercraft accidents.

So, avoid catastrophic injuries in Asheville by following these boating safety tips:

• Always have enough safety jackets
• Make sure you have working boat lights
• Always notify someone when you are leaving and when you plan to be back
• Be well-rested so you can pay attention
• Never boat and drive

Among fatal accidents, alcohol use was the number three leading cause. In non-fatal accidents, alcohol use ranked 11th. This shows how much alcohol can affect a boating accident, so please designate a captain.

But if you plan a relaxing time at home this weekend free of travel, please heed to safety tips to avoid swimming pool accidents in Charlotte.

According to the North Carolina Department of Health and Human Services, an average of 26 children died of drowning between 2005 and 2009. There were 28 in 2009 and 30 in 2008.

Swimming pools may be fun and refreshing, but they can also be dangerous. Running along the edge of a pool and slipping can cause injury, as can pool drains that suck in and injure children. And keep in mind that near-drowning incidents can cause lifelong injuries as well.

The American Academy of Pediatrics offers these tips for swimming pool safety:

• Never leave your children alone near or in the pool
• Be within an arm's length of a child younger than 5 in the pool
• Install a fence or lock the area to the pool when it's not in use
• Keep rescue equipment and a phone nearby the pool
• Remove toys from the pool so children aren't tempted to reach for them

Continue reading "Lee Law Offices Wish You and Your Family a Safe and Fun Fourth of July" »

Pentair Water Pool and Spa in Sanford, N.C., is one of many pool drain cover manufacturers that has been investigated for selling faulty drain covers to consumers, according to an article in USA Today. Swimming pool accidents in Greensboro, Hickory and elsewhere in the state are more common this time of year, so adults, babysitters and lifeguards at public pools must keep a watchful eye on small children in order to avoid an entrapment or drowning incident in the pool.

We first documented the potential pool drain cover recall in April on our North Carolina Personal Injury Lawyers Blog, when we reported that the U.S. Consumer Product Safety Commission (CPSC) subpoenaed documents from three laboratories that had tested pool and spa drain covers.

The investigation found that the testing process that determines the flow rating of drain covers was done improperly, thereby certifying certain drain covers to comply with standards that weren't matched to the Virginia Graeme Baker Pool and Spa Safety Act. The CPSC recently announced a recall of about 1 million pool drain covers, which led to the closing of public pools with faulty drain covers.

"I know this is a very difficult message for many communities to hear so close to Memorial Day weekend, but we cannot risk a child becoming entrapped in a recalled drain cover," said Inez Tenenbaum, CPSC Chairwoman.

The P&SS Act went into effect in 2008 to prevent pool accidents, especially with small children, in which the drain's suction sucks them into the drain and traps them under water. Faulty drain covers can lead to serious and sometimes fatal injuries if a child can't break loose of the drain's suction.

Other manufacturers besides Pentair Water Pool and Spa who have recalled drain covers include: A&A Manufacturing of Phoenix; AquaStar Pool Products of San Diego; Color Match Pool Fittings of Surprise, AZ; Custom Molded Products of GA; Hayward Pool Products of NJ; Rising Dragon USA of TN; and Waterway Plastics of CA.

Pool Safely reports there have already been 55 drownings and another 63 near-drownings leading into Memorial Day weekend across the U.S. in 2011. As part of a national crusade, the CPSC is kicking off the second year of the Pool Safely: Simple Steps Save Lives campaign to reduce entrapment or submersion incidents in public or private pools.

If you are a pool owner and have questions about your drain cover, call the pool industry's drain cover recall hotline at 1-866-478-3521 to get the answers you need. You can also visit The Association of Pool and Spa Professionals for detailed information about pool and spa drain cover recalls.

Continue reading "Pool drain cover recall leaves Greensboro swimmers at high risk of entrapment or drowning in pool accidents" »

We posted previously on our North Carolina Personal Injury Lawyers Blog that swimming pool drain defects and faulty drain covers can lead to a high risk of drowning accidents in North Carolina. Our Winston-Salem personal injury lawyers want to remind pool owners that drain covers are not the only risk involved in swimming pools, so use caution when you are supervising small children as we head into the heart of swimming season.

The U.S. Consumer Product Safety Commission recently announced there have been 118 pool and spa incidents reported in the first five months of 2011 in 29 different states and regions. Additional statistics provided by CPSC show that:

-96 percent of victims who are submersed in pools will die and 72 percent of fatalities occur the same day as the incident.

-4 percent of near-drowning victims survive beyond a week. In most cases, they will have extensive injuries that require medical care.

-From 2006 to 2008, approximately 383 pool and spa-related drowning incidents occurred with children under the age of 15.

-76 percent of drowning fatalities were children younger than age 5 from 2006 to 2008.

-About 5,100 emergency room visits occurred from 2008 to 2010 involving pool-related accidents for children 14 and under; 79 percent of injuries involved children under 5.

-Children ages 4 and younger accounted for 84 percent of fatalities (2006-2008) and 61 percent of injuries (2008-2010) taking place at residential locations.

"CPSC's new data shows that the number of drownings and near-drownings involving children younger than 5 are still a serious public health issue," said Chairwoman Inez Tenenbaum. "CPSC is committed to reducing the number of drowning and near-drowning incidents in swimming pools and spas in the country. The Pool Safely campaign and its partners encourage parents and children to take as many water safety steps as possible to help save a life."

The Pool Safely campaign is a national event to create awareness and practice safe behaviors in order to reduce the number of submersion and entrapment accidents in pools, which often lead to drowning.

Advocating for the campaign, Safe Kids North Carolina offers the following simple steps to save lives:

-Adults should actively supervise children near water at all times.

-Barriers that include self-closing, self-latching gates should be properly installed around the perimeter of private pools.

-Keep a close proximity to children swimming in a pool. Stay alert for inappropriate behavior.

-Adults, including babysitters, should know how to swim and perform CPR when supervising children playing or swimming in water areas.

-Alarms, barriers and sensors should be installed around pools to make them a safer environment for small children.

Continue reading "Pool Safely campaign aimed at reducing drowning deaths in Winston-Salem, elsewhere in country" »

An investigation is being conducted by the U.S. Consumer Product Safety Commission (CPSC) regarding the safety of spa and pool drain covers. They are questioning the testing process that determines the flow rating of these covers. It has been discovered that some laboratories may have used improper testing protocols when certifying these covers to comply with the Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act). If flow ratings are inaccurate spa and pool drains may fail to prevent a drain entrapment.

Our Greensboro personal injury lawyers are aware of the dangers spas and pools present due to the powerful suction of many pool and spa drains.

Three of the laboratories that test pool and spa drain covers were issued subpoenas by CPSC. The Commission received over 17,000 pages of information including the laboratories testing protocols, the test results and the type of covers tested. The massive amount of information continues to be analyzed by CPSC staff.

Unsafe drain covers in spas and pools endanger the public, something CPSC is trying to prevent. A public meeting was held last week by CPSC staff to seek answers from drain cover manufacturers, testing laboratories and other industry reps regarding current testing procedures, changes to testing procedures and the possible impact on consumer safety. CPSC wants to identify improperly tested covers in order to alert by Memorial Day weekend.

This investigation did not include large, unblockable drain covers and gravity drainage systems.

Pool and spa owners are urged to contact their product manufacturers and service providers for information on the certification and testing of drain covers. Caution should always be taken by parents and spa/pool operators in keeping children away from any pool and spa openings and drains. Non-compliant drain covers pose a risk to swimmers especially in wading pools, shallow kiddie pools or full size pools or spas with single main drain systems.

In December 2007, Congress passed the P&SS Act which went into effect a year later. Now, in order to comply with the law, all public spas and pools are required to install new anti-entrapment drain covers and other back up devices on single blockable drain systems. Pool service operator may have recommended residential pool owners have this safety measure too. All new spas and pools built since 2009 should have these new covers.

Continue reading "Drain defects can lead to North Carolina swimming pool accidents" »

The Greenville Reflector was among the media outlets reporting this week on the tragic North Carolina swimming pool accident that left a bride-to-be paralyzed.

Rachelle Friedman was the keynote speaker at the 14th annual Adapted Recreation and Wellness Day at East Carolina University. Six months ago she was pushed into a swimming pool by a good friend. She hit her head on the bottom, and is now paralyzed from the waist down. The accident happened a month before her wedding, which has not been put on hold while insurance and other issues are resolved. Our Greenville, North Carolina accident lawyers share this story as a tragic reminder of the consequences of swimming pool accidents.

The Washington Post reported that she holds no ill feelings for her friend -- the two had pushed each other into swimming pools repeatedly over the years.

The wedding has been postponed because the couple's combined income could prevent her from receiving the Medicaid checks she needs to pay for her care and rehabilitation.

In such cases, a North Carolina premise liability claim should be made against the pool owner's insurance coverage. While such a claim can be made in as amicable a manner as possible, it is vital that such accident victims move to protect their rights and their future physical and financial well-being.

The Centers for Disease Control and Prevention reports that 200,000 Americans are living with a spinal cord injury, and approximately 11,000 will suffer a paralyzing injury this year.

The initial cost of hospitalization has been estimated at $140,000. Average lifetime cost is between $500,000 and $1.5 million.

Continue reading "Knightdale, North Carolina swimming pool accident leads to paralysis" »