Pool Safety and Children in South Carolina

Pools are a wonderful way to beat the South Carolina heat, spending an afternoon splashing and playing, providing the kids – and you – with a relatively inexpensive and easy source of entertainment.

But pools, as fun as they are, can be a serious danger. The U.S. Centers for Disease Control and Prevention reports that from 2005 to 2014, there were an average of 3,536 fatal unintentional drownings per year that were not boating related.About 20 percent of those who died in drowning accidents were children under the age of 14. The CDC further reports that for every one child who dies in a drowning accident, an additional five receive emergency room care for near-drowning related injuries.

Drowning Injuries in South Carolina

According to the Children’s Trust of South Carolina, drowning is the number one cause of injury related deaths amongst children ages one to four. In South Carolina, data from 2000 to 2010 shows that over this time period, 223 children and teens died from drowning incidents.

When drowning injuries are not fatal, they can have serious long-term consequences. The CDC data cited above provides information about traumatic brain injuries caused by a lack of oxygen from a near-drowning experience. Nonfatal drownings can cause brain damage that is disabling, resulting in permanent memory and concentration problems, learning disabilities, and permanent loss of basic functioning, such as speech or cognition.

Causes of Pool Accidents and Drowning/Near-Drownings

Pool accidents are not limited to drowning or near drowning incidents. Other types of pool accidents that can cause catastrophic injury or death include:

  • Slip and fall accidents;
  • Electrocutions;
  • Diving accident injuries (traumatic brain injuries, spinal cord injuries, bone fractures); and
  • Swimming pool disembowelment from swimming pool drains.

Most of these accidents are completely preventable, and occur because of a lack of parental/adult supervision, running or horse play on slippery and dangerous surfaces, objects and debris making walking surfaces dangerous, wiring near water or use or electric-powered devices near water, diving or jumping into pools, uncovered swimming pool drains, inability to swim, and a lack of use of flotation devices.

How to Prevent Pool Accidents and Injuries Involving Children

As a parent of a child in South Carolina, there is likely nothing more worrisome to you than the idea of your child being significantly injured; the idea of your child drowning is surely horrific. Luckily, there are a number of things that you can do to reduce the risk of your child being injured at the swimming pool, including:

  • Talking to your child about safe swimming practices, including never entering a pool alone or when an adult is not present;
  • Talking to your child about the dangers of running around pools, engaging in horseplay, or diving head-first into shallow waters;
  • Supervising your child at all times – the best way to prevent a drowning-related injury or death is to always know where your child is and whether or not they are safe in the pool;
  • Signing your child up for swim lessons;
  • Putting a barrier around a home pool to keep your child, and other children, out when you’re not around;
  • Making sure your home pool’s drain is protected with up-to-date safety features;
  • Using child-appropriate flotation devices, including approved life vests; and
  • Learning CPR, which may save your child’s life in the event of a near death incident caused by drowning.

Other Solutions:

Invest in Swimming Lessons

If your children are unable to swim or aren’t very strong swimmers, it may be worth your time to get them in for swimming lessons before you open the pool for the season. Most park districts have affordable swimming lessons for city residents, and beyond that, many cities have a variety of swimming schools to choose from. While this doesn’t guarantee protection from a negative outcome, it can give you peace of mind as your children enjoy their summer break.

Have the Right Gear Around

Setting out the proper gear near the pool ensures that you are ready for whatever situation may arise. Of course, this includes protective gear for little swimmers. Consider keeping life jackets nearby, as well as Puddle Jumpers or other Coast Guard-approved swimwear for toddlers. If your children regularly have friends over, make sure you have enough gear for everyone to swim safely.

Beyond that, you’ll also want to have first aid gear and lifesaving equipment accessible. Keep a life ring, life hook, or rescue tube that you can use to save a child if they get in a situation that they can’t get out of. You may also want to invest in an anti-entrapment drain cover. Pool drains have occasionally trapped young swimmers and caused drowning deaths. This is a fairly inexpensive fix that could literally save a life.

Set Firm Rules

Whether your kids are swimming in your pool or in a neighborhood pool, set firm rules. Make sure they never enter the water without you around or without the proper safety gear. There should be no running near the pool or on the deck, nor any electronics that could get damaged. Prohibit aggressive games that involve dunking people underwater or keeping them underwater.

It is especially important to set these rules and enforce them at your own pool. Remember, as a homeowner, you could be liable for anything that happens in your pool. Although kids may not know why the rules are so important, they still have to follow them. Setting these rules early and enforcing them consistently can prevent a tragedy.

Use a Swimming Pool Fence

Part of having your own swimming pool is protecting those who might not be able to avoid the temptation of a pool. Even if someone trespasses on your property and enters your pool without your permission, you could still be held liable if you did not take extra steps to keep them from getting in the pool. A fence provides another barrier to keep uninvited visitors out. It can also save the lives of babies or toddlers who might not know better. Choose a fencing option that automatically swings shut, so your pool will be safe even if someone forgets to close the fence behind them.

Clarify Your Expectations with Neighborhood Parents

In many neighborhoods, the parent with the coolest pool inevitably ends up hosting all the local kids all summer. If you choose to allow neighborhood kids to swim in your pool, make sure you connect with their parents before they step into the water. They must be ready to enforce your rules if they want their children to keep that privilege. Ensure that no one enters the water if there is not adult supervision and remind kids that they must ask for permission every time they want to swim.

What to Do if Your Child is Injured at the Pool

At the law offices of Peake & Fowler, our experienced South Carolina personal injury attorneys sincerely hope that you never become one of the parents that has to cope with losing a child to a pool-related injury, or a parent whose child is seriously harmed during what was supposed to be a fun day in the sun.

If your child is injured, we can assure you that we will advocate for you to help you seek compensation for losses your family has suffered. We can build a case against the manufacturer of a pool drain, a property owner, or another liable party if your child’s pool injury would not have occurred but for the negligence of another. If you have questions or if your child is harmed, please contact us today at (803) 788-4370 to schedule your free consultation.

Causes of South Carolina Truck Accidents

Commercial vehicles and 18-wheelers are a common sight on South Carolina roadways and are responsible for transporting everything from food, produce, and livestock to hazardous materials and toxic chemicals. These vehicles, which can weigh 20 times more than the average car without any permits for oversized weight, are crucial for our economy, but are inherently dangerous. In fact, the South Carolina Department of Public Safety reports that in a single year, there were a total of 41 fatal crashes involving tractor trailers, resulting in 47 deaths.

Tractor trailer and semi-truck accidents are almost always preventable. The following considers some of the top causes of truck accidents in our state– if you are involved in a commercial truck crash, contact the experienced South Carolina truck accident attorneys at Peake & Fowler.

Truck Driver Errors

In a Large Truck Crash Causation Study published by the Federal Motor Carrier Safety Administration (FMCSA), driver error was a leading cause of truck crashes. Driver error was the “critical reason” for the crash in 87 percent of crashes recorded. The FMCSA further categorized driver error into four subcategories of crash causes, including:

  • Non-performance – falling asleep behind the wheel or suffering from serious physical impairment;
  • Recognition – driving while distracted or inattentive, or failing to observe and assess driving conditions;
  • Decision – driving too fast for conditions, following another driving too closely, misjudging the speed of other vehicles, etc.; and
  • Performance – Overcompensating to correct an error, panicking, or exercising poor control of the vehicle.

In addition to the above, making illegal maneuvers, being unfamiliar with the roadway, using over-the-counter drugs, or using illegal drugs or alcohol were also reported causes of truck accidents by the FMCSA. It should be noted that both truck drivers and the drivers of standard passenger cars may be to blame for negligent behavior that causes a collision.

Vehicle Problems

Another cause of truck accidents in South Carolina are vehicle problems. Vehicles problems may include defects with the vehicle itself, such as defective brakes or tires, or cargo problems (improperly loading of cargo or improper securement) that leads to cargo shifts. Vehicle problems contribute to many truck accidents, and are almost always avoidable. Those who may be held liable for a vehicle problem could include the trucking company for failing to maintain the truck, a repair company for failing to properly fix a truck defect, the manufacturer of the truck or defective part, or a shipper or loader of cargo. Often times, a vehicle problem leads to a crash that the truck driver, even when acting diligently and responsibly, cannot mitigate.

Environmental Hazards

Sometimes, neither the driver nor the vehicle (or rather, the party who is responsible for a defect with the vehicle) are to blame for a truck accident. The cause of the accident may be a problem with the environment. For example, wet or slippery roadways, animals or debris in the road, or other roadway problems, such as potholes or inadequate/incorrect signage may cause a truck accident. In some cases, there be no one to blame – for example, an animal darting into the road is impossible to predict. In other cases, a company or government entity may be responsible. For example, if a dangerous road surface condition contributes to the accident, and the party responsible for maintaining the roads knew of the condition yet failed to repair it in a reasonable amount of time, they may be held liable.

Who Is Liable for My Truck Accident?

Driver errors, vehicle problems, and environmental hazards are the top three causes of truck accidents in South Carolina. While truck accidents are less common than are accidents involving standard passenger cars, they do happen, and can have catastrophic effects for those involved. If you have been involved in a truck accident that you believe was the fault of another party, you need our experienced South Carolina commercial truck accident attorneysto open an investigation, analyze evidence, and build your claim.

We are experienced in representing clients who have suffered significant losses in truck accidents in South Carolina. To schedule your free consultation with the knowledgeable truck accident attorneys at Peake & Fowler and learn more about proving liability and seeking recovery after a crash, contact us today. We are available to talk at (803) 788-4370, or can be contacted through the online form on our website.

How to Stay on Top of Your Case After You Hire a Lawyer

Hiring a South Carolina personal injury attorney after suffering serious harm because of the actions of another is one of the smartest things that you can do. While working with a lawyer does not guarantee a settlement, it does significantly improve your chances of recovering compensation for your losses.

One of the benefits of hiring a lawyer is that an attorney will handle the bulk of your case for you– your attorney will organize all documents and evidence, depose witnesses, send demand letters, negotiate on your behalf, and more. However, this does not mean that you can check out of the process and just let your lawyer handle things. It is very important that you remain an active participant in your case and stay informed of all developments.

For those who have been injured and are already working with a personal injury lawyer, here are some tips and to-dos when it comes to staying on top of your case. Staying on top of your case helps both you and your personal injury lawyer.

Provide Your Attorney with Requested Information

One of the best ways that you can participate in your case and help your South Carolina injury lawyer effectively do their job is to provide your attorney with requested information in a timely manner. This includes answering all of your attorney’s questions and supplying documents when needed. You attorney will likely request a lot from you, ranging from medical records to personal details about your life, so be prepared.

Ask Questions

One thing that many clients struggle with is knowing what to ask of their personal injury lawyer, and when it is okay to ask questions. If at anytime during your personal injury case you don’t understand something, want to know more about any facet of your case, or have a concern about your case’s progress, ask your attorney! Part of your South Carolina personal injury lawyer’s job is to provide you with clarity when there are things that you don’t understand, and to competently provide you with answers to even your toughest legal questions.

Follow Up Routinely

Even if you do not have a specific question, following up with your lawyer on a weekly or bi-monthly basis is a great idea. Emailing can be easier and less cumbersome than is placing a phone call, and can be a great way to get in touch with your lawyer when you or they are busy. Emails should be concise and to the point, but there is no problem with sending frequent emails to see how your case is coming along.

Maintain Discretion

One way that you can help your South Carolina personal injury lawyer and your case, and show that you are committed to the outcome of your case, is to maintain discretion until your case is settled. This means:

  • Refraining from discussing your case with anyone other than your lawyer and immediate family members; and
  • Limiting your social media use (or suspending your accounts temporarily).

The importance of doing these two things cannot be stressed enough – all things that you post on the internet are public and can be used against you, and discussing your case may damage your ability to secure a positive outcome. Even talking about your case with your family should be done with the utmost discretion.

Follow a Prescribed Treatment Plan

Finally, while you may not be able to decipher legal precedent or cross-examine witnesses, you can do something very important for the outcome of your case: follow your prescribed treatment plan. If you seek medical care for your injuries and your doctor tells you that in order to heal, you need to follow a prescribed treatment plan, do it. If you do not follow your doctor’s orders, or if you miss doctor’s appointments routinely, you are giving the other side ammunition that can be used against you. Not attending doctor’s appointments or not following a treatment regimen implies that you are not as injured as you say you are, and therefore may not deserve the compensation amount you are requesting.

Learn More About the Personal Injury Claim Process Today

If you are injured in South Carolina and have questions about filing a personal injury claim and what your role throughout the process may look like, contact our patient South Carolina personal injury attorneys at the offices of Peake & Fowler today. A consultation with our attorneys and staff is free, and is a great opportunity to learn more and ask questions. Contact our office today at (803) 788-4370.