Drowning is a leading cause of death for young people in New York, according to the NY State Department of Health. The agency reports that almost 28 people, 19 years and younger die every year as a result of drowning-related injuries. These tragic cases impact children at a much higher rate than adults, and more than a third of the victims are just four years old or younger.
Parents who have lost a child in an avoidable drowning are left suffering unimaginable grief and loss, and struggling to understand how it happened. In most cases, the drowning could have been avoided. Holding the responsible party accountable is an important action for those who have lost a loved one in a swimming pool drowning accident in the New York City area.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP is a highly-respected law firm that has served New York City for over 50 years. Our firm operates far differently than many other personal injury firms. We strictly limit the number of cases we take on. We are dedicated to providing each client we represent with our full focus and attention. We are not here to "process cases" but to help, support, and seek justice for the people we serve. Our team of talented New York personal injury lawyers is known throughout the local legal community for their professionalism, as well as our impressive record of positive verdicts and high value settlements.
In cases of death from drowning, parents can seek some level of justice by filing a wrongful death claim. The first, and most critical step, is to get legal representation from a lawyer you can trust. All responsible parties must be identified. In some cases, the drowning occurred in a public facility, managed by city, county, or another sector of government.
The law protects governmental bodies against claim, with a short period of time allowed to file a claim before the clock runs down. Swimming pools in apartment buildings may or may not provide supervision for swimmers. Issues such as a broken gate or faulty doors could allow children to enter the area on their own. Our swimming pool accident attorneys will identify all liable parties, collect and preserve evidence, interview witnesses, and call upon our professional resources, such as medical experts, financial experts, accident investigators and others as needed. Every case is prepared to present to a jury. We are not seeking a fast, easy settlement, but full justice for those we represent.
The most common ways preventable drowning can occur include the following:
- Lack of adequate supervision
- Defective equipment (ladders, diving boards, etc.)
- Faulty pool gates, door locks, etc.
- Lifeguard negligence
- Damaged, slippery, or unsafe pool decks
The most common reason for a swimming pool drowning is lack of supervision. Children who wander off and gain access to a pool area, or who are in the pool – even in shallow water – and are not supervised can drown within a few short minutes. Near drownings, in which the person is discovered and pulled out of the water, often lead to permanent medical conditions that cannot be resolved, even with the most advanced medical treatment and care.
The lack of oxygen to the brain, called hypoxia, even for a short period of time, can leave a child in a coma, or a vegetative state. Patients with acute pulmonary edema (accumulation of fluid in the lungs, affecting the ability to breathe), respiratory arrest, or cardiopulmonary arrest, if successfully resuscitated, may have permanent brain damage with physical and cognitive impairments.
Whether your case involves permanent disabilities or you have lost a loved one, you can trust our legal team to be compassionate, professional, and committed to helping you seek full compensation for what occurred. Call our New York premises liability attorneys today at (212) 986-7353 for a free case evaluation, or connect with us by filling out our online form.
The female plaintiff fell down a flight of stairs at work and suffered a brain herniation that compressed the brain stem, which she contended was due to delayed treatment at the hospital emergency room.
Bill Hepner recently settled a case against an architect and a homeowner for $3,625,000.00. The case against the architect involved malpractice in design, which occurred over ten years before the plaintiff's fall.
Kenneth Halperin obtained a settlement at a mediation in the amount of $2,650,000.00 for a 43 year old man who was injured in an accident involving his motorcycle.
Our client sustained a tbi and underwent a 1-level cervical fusion surgery as the result of a ceiling collapse in an apartment.
Plaintiff sustained injuries to her shoulder, neck, and back after falling down stairs at work.
Plaintiff was a corrections officer who sustained multiple injuries after a ceiling collapsed and fell on her.
Bryce Moses represented a woman in her 60's who upon returning home fell through the landing of the staircase leading up to her apartment.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Robert J. Bellinson recently obtained a $1.7 million verdict in Manhattan Supreme Court on behalf of our client who sustained a closed head injury.
Plaintiff, a 32-year-old account manager at a financial institution, was injured when the elevator he was in at work quickly dropped five floors and abruptly came to a stop.
William Hepner, Paula Greco
William Hepner and another WRSMH attorney obtained a $1.5 million settlement during jury selection on behalf of a client who was injured while on the defendants' premises to fix a security camera.
WRSMH of counsel David Hoffman obtained a settlement in the amount of $1,475,000 for a 54-year-old woman who slipped and fell on an uneven portion of the sidewalk.
The defendants only offered $750,000 to settle the case. However, after the mediation, negotiations continued and Brielle and attorney Cliff Shapiro were able to ultimately settle the case for $1.45 million dollars.
Clifford Shapiro, Brielle Goldfaden
Frank Lombardo obtained $1.45 million for a client who sustained multiple injuries after slipping and falling in an icy parking lot.
Kenneth J. Halperin obtained a $1.3 million dollar settlement for a security guard who tripped and fell over an elevator weight while performing his rounds at a large commercial building in downtown Manhattan.
We filed a suit against the building landlord for safety violations. After deliberating for half an hour, the jury awarded our client $1.3 million for past and future pain and suffering.
Plaintiff sustained neck injuries after an apartment ceiling collapsed and fell on her.
Bill Hepner obtained a $1.2 million dollar settlement on behalf of a 52 year old man who was stuck in the head by the door when entering a bar.
Plaintiff sustained multiple injuries after a ceiling in an apartment collapsed and fell on him.
WRSMH attorney, Cliff Shapiro and Of Counsel, Brielle Goldfaden obtained a settlement for a 54-year-old nurse who tripped and fell on an uneven sidewalk in her neighborhood.
Clifford Shapiro, Brielle Goldfaden
Cliff Shapiro obtained a $1,050,000 recovery for our client, who was a truck driver making a concrete delivery when he fell on the defendant's property.
Clifford Shapiro, William Hepner