Bentonville Drowning Accident Lawyer


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Serving clients in Fayetteville and all of NW Arkansas


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Pools are supposed to provide a safe place for children and families to relax, cool down, and otherwise escape the summer heat. However while pools can certainly provide hours of summer fun, they are not without their risks and need for precautions. While at many pools ample safety precautions are taken, at others there may be room for improvement regarding safety issues. However, regardless of the steps taken to prevent an accident, injury, or drowning, nothing can replace constant vigilance by lifeguards, parents, caregivers, and others charged with supervising the pool, pool area, and pool decks.

If you or a loved one has suffered life-altering injuries due to a negligent or reckless public or private swimming facility, the Kieklak Law firm may be able to fight for you. For more than 20 years Ken Kieklak has represented north Arkansan families struggling with the aftermath of an unexpected serious injury or wrongful death. To schedule your free and confidential personal injury consultation call (479) 251-7767 today or contact us online.

Who Is Most at risk of Drowning or Aquatic Recreational Injuries?

During the five year period from the beginning of 2005 until the end of 2009 CDC statistics show that there were an estimated 3,355 annual drownings – roughly an average of 10 drowning deaths each day. Boating accidents accounted for an additional 347 deaths, on average, each year. However the risk of drowning is not evenly distributed across the population. Males, children, and minorities all have a statistically higher risk of dying due to drowning. Nearly 80 percent of those who die due to drowning are male while children aged one year to four years have the highest drowning rates. In fact, birth defects is the only cause of death that outranks drownings for children aged one to four years. For children aged one to 14 years, drowning remains the second-most prevalent cause of death. For African-American children aged 5 years to 19 years, there is 550 percent increase in the likelihood of a swimming pool drowning as compared to a Caucasian child of the same age. However, a higher drowning risk doesn’t mean that pool owners and swimmers cannot take precautions to reduce that risk.

What Are Common Risk Factors in Drowning Incidents?

Pool owners, those who control a pool, and swimmers alike could all benefit from identifying, knowing, and addressing common risk factors involved in drowning incidents. While every accident is its own product of a unique combination of certain factors and circumstances, the likelihood of additional accidents may be reduced by awareness of the following risk factors:

  • Inability to swim – Waders, bathers and others who venture into a pool have an increased drowning risk if they cannot swim or they are weak swimmers. However research has shown that formal swim train between the ages of one year and four years can reduce the risk of drowning.
  • Solo swimmers – people who swim alone also face an increased drowning risk because they may be unable to reach or call for help should something go wrong. If the person has a seizure disorder or other condition that can cause a loss of consciousness this risk is even more pronounced.  Swimmers should always use the buddy system and, ideally, always be supervised by an adult who can also swim.
  • No fence or pool barrier – The lack of a fence or other barrier can make your pool into an attractive summer destination for children trespassers. The installation of a four-sided fence that can completely block the pool from view along with the removal of toys and, floats, and balls from the pool deck can also remove an enticing temptation from view.
  • Alcohol – the use of alcohol is associated with nearly 70 percent of all deaths due to aquatic recreational activities and about 25 percent of drownings. Use of alcohol impairs balance, judgment, and one’s ability to react. Exposure to heat and direct sun can amplify these effects.

Many other factors can contribute to causing a pool drowning incident. However, a properly maintained pool and, in the case of a public pool, a properly guarded pool can significantly reduce the likelihood of a life-altering injury or death.

Rely on Bentonville Drowning Accident Lawyer Ken Kieklak

If you or a loved one has been seriously injured due to negligence or recklessness at a public or private pool, Ken Kieklak, Attorney at Law may be able to fight for you. For more than 20 years Ken Kieklak has fought on behalf of injured Arkansans. To schedule a free, confidential personal injury or wrongful death consultation, call (479) 251-7767 today or contact us online.

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