The Fourth of July holiday should be a time of celebration for family and friends. Such was not the case for Kyle Allen, a 5-year-old boy in Columbus, Ohio. Kyle and his 3-year-old brother were left home alone by their mother for an extended period of time during the afternoon.
At some point while they were unattended, the two boys walked over to the neighborhood pool. The pool was approximately a block away from the boys’ home.
Evidently the pool was not staffed with a lifeguard. In addition, the young boys evidently had no problem entering the pool area and the pool itself. In other words, even if the pool had a fence and gate, the boys were able to pass through and gain access to the pool area with no problem.
There is also a lack of specific information about whether other adults were directly around the pool at the time of Kyle’s downing. What is known is that there were come bystanders at least in the vicinity that ultimately responded when someone realized that Kyle was motionless in the pool.
The bystanders did attempt to revive the child. The boy was taken to Nationwide Children’s Hospital. Kyle died seven days later as a result of the drowning.
Columbus police initiated an investigation into the death of Kyle Allen. Ultimately, a grand jury indicated the boy’s mother for involuntary manslaughter. The indictment was based on the fact that the mother left her young boys alone for an extended period of time, a situation that left them at risk.
Criminal charges arising out of accidental drowning cases aren’t particular commonplace. Claims for losses based on wrongful death or injuries do happen, however. Drowning is the third leading cause of accidental death worldwide.
In the United States there are approximately 3,400 accidental drowning deaths in the United States, according to the U.S. Centers for Disease Control and Prevention. On average, 10 people drown in the United States each and every day. Drowning is the #1 cause of death of children between the ages of one and four in the U.S.A.
The tragic case of Kyle Allen illustrates a number of different ways different parties may be negligent in a situation involving the drowning of a child. Of course, the report presented a moment ago focused on the mother. But there very well may be other parties that were also negligent when it comes to this 5-year-old boy’s death.
As mentioned, there is a question about pool security. A neighborhood or community pool – indeed, even a pool at a private home – must be appropriately secured. The failure to maintain a proper fence and locking gate around a public, community, or private pool is likely to be considered negligent if a child ends up drowning in such a pool.
There can be other considerations as well when it comes to the matter of keeping a swimming pool reasonably safe. For example, if a pool has a lifeguard in attendance, the safety personnel must remain focused on what is going on in the water. A distracted lifeguard can be deemed negligent if a child using the pool drowns.
Mechanical issues may also come into play. For example, a child or even an adult might get a foot or hand trapped in a pool drain. Being able to extract his or her self from the drain, drowning might result.
If you’ve lost a loved one in a drowning accident and wonder what recourse you might have to obtain justice, a drowning accident lawyer from The Doan Law Firm stands ready to assist you during this difficult time. A nationwide law firm with 40 offices located from coast to coast, we can schedule an initial consultation and case evaluation for you any time by calling (800) 349-0000.
Our drowning accident lawyer hotline is staffed 24 hours a day, 365 days a year, including major holidays. There is no cost for an initial consultation with an experienced member of our legal team.
The Doan Law Firm makes an attorney fee promise to you. Our firm never charges a fee in a drowning accident case or any other type of personal injury claim unless we win for you.