Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

The economic crisis that has brought about the unprecedented foreclosure rates on Staten Island homes has also brought about unexpected dangers. A foreclosed Sea View house was recently in the news for having a green scum filled swimming pool, with a dead cat floating on top, in the backyard. The home was foreclosed and purchased by Consumer Solutions REO, LLC, a Colorado based company that specializes in purchasing foreclosures. Despite the fact that they have owned the home since September 14, 2009, the pool was allowed to remain filled with water and the overall condition of the property deteriorated. 

The standing water in the pool is a nuisance and hazard for the neighbors surrounding the home. Besides the possibility of West Nile virus-bearing mosquito's breeding in the water, the unkept grounds invite infestation by rats, mice and other bugs. The rodents and pests can work their way into adjoining homes, requiring the expense of an exterminator to control the infestation. The City of New York has cut 57 out of 84 full-time employees from their rat control services.

Also, an abandoned, unsecured house invites children to play, sometimes with deadly consequences. An unattended swimming pool invites children to play around it, creating a danger if they happen to fall in, and possibly providing no way to get themselves out in the absence of a ladder. If you have an abandoned or foreclosed house in your neighborhood that is in need of repair or maintenance, call 311. The City will send out inspectors to determine if the house poses any dangers to area residents. Make sure that your children are aware of the dangers that the backyard pool poses. If the fence surrounding the pool isn't locked, buy a lock and it put it on the fence yourself. The few dollars that you will spend for the lock is such a cheap cost for the peace of mind that it will bring. If the owners of the property are not willing to take responsibility, I would have no problem making sure that my house, and my neighbors, is safe for my children to play outside.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An 8-year old Staten Island boy, Tony Li, drowned in a Super 8 Motel swimming pool Monday night in Plattsburgh, New York. The child was swimming in the pool with his older sister, who also didn't know how to swim. Tony somehow found his way from the shallow, 3-foot end to the deeper, 6-foot end of the pool. When he began to flounder, his older sister tried to help but couldn't save him. The boy was pulled from the water and CPR administered but he was unable to be revived.

The news reports have not made clear if a lifeguard was on duty or what signs, if any, were posted warning of the dangers and that there was no lifeguard on duty. In New York City, the Department of Health and Mental Hygiene mandates strict supervision at pool facilities, both for physical safety and water quality. Outside of New York City, a lifeguard is not required to be present. The New York State Attorney General's office and the New York State Department of Health have published a disclaimer for hotel operators titled "Use of Our Swimming Facilities." The disclaimer notifies hotel guests that the pool is not supervised by a lifeguard, instead, they have established a series of safeguards. The best recommendation in the disclaimer is that there is no substitute for adequate supervision. The disclaimer suggests that a minimum of two adults, 18 years of age or older, be present whenever the pool is in use and that children under 16 years of age be accompanied by a parent or guardian. The hotel guest is required to acknowledge the information contained in the disclaimer before being allowed to use the pool.

Please make sure that our children are properly supervised whenever they are in the pool or the ocean. The Centers for Disease Control recommends (pdf) that children, even toddlers and young children, learn to swim. In fact, the New York City Parks Department provides free swimming lessons at local Staten Island pools. Drowning is the leading cause of all deaths for children 1 to 4 years old. In nearly 9 out of 10 child drowning-related deaths, a parent or guardian claimed to be supervising the child. If you are watching your child, don't be distracted by talking with friends, playing cards or other games or even talking on the phone. It only takes 20 seconds for a child to drown. Please give them your undivided attention when swimming by a pool or at the beach. Our children rely on us to protect them.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The New York City Special Commissioner of Investigation has released its report into the drowning of a 12-year old New York City public school student. Nicole Suriel was on a field trip to Long Beach, New York with her 6th grade class from the new Columbia Secondary School. Nicole entered the water and was apparently caught in a rip tide. She was found an hour and a half after she was reported missing.

This is an absolute tragedy, one compounded by the fact that it should never have occurred. The drowning occurred while no lifeguards were on duty. The lifeguards were off duty at the time of the trip and were scheduled to start working weekdays after the Memorial Day weekend. "No Swimming" signs were posted along the beach when the students arrived, advising that lifeguards were not on duty. The 24 children were accompanied to the beach by only three chaperones, an inadequate number given the location of the field trip, and that at least one could not swim.

The report (pdf) found that the teacher in charge, 26-year old Erin Bailey, exhibited "poor judgment" in allowing the students to swim without lifeguards on duty and that the school failed to provide enough chaperones for the trip. What surprised me is that the investigation revealed that the parents signed a "Universal" permission slip at the beginning of the year, but never one for this particular trip. The Universal permission slip allowed the school to take the children only short distances from school, unlike the trip to Long Beach, which involved a subway ride and a trip on the Long Island Rail Road. Parents were unable to make the choice as to whether they wanted their child to go on such a field trip. Given the fact that Nicole couldn't swim, I would be hesitant to allow my child to go on a field trip to the beach. I am sure if the trip was discussed thoroughly with the parents, concern would be voiced over the lack of adult supervision for 24 students. Instead, the field trip went ahead and the improper planning and lack of supervision caused the tragic death of a 12-year old girl.

As parents, we need to protect our children as they are too young to protect themselves. We need to be involved and make sure what they are doing in school each day, and to say "no" if the situation makes us uncomfortable. Hurt feelings will heal, this tragedy never will. As a parent, my prayers go out to her family as they try to recover from their loss.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As schools let out for the summer and the temperatures have been above 90 degrees for the last few days, the City's public pools have opened up around Staten Island. Many backyard pools have been opened for weeks already, especially with the soaring temperatures and the approach of the 4th of July holiday.

When it comes to swimming pools, too often tragedies occur that could be prevented. Please make sure that your children are safe. Even if you have a small inflatable pool in your backyard, only inches deep, a small child can still drown if they fall into the pool. If you are having a party, consider hiring a lifeguard to watch the pool, especially if you are going to busy entertaining your guests. If you swim in a public pool or at a beach, make sure that there is a lifeguard is on duty before you go in the water. If there is no lifeguard, or a red flag is up, STAY OUT of the water!

If you have a pool, make sure that your child learns to swim. There are many programs that teach children how to swim. These programs teach "self-rescue", which would provide a child with the ability to swim to the side and climb out of the pool if they accidentally fall in. Although learning to swim is not a substitute for supervision, teaching a child how to get out of the pool may just help to prevent a tragedy.

If you own a home with a pool in the backyard, remember that the law requires that they be surrounded with at least a 4-foot tall barrier preventing access to the pool, a gate that is self latching and that the gate be locked when the pool is not in use. These laws were passed to help prevent tragedies. Make sure that your pool is up to code and if you go to a neighbor's or friend's house, make sure that their pool is safe as well. We can all help to prevent these tragedies from occurring.

• Email This
• Print
• Comments
• Trackbacks
• Share Link