Drowning at an Indoor Aquatics Center: When Lifeguard Staffing and Vigilance Fall Short
A trip to an indoor aquatics center turned tragic when a swimmer entered the water during public swimming hours hoping to improve his fitness—and never came home.
The facility contained three separate swimming areas: a family pool, a diving well, and a competition lap pool. Despite the size and complexity of the facility, only two lifeguards were on duty at the time of the incident—less than the required staffing level according to plaintiff’s aquatics safety expert.
Several young boys were using the diving boards when they noticed the man’s body at the bottom of the pool. Recognizing that something was wrong, the children alerted a lifeguard. Their warning, however, was not taken seriously.
A lifeguard supervisor finally recognized the emergency and directed the lifeguards to begin the rescue. The first lifeguard could not reach the bottom of the pool and was unable to retrieve him. Ultimately, another, stronger lifeguard jumped into the pool and brought the man’s lifeless body to the surface.
Attorney Michael Kiselica, founder of Kiselica Law Firm in Providence and an experienced personal injury and wrongful death trial attorney, represented the family. He turned to Focus Graphics to transform the evidence into a compelling visual presentation that demonstrated how inadequate staffing, poor surveillance, and a delayed response contributed to the tragedy.
The finished 3D animation gave the mediator a concise, visual understanding of the plaintiffs’ case before mediation even began. Just as importantly, it demonstrated that Kiselica and his team were fully prepared to take the case to trial. The matter ultimately resolved confidentially.
“I sent the animation to the mediator a week before mediation, and he told me it helped him quickly understand the plaintiffs’ case. He commented several times on how well prepared we were for trial. Having the Focus Graphics animation was certainly part of his assessment that we were geared up and ready to try the case.”
Michael Kiselica, Esq.
Providence, RI
KLF Law
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