{"id":323,"date":"2009-04-07T01:44:24","date_gmt":"2009-04-07T09:44:24","guid":{"rendered":"https:\/\/theathleteslawyer.com\/cases\/adult-swimming-student-drowns-in-pool-settlement-for-washington-wrongful-death-case\/"},"modified":"2009-04-07T01:44:24","modified_gmt":"2009-04-07T09:44:24","slug":"adult-swimming-student-drowns-in-pool-settlement-for-washington-wrongful-death-case","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2009\/04\/07\/adult-swimming-student-drowns-in-pool-settlement-for-washington-wrongful-death-case\/","title":{"rendered":"Adult swimming student drowns in pool; settlement for Washington wrongful death case."},"content":{"rendered":"<p>In this tragic case, a woman drowns in a pool, causing brain injury and death.  Her counsel alleged failure to follow pool operations manual and universal lifeguarding techniques. The 26-year-old plaintiff was enrolled in swimming lessons to learn how to swim for her honeymoon. Her classmates called her a &#8220;sinker&#8221; because she could neither tread water nor swim the width of a pool. This case hits especially close to home, as Dog Landau is a &#8220;sinker&#8221; who did not learn to swim properly until he was in Law School.  That&#8217;s right, the &#8220;TriathlonTrialLawyer,&#8221; an All American Sprint and Olympic Distance triathlete, was a &#8220;sinker&#8221; at the local Y, and only swam the breast stroke, since that&#8217;s the only stroke where he could keep his head above water.  Even today, he prefers &#8220;wetsuit legal&#8221; races, as the added buoyancy gives him greater security.<\/p>\n<p>According to the April 2009, AAJ <a href=\"https:\/\/www.Justice.org\/lawreporter\" title=\"AAJ law reporter\" target=\"_blank\">Law Reporter<\/a>, the facts of this case  were as follows:  After a swimming lesson, the instructor left the pool area while the plaintiff was in the deep end of the pool without notifying the on-duty lifeguard of her presence. Shortly afterward, a swimmer notified the lifeguard that there was a body at the bottom of the pool. Several lifeguards pulled the young woman from the pool, but she was unconscious and not breathing. She suffered brain damage and was put on life support, which was removed a few days later after she was declared brain-dead. <!--more--> The plaintiff was survived by her parents, worked as a laboratory research assistant earning $38,000 annually. Her estate claimed $357,000 in lost earnings.<\/p>\n<p>Her parents, on behalf of her estate, sued the city that owned and operated the pool. Plaintiffs alleged the swimming instructor failed to follow the pool operations manual and notify the lifeguard that this swimming lesson student was in the pool, and the lifeguard failed to follow universal lifeguarding techniques by scanning the pool every 10 seconds and making contact with any victim in 20 seconds, known as the &#8220;10\/20 rule.&#8221; Defendant contended that the swimmer was comparatively negligent. The parties settled before trial for $350,000.<\/p>\n<p>Plaintiffs&#8217; and Defense counsel both retained experts in the following areas in order to present this tragic case in court: medical aspects of drowning process, aquatics safety and lifeguarding techniques, and economics.  The case is: Green v. City of Tukwila, Wash., King Co. Super., No. 07-2-20340-1 KNT, July 14, 2008.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In this tragic case, a woman drowns in a pool, causing brain injury and death. Her counsel alleged failure to follow pool operations manual and universal lifeguarding techniques. The 26-year-old plaintiff was enrolled in swimming lessons to learn how to swim for her honeymoon. Her classmates called her a &#8220;sinker&#8221; because she could neither tread&hellip;<\/p>\n<p><a class=\"more-link\" href=\"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2009\/04\/07\/adult-swimming-student-drowns-in-pool-settlement-for-washington-wrongful-death-case\/\" title=\"Continue reading &lsquo;Adult swimming student drowns in pool; settlement for Washington wrongful death case.&rsquo;\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[206,244,249,1133,1147,1697,1701,1840,1887,1888,2894,3273,3469,3991,3994,4222,4653,5251,5323,5339,5798],"class_list":["post-323","post","type-post","status-publish","format-standard","hentry","category-cases","tag-and-economics","tag-aquatic-exercise","tag-aquatics-safety-and-lifeguarding-techniques","tag-brain-damage","tag-brain-injury","tag-declared-brain-dead","tag-deep-water-running","tag-doug-landau","tag-drowning","tag-drowning-death","tag-injured-athlete","tag-lifeguard","tag-medical-aspects-of-drowning-process","tag-pool-operations-manual","tag-pool-therapy","tag-reduce-inflammation-and-swelling","tag-sinker","tag-triathlon-trial-lawyer","tag-unconscious-and-not-breathing","tag-universal-lifeguarding-techniquehydrotherapy","tag-wrongful-death"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Adult swimming student drowns in pool; settlement for Washington wrongful death case. - Sports Injury Law<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2009\/04\/07\/adult-swimming-student-drowns-in-pool-settlement-for-washington-wrongful-death-case\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Adult swimming student drowns in pool; settlement for Washington wrongful death case. - Sports Injury Law\" \/>\n<meta property=\"og:description\" content=\"In this tragic case, a woman drowns in a pool, causing brain injury and death. Her counsel alleged failure to follow pool operations manual and universal lifeguarding techniques. The 26-year-old plaintiff was enrolled in swimming lessons to learn how to swim for her honeymoon. 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