Drowning, Near drowning, and Brain Injury

De Caro & Kaplen partner Michael V. Kaplen, a three-term president of the Brain Injury Association of New York State, and professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School, discusses drowning, which is the leading cause of death for children under 4 in the United States, how near drowning often leads to brain injury, and important safety measures that can help to prevent swimming pool accidents.

Drowning and Near Downing is Preventable

Drowning Statistics:

Drowning is the leading cause of death in the United States for children under 4 and the third leading cause of injury to children between 5 and 19 years of age, according to the American Academy of Pediatrics.

What Injuries Result From Near Drowning?

Near drowning because of oxygen deprivation can lead to severe neurological brain damage resulting in cognitive and physical brain injury.

Did you know that it takes only approximately 5 minutes for brain injury to result in a near drowning?

Drowning Prevention Steps:

• Constant supervision of children. A parent on a cell phone or chatting with adults, is not providing proper supervision. Do not drink alcohol while supervising children. 
• Controlled access to swimming pools. Installation of proper gates, fencing, and door alarms is necessary. Gates and doors need to be self-closing and self-latching.  Fencing needs to be installed on all sides of the pool area.
• Swimming lessons for all children.  Children of all ages need to learn how to swim. Swimming lessons must be provided to all children in all communities without regard to cost.
• Pool covers and pool alarms when the pool is not being used should also be installed.
• Lifeguards need to be on duty.
• Telephone access must be available for immediate assistance.
• Life jackets need to be used in pools for those who cannot swim   Foam toys and air-filled toys are not life jackets.

Drowning and Personal Injury Attorneys

When a drowning or near drowning occurs because of negligence in failing to take the proper precautions or measures to prevent this preventable injury, then legal assistance may be necessary.

The personal injury attorneys at De Caro & Kaplen, LLP have successfully represented victims of near drowning and deaths caused by drowning accidents.

De Caro & Kaplen, LLP, The Brain Injury Law Firm® have protected the rights of brain injury and accident victims for more than 40 years.

Call us toll free at  (866) 272 4652 for a no obligation, free consultation or text us at (833) 227-1410. 

About The Author

Michael V. Kaplen represents victims of vehicle collisions, unsafe buildings and construction sites, and medical malpractice, and is a preferred attorney of The Brain Injury Association of America.

Michael is board certified as a Civil Trial Advocate and board certified in medical malpractice litigation. He is a Professorial Lecturer in Law, The George Washington University Law School, The Legal Aspects of Traumatic Brain Injury.

Michael is past chairman of the American Association for Justice (AAJ) Automobile, Highway and Premise Liability Section, past chairman of the AAJ Traumatic Brain Injury Litigation Group, three term president of the Brain Injury Association of New York State served two terms as chair of the New York State Traumatic Brain Injury Services Coordinating Council and vice-president, New York State Academy of Trial Lawyers.

He was invited by President Obama to participate in the White House Healthy Kids & Safe Sports Concussion Summit.

He is admitted to courts in New York, Florida, and Washington, DC. He has been selected as a New York Super Lawyer and recognized by Best Lawyers of America and U.S. News and World Report in personal injury law.