A tragic drowning accident in Long Island has claimed the life of a toddler. 4-year old Justin McConville was at a family friend’s house with his mother when he accidentally drown in the family pool. His mother had been invited to the home by a family friend for a backyard barbecue and took her eyes off the boy for what seemed like just an instant. Moments later the family friend found the boy at the bottom of their above ground pool.
Family members pulled the unconscious boy from the water and performed CPR until paramedics arrived but it was too little too late. The boy was transported to a local hospital but he was pronounced dead on arrival.
Even though this pool was just four feet deep, it presented a giant risk for children. Every year hundreds of individuals (mostly children) drown in New York because they’re left unattended in backyard pools. It takes just seconds for a young one to slip below the water and inexperienced swimmers can drown in the blink of an eye. And near drowning accidents in New York can claim lives even hours after the initial submersion.
New York law requires that all pool owners have fences around their pools and gate alarms so that children cannot sneak into these hazards without adult supervision. Under the law, backyard pools are considered an “attractive nuisance” which can lure unsuspecting children in and cause injury and even death. Even temporary pools (such as soft-sided or inflatable pools) are classified under this category of hazard.
If you have lost a loved one in a drowning accident in New York due to the negligence of another individual, you may have legal options available to you that can help cover medical expenses, pain and suffering, and more. Remember, the safety of a backyard pool is the responsibility of the property owner. Contact an expert New York City drowning accident attorney immediately to discuss your case confidentially. Call the Law Offices of Nussin S. Fogel for a free consultation at or 212-385-1122 to learn your rights.