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Another Unnecessary Drowning in Massachusetts

Robert Mazow, who specializes in drowning lawsuits, was recently quoted in the Boston Herald in response to the drowning of 36 year old Marie Joseph.  Ms. Joseph drowned in a public swimming pool in Fall River, Massachusetts, where there were allegedly 6 lifeguards on duty.  Supposedly a young boy saw her go under the water and notified two lifeguards.  One of the lifeguards allegedly said that he was on his break and the other lifeguard said that he would check the pool.  Ms. Joseph’s body was found two days later.  State Department of Conservation and Recreation Commissioner Edward M. Lambert Jr., whose agency runs the pool where the body of 36-year-old Marie Joseph was discovered by two trespassers Tuesday night, could not say whether any lifeguards ever looked for her.

Attorney Mazow was contacted by a reporter from the Boston Herald to provide some insight into what potential liability employees of the State run pool might have:

“Personal injury attorney Robert Mazow, who specializes in drowning lawsuits, said even if the pool staff is found to be negligent, the state could not be penalized heavily by a jury if Joseph’s relatives sue.

“Even in the most egregious acts, such as this one, if you can prove that a lifeguard completely was derelict in their duties… the family is likely limited to the $100,000 (state) cap,” the Salem lawyer said.

Even if this turns out to be a case of negligence, the unfortunate truth is that the lifeguards and those responsible for the maintenance of the pool might only be responsible for up to $100,000 of compensation for Marie Joseph’s wrongful death.

Contact a Wrongful Death Attorney in Massachusetts

If you have any questions regarding a drowning incident or wrongful death, please contact the law offices of Mazow and McCullough in Salem, Massachusetts.

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