As the weather warms, many people flock to beaches and swimming pools for their first dose of fun in the sun. In most instances, swimming offers a welcome retreat from work and school. However, due to occasional failures of pool owners or swimmers, such fun may lead to harm, including injury or even drowning.
A pool owner who is negligent in the manner described above may be held responsible for harm caused by their negligence, including injury or death from drowning.
The Dangerous Lure of the Neighbor’s Pool
In many circumstances, a swimming pool may be considered what is sometimes called an “attractive nuisance.” An attractive nuisance is a dangerous object or condition on someone’s property that is likely to attract children who may not fully appreciate the danger. A landowner who has such an attractive nuisance on his or her land is under an obligation to post a warning or take some affirmative action in order to protect children from foreseeable dangers.
What this means in practical terms is that a landowner may be liable for the drowning of a child even if the child was trespassing, provided that the landowner failed to take adequate measures to safeguard against the dangers of the swimming pool. Thus, a homeowner may be liable for the death of a neighbor child who has snuck into the yard unbeknownst to the landowner.
What to Do if Your Child Dies in a Drowning Accident
If your child or another loved one has died in a drowning accident, or has otherwise been injured in a swimming pool, you should contact a personal injury attorney immediately. An attorney with experience helping people in drowning accidents can provide expertise to help you navigate the difficult legal landscape of our civil court system. They can review the facts of your case, determine whether you have a viable claim, and help you seek the compensation you deserve.