Child Injured in an Unsupervised Pool | Attractive Nuisance Cases
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To a child, a pool is an enticing feature where they envision hours of fun and excitement in the water. Due to this, coupled with the limited appreciation of the danger posed by pools, children may decide to breach a perimeter fence or open a loosely secured pool gate to get into a pool. With no supervision, these venues can pose dangers to these children, such as slips and falls, head injuries, and even drownings. Due to this, the law came up with the attractive nuisance principle requiring that a property owner with a pool must take extra precautions to prevent children from breaching said property to get to the pool to prevent any unfortunate incidents. Children will be children, and they will risk trespassing because they do not have an appreciation of the laws surrounding these issues and may put themselves in harm’s way. The law is meant to protect the vulnerable, and those prone to injury as a child cannot be said to be reasonable in their actions due to their impulsive nature. Personal injury law requires that the property owner establish and uphold a standard of care to all individuals that access their premises under premises liability law, and should this standard of care be breached via a negligent act leading to injuries, they may be held liable for said injuries and be ordered to pay damages to make the injured individual or child whole again. These cases are nuanced and may involve multiple parties, as well as have high stakes for the future of your child, particularly if they suffered life-changing injuries. This is why we’d like to invite you to give us a call so we can help you and your family as you navigate these difficult legal concepts.
Are you looking for the best pool injury attorney? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. The experienced personal injuries lawyers at McCready Law bring to the table over 50 years of combined, stellar legal experience where we’ve helped of thousands of Americans from all walks of life recover compensation after suffering injuries on account of the negligent actions of other individuals or corporate entities. What sets us apart from other law firms that handle pool injury legal claims is that we are not afraid to litigate should we have reason to believe that your case has merit and deserves maximum compensation in line of the injuries your child suffered. On the contrary, over 90 percent of all law firms will settle injury claims regardless of merit out of court by engaging in insurance company settlement negotiations just so they can get the case out of the way and move on to the next case, which more often than not results in a client receiving a less than satisfactory payout. In addition to having nationwide reach – call us NOW at 312-444-0214 from anywhere you are in the country and we’ll process your claim or have our trusted and experienced referral network handle it. We run a bilingual office (hablamos Espanol), and we take on all cases on contingency fee basis, meaning there are ZERO UPFRONT FEES levied on you during the case processing stage, as we will only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. For your 100% FREE legal consultation into child pool injury lawsuits, please give us a call NOW at 312-444-0214 to speak with one of our experienced attorneys – our intake team is standing by.
How Does Attractive Nuisance Claim Work in Child-Related Pool Injuries?
The attractive nuisance doctrine is based off the concept of legal negligence and, given the fact that children may access their property when they catch a glance of a pool, the duty is heightened in order to keep these children safe
This doctrine takes into account the following:
- The property in question has an attractive feature, such as a pool that is appealing to children
- The children attracted to the attractive nuisance must lack an appreciation of the risks associated with said attractive nuisance based on their maturity level and age
- The property owner knows or should have been aware of the dangerous condition, and this awareness or knowledge is key, as it precludes their responsibility to take actions to secure the area in order to prevent any pool-related injuries
- The property owner failed to take reasonable steps that any other property owner with a pool may have taken in order to prevent children from accessing the attractive nuisance
These factors are all considered when looking to apply the attractive nuisance doctrine to a case.
Preventing Child Pool Injuries
There are ways that individuals can try to prevent child pool injuries, including the following:
- Installing a sturdy, tall fence that is at least four feet meant to prevent children from easily climbing over the same
- Utilizing self-closing gates that feature self-latching mechanisms whereby even if a person leaves the gate open, it will eventually close itself and children cannot reach into the gate to open it from the inside
- The pool should be fitted with safety covers when not in use to prevent children from falling into the pool
- Putting up clear, visible signage to warn against unauthorized entry as well as unsupervised swimming
These are a few of the ways pool owners can work to prevent child pool injuries taking place on their property.
Best Child Pool Injury and Drowning Lawsuit Attorneys – Call Us Today!
In the event your child gets injured or suffers an unfortunate drowning in a pool considered an attractive nuisance, you maybe able to sue on their behalf for the cost of medical treatment, including things like surgeries, emergency room visits, and ongoing care. In addition, they may become eligible for pain and suffering they experienced due to the injury and the traumatic event, and family members may recover loss of consortium damages due to the loss of emotional support and companionship from the child. These cases tend to be complex, and in some cases, standard homeowner’s insurance policies may not cover attractive nuisance injuries. To this end, you need an experienced attorney by your side to fight for your family’s right to compensation and justice every step of the way. Please call us NOW at 312-444-0214 to learn more about your child’s legal options and how we can help them and your entire family legally whole again. Thanks for choosing McCready Law, and we look forward to helping you.