When a child drowns, it is always a tragedy. However, it may not always
be considered an accident. Courts might hold the property owners liable
for the drowning, according to the standard of care that the owners should
have reasonably provided. Since pools are considered part of the property,
courts typically follow the rules of
premises liability laws in order to determine liability.
How Premises Liability Laws Impact Drowning Cases
Premises liability describes laws that pertain to injuries, deaths, and
other losses that occur on a specific piece of property. The law may distinguish
between three types of people on the property. These are licensees, invitees,
and trespassers. People who have been allowed to use the pool are considered
either licensees or invitees. Trespassers, of course, are people who do
not have permission to enter the property and premises liability laws
typically do not extend to trespassers.
Premises Liability for Trespassers, Invitees, and Licensees
Laws typically say that property owners owe more responsibility to licensees
and invitees, but might not owe the same standard of care to trespassers.
- Property owners should warn invitees and licensees, or people who are supposed
to be on the property, about potential hazards that aren’t obvious.
They should also keep the pool and equipment maintained.
- While the owners should not intentionally try to kill or injure trespassers,
it’s not as reasonable to expect property owners to be responsible
for people who aren’t even supposed to be on the property in the
- However, one common exception to the rule about trespassers is if the trespasser
is a child.
Therefore, the property owner could be guilty of wrongful death if he or
she doesn’t take steps to limit access to a pool for young children.
Fences and locked gates are two examples of precautions that homeowners
might take to prevent children from wandering into an unattended swimming
pool. This is particularly true of children who are too young to understand
the danger or be expected to always follow instructions.
Wrongful Death Cases for Pool Guests
For people who have a right or invitation to use the pool, the law is usually
different. If children use a hotel pool, for example, a drowning might
be ruled a wrongful death if the plaintiffs can prove negligence. For
instance, hotel pools might never have lifeguards; however, they might
have rules posted that children need to have an adult attending them.
Typically, parents or other guardians are considered responsible, but
this isn’t always true.
If the child drowned because a ladder or drain was not repaired or up to
code, the property owner might be held liable. If an unsupervised child
made his or her way to the pool and drowned, the plaintiff’s liability
might not be so clear. However, many hotels do install locks that require
hotel keys to open in order to keep small children out unless their parents
are with them.
Attorneys for Wrongful Deaths in Drowning Cases
At the Mellino Law Firm, LLC., our attorneys have over three decades of
wrongful death cases. If your child drowned because of a pool owner’s negligence,
you should speak with us as soon as possible. Call today at (440) 333-3800 for a