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ARTICLE ID 195976

DEFENDANT’S PREMISES LIABILITY – HAZARDOUS CONDITION – MINOR CHILD GETS KNOCKS INTO DEFENDANT’S POOL AND DROWNS – FAILURE TO PROPERLY OPERATE AND CONTROL SWIMMING POOL – WRONGFUL DEATH 2-YEAR-OLD.

Lancaster County, PA

The plaintiff, in this tragic wrongful death case, is the mother of the two-year-old decedent. She claims that the defendant negligently operated its pool and caused her minor child to fall into the water unnoticed, resulting in the drowning death of the two-year-old. The defendant denied being negligent and argued that the minor’s family failed to properly supervise the small boy while he was at the pool.

On July 11, ________, the male minor was visiting his cousin and was a guest of the apartment complex owned by the defendants. The minor and his family were at the pool when the decedent’s mother lost sight of him. Panicked, she ran outside to the car to see if he was there, and when she ran back into the pool she saw her son being lifted from the pool. CPR was performed; however, the minor was pronounced dead a short while later at the hospital. The plaintiff alleged that the defendant was: Negligent in failing to keep the lock mechanism for the pool in working order, failing to properly operate and control the pool, having constructive notice of the dangerous condition of the pool area, failing to correct the dangerous condition, creating an attractive nuisance, failing to have proper lifeguards, and allowing the pool to become overcrowded. Consequently, the minor was knocked into the water unnoticed and drowned. The defense claimed comparative negligence, negligence of a third party, and assumption of risk as defenses arguing that the decedent’s family – specifically his mother – failed to properly supervise the child.The jury found that the defendant was not negligent.

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