Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
ARTICLE ID 194413
$________ CONFIDENTIAL
Premises Liability – Failure to maintain pool fence in accordance with applicable law – Unsafe premises – Wrongful death of 4-year-old autistic child from drowning in defendants' pool – Conscious pain and suffering – Emotional distress
Withheld County, MA
In this premises liability wrongful death matter, the plaintiff estate alleged that the defendants, an apartment complex owner, property manager, and pool company, were negligent in failing to ensure that the chain link fence surrounding the defendants pool was secure and in compliance. The child was able to slip through the bottom of the fence and drowned in the pool. The defendants denied liability, maintaining that the child climbed over the fence. The defendants also disputed the nature and extent of the plaintiffs alleged injuries and damages.
The 4-year-old decedent resided with his family in a ground floor apartment at the defendants apartment complex. On the date of the incident, the child exited his apartment through the window, and was found drowned in the defendants pool. Discovery disclosed that the fence was able to be lifted from the bottom, and the child apparently crawled under the fence and drowned in the pool. The gate to the pool was locked, and there was no direct evidence of how the child accessed the inside of the pool area. After a search, his diaper was located outside the fence, and the childs body was found at the bottom of the deep end of the pool, which had recently been uncovered and had not yet been cleaned or opened. The plaintiff alleged that there was an area of the six-foot chain link fence where the bottom was loose and could be lifted up, allowing enough room for the child to slide underneath the bottom of the fence. The fence lacked a section of pipe on the bottom of where the chain link fencing met the ground as required by code. The plaintiff indicated that there was evidence that other area children had accessed the pool when the gate was locked using this flaw in the fencing.
The plaintiff brought suit against the defendants, the apartment owner, property manager, and pool company, alleging negligence. The plaintiffs alleged conscious pain and suffering of the child prior to his death supported by an expert anesthesiologist. The plaintiff also sought damages for emotional distress by the childs parents.
The defendants denied the allegations. The defendant pool company in particular maintained that it had no legal responsibility to inspect or maintain the fencing, and therefore was not responsible.The parties agreed to mediation of the plaintiffs claim and the claim resolved for the confidential settlement of $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.