Child Injured in a Swimming Pool? Call a Personal Injury Lawyer in Baldwin

by | Aug 21, 2013 | Law And Politics, Lawyers

Hanging out at swimming pools is one of the best parts of summer for kids. However, when homeowners don’t build the proper fence around their swimming pool, it can lead to a tragedy. Children can be seriously injured or even drown. It doesn’t matter if the kids were trespassing or not. A Personal Injury Lawyer Baldwin attorney can explain to the child’s parents that trespassers are not usually entitled to damages for injuries they sustain on someone else’s property. However, children are entitled to special protection. That’s why fences are required in the first place.

A Personal Injury Lawyer Baldwin practice can help parents get damages to pay for a child’s injuries they sustained in someone else’s swimming pool. The only requirement is that the swimming pool owner had to have been negligent. States and communities have laws the specify how a swimming pool fence should be constructed. It has to be a certain height and be kept locked at all times. It also can’t have an open design that children or mentally disabled adults can slip through. Some homeowners do feel that the fence destroys the ambiance of their landscaping. They push the limits of the law to have a more attractive fence. If that design allows a child to slip in, then the homeowner and their fence company can both be sued for negligence. The local building inspector may also be liable if they approved the design.

The homeowner’s insurance company may disagree with the negligence argument, if the fence was installed by a reputable fence company and approved by the building inspector. This is especially true if the fence gate was kept locked. A Personal Injury Lawyer Baldwin law firm will examine how the fence was maintained. If the homeowner knew that jiggling the gate would release the lock, then injured child’s lawyer will argue that they should have had it repaired immediately.

The child’s lawyers will determine who was negligent and file the appropriate damages claims. They will also know that the parents are entitled for compensation for the time they had to take off from work to care for the child. They will ensure that the child has enough money to live their life comfortably, if they are permanently disabled.


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