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My 8 year old daughter went to her friend’s house in PA for a swim party and had a terrible accident. Her arm got caught in the pool drain, and it is now broken. What can I do?

 

A:

You have the option to file a personal injury lawsuit against the friend’s parents for your daughter’s pool related accident.  This may be a difficult decision for you to make because you will have to bring a lawsuit against someone you know.  If you are friends with the parents, it may be an even more difficult decision.  Ultimately, you should weigh all of the factors, including what is best for your daughter, when deciding on whether to file a lawsuit in PA.

If you decide to file a lawsuit, you would file a negligence lawsuit against the parents on behalf of your daughter as her guardian.

Dangerous Pool Drain

Negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances.  There may several ways that the parents were negligent.

If your daughter’s foot was sucked into the pool drain because it did not have a cover, there may be a negligence claim against the parents.  There is no legal requirement that private swimming pools contain pool drain covers in order to avoid entrapment and drowning accidents; however, you may still have a viable case.

If the pool had a drain cover before, but it was never replaced before your daughter went over to swim, the owners may be liable.  It can be argued that they originally had a pool drain cover because they knew that an uncovered drain can cause entrapment and drowning accidents. 

Home owners have a duty to protect their guests from unreasonably dangerous conditions in their homes.  An uncovered pool drain is dangerous for young children because they may not have the strength to pull themselves out of the drain.

Home owners may be liable even if the pool never had a pool drain cover, so long as there is evidence that the owners knew about the danger prior to your daughter’s accident.  Consider the following: the home owners’ teenaged son’s arm got stuck in the pool drain a few weeks prior to your daughter’s incident.  The teenaged son was able to get his arm out with no incident and told his parents about his accident.  The parents acknowledged the danger and said that they better put a drain cover on it, but forgot to do so before your daughter went over.  In this case, the home owners may be liable for your daughter’s injury and damages because of their negligence.

Related Pool Drowning Legal Articles

If you want to talk about your daughter’s accident and her legal options, feel free to give me a call.  Filing a lawsuit is often a difficult decision to make, especially if it is against someone you know.  877.944.8396


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