A negligence claim may arise from the negligent operation of a swimming pool, or other artificial body of water on another person's property. A child that is injured or drowns in a residential swimming pool or other artificial body of water will have a cause of action for negligence under a premises liability theory. While a child invitee may have a cause of action if the property owner fails to use reasonable care to prevent injury to a child, a licensee or trespassing child may also have a cause of action if the attractive nuisance doctrine applies. The attractive nuisance doctrine will apply to a residential swimming pool or artificial body of water if they are constructed in such a way that constitutes a trap. Additionally, the attractive nuisance doctrine will apply where there is some unusual element of danger that exists, that does not usually exist in other similar bodies of water. However, the fact that the sides of a pool are vertical does not create an unusual element of danger as to constitute an attractive nuisance.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to drowning in a swimming pool or other artificial body of water. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover the compensation and justice your family deserves. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.