Wrongful Death Lawyer

Losing a child is always devastating. If that child is the son or daughter of a friend and they drown in your backyard pool the consequences are even more tragic. Under any circumstance, if a child dies as a result of drowning in someone else’s pool, there was likely negligence involved and the property owner is liable for everything and anything that happens on their property. The homeowner is responsible for keeping his pool secure and safe at all times. Therefore, as the parent of the child who drowns in the neighbor’s pool, you have the right to sue for wrongful death. Here are some things you should know:

Trespassing

When pursuing a wrongful death suit, the law will look at whether or not the child was trespassing on the property. If the child were not a minor this would be a bigger issue; however, it will still come up during the case so your counsel needs to educate you on the laws in your state that may affect your particular situation and its outcomes.

If someone (other than a minor child) drowns while trespassing, it is usually the liability of the party that trespasses — unless the property owner is aware that people often come onto their property and do not take measures to keep the property safe.

A Trespassing Child

Property owners are responsible for posting any obvious dangers or safety issues on their property. If they do not, they can be charged with negligence. The owner also has a responsibility to repair or fix any existing unsafe conditions. When the victim is a child, there is not a need to prove negligence.

Damages from a Wrongful Death Suit for a Child

When an adult dies and a wrongful death claim is filed, it is fairly simple to figure out the financial loss, potential earnings, etc. However, when a child dies the parents can only recover their financial loss and most of that is purely speculative. These include:

• The earning potential of the child
• The life expectancy, age, sex, habits and state of health
• How the child was related to the parties claiming the loss
• The age, health and current circumstance of the parties claiming the loss

The younger the child the more difficult it is to accurately estimate any financial losses. It is harder to speculate the potential earnings of a small child compared to a gifted, eighteen year old that was slated to attend a highly rated college.

It is up to the jury to determine what the child may have added to the parents’ support, using tables that illustrate work-life expectancy as a beginning point to calculate amounts. Typically, the court will not give large damage awards for a child’s death.

Dealing with the death of a child is unimaginable. Seek the help of a wrongful death lawyer who is skilled in wrongful death claims. They can help answer you questions and determine whether the circumstances around your child’s death are such that you can expect to recover damages from your tragedy.