How Do You Know Who Is Responsible in a Child Drowning Case?

Photo of Baby Boy In A Crib

When it comes to pool ownership it is important to be both responsible and cautious. Failure to do so can result in accidental drowning cases. In July alone there have already been three child deaths and one near drowning. With these tragedies becoming more frequent it is important to know the rules of water safety so as to avoid another child drowning case.

Who Is Responsible When It Comes to a Child Drowning Case?

A two-year-old boy was recently reported missing in Galloway Township. After an extensive search he was found dead in a neighbor’s pool on July 16th. Details have not been released, but if some essential safety measures were neglected, the property owner in this case could be held responsible.

For most New Jersey property owners, they cannot be held liable for the actions of trespassers on their property, but that isn’t always true with children. Depending on the situation, a child can be seen as blameless, which means land owners could have a duty of care when it comes to these trespassers.

A similar drowning case occurred at the Lake Hopatcong beach club. A young boy went for a swim when he suddenly disappeared in the water.  His mother cried out, and the club’s lifeguards and firefighters, who just happened to be at the beach, responded. The boy was taken to the hospital, where he was put into a medically induced coma. Thankfully, the boy woke up on his fourth day in the hospital, but if rescuers hadn’t been at the scene, the outcome could have been very different.

The duty of care many property and business owners have is to make sure certain safety measures are in place when it comes to bodies of water. Whether it’s fences, signs or lifeguards, these precautions must be in place, and if not, the owners could be liable for any injuries or loss of life on the premises. Keep an eye out for these measures, and if you don’t see them, make sure your child doesn’t go near the water.

A message from the New Jersey premises liability attorneys at Keefe Law Firm.



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