How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jack R. Your Own Question

Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
14472836
Type Your Legal Question Here...
Jack R. is online now
A new question is answered every 9 seconds

18 monthes old Boy drowns in the artificial pond on the premises

Resolved Question:

18 monthes old Boy drowns in the artificial pond on the premises of his neighbour. The pond is behind the house. You can not see it from the street. The distance from the street to the pond is about 30 m. You have to go around two corners of the house. On the way there are two stairs with 4 and 6 steps. The dinstance from between the two houses is about 20 m. The street is a very quiet dead end street. The supervising mother was cleaning the car. She didn't pay Attention to the boy for a minute. The boy had bee living there with his mother in the house of his grandparents for a month. The neigbour didn't know that the boy was living there. But he knew that his neighbours (the grandparents) often looked after their Grand children. Are there any similar cases. I have already found Stanley v. Bennett
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.

Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:

-What city and state do you live in?

 

- What is Your question ?


- Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 1 year ago.

My question is if there are any recent cases (10 years) in the US, similar to the one described in my question.


I live in Europe

Expert:  Jack R. replied 1 year ago.

Your question is too broad, Across the entire U.S. I could spend days cataloging and reviewing the number of cases. There is a whole body of law associated with these type of injuries. I will need a particular State in the U.S. It would also be useful to know what the purpose of the research is. What particular aspect of the above scenario is of interest ?

Customer: replied 1 year ago.


The purpose is to show that there have been other cases in which the liability of the land owner has been admitted. Recent cases from "important" states which admit the liability of the land owner would be most helpful. The case should also show that it's not necessary that the danger has lured the child on the premises (since the pond is not visible from the street).

Expert:  Jack R. replied 1 year ago.

SInce you are unable or reluctant to provide a specific state I will us Ohio and Texas as the basis of your question. Case law for this type of law suit is state specific. Here are some cases I found dealing with drowning.

 

Elliott v. Nagy, 488 N.E.2d 853,XXXXX3d 58 (Ohio 1986) Supreme Court of Ohio February 5, 1986 488 N.E.2d 853XXXXX3d 58

The attractive nuisance doctrine will not extend tort liability to the owner of a residential swimming pool where the presence of a child who was injured or drowned therein was not foreseeable by the property owner. (superseded by later case Stanly v. Bonnet)

Uddin v. Embassy Suites Hotel, 848 N.E.2d 519, 165 Ohio App.3d 699, 2005-Ohio-6613 (Ohio App. 10 Dist. 2005)

On April 29, 2000, Shayla Uddin, a ten-year-old child, drowned in an indoor pool at Embassy Suites Hotel, Columbus, Ohio, while she and her family attended a birthday party at the hotel.

 

Mayle v. McDonald Steel Corp., 2011-Ohio-5234, 2010-T-0090 Court of Appeals of Ohio, Eleventh District

On October 13, 2008, Jamel Smith, a twelve-year-old boy, and his friends, Dustin Thailing and XXXXX XXXXX, were playing in the area near the Mahoning River and under the Girard-McDonald Viaduct (also called the Liberty Street Bridge). Jamel Smith dies after jumping into a pool formed by waters from the dam.

Banker v. McLaughlin, 208 S.W.2d 843, 146 Tex. 434 (Tex. 1948) Supreme Court of Texas February 4, 1948 208 S.W.2d 843

The child met his death on June 19, 1945, by drowning in a large hole, or pit, of water on Forest Park Subdivision, a homesite addition which Mr. Banker, the owner, at that time and since, was in the process of developing and marketing, his agent, C. O. Dumb, assisting him in selling the homesites 'to the general public.' The subdivision is a 60-acre tract of land located a few miles from the city of Orange, platted into an addition of small homesites.

Woolridge v. East Texas Baptist University, 154 S.W.3d 257 (Tex.App.-Texarkana 2005) Court of Appeals of Texas, Sixth District

four-year-old Jordan Centrell Woolridge drowned. The summary judgment evidence shows the accident occurred while Jordan, his ten-year-old sister, and her thirteen-year-old friend were playing, unsupervised, in and about a creek on unimproved land owned by East Texas Baptist University (ETBU) located approximately a half mile from the Woolridge home.

City of Texas City v. Suarez, 01-12-00848-CV Court of Appeals of Texas, First District, Texas

This case arises from a sad and tragic event: the drowning deaths of nine-year-old twin girls, AS and SS, and their father, Hector Suarez. The drownings occurred in Galveston Bay at a recreational area located on a dike owned and operated by the City of Texas City.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.