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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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18 monthes old Boy drowns in the artificial pond on the premises

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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

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?


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Customer: replied 4 years 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

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 4 years 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).

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.


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


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