The Kickham Comment - Boston Accident Lawyer Blog
It’s summer in Massachusetts and it’s been hot. For me, I love both of these environments. Give me hot weather over any of the other seasons (especially winter.)
A surprisingly high percentage of homes in Massachusetts and New England have backyard swimming pools – whether in-ground or above-ground. I’ve always found this a bit unusual – I mean, this isn’t Texas, Florida or Arizona – summers here are pretty brief, and heat waves don’t usually last 4-5 days. But regardless, those that have swimming pools, love them. What most pool owners don’t know, are that backyard swimming pools are a liability trap. In the law, they’re called an “attractive nuisance,” as they often draw young kids to them – and these environments are very dangerous. Consider this equation: No lifeguards + no life-saving equipment + running on slippery surfaces + rambunctious play. The sum of these dangerous parts? It’s often disaster.
Sadly, that’s what appeared to happen yesterday (July 11 2024,) at a backyard swimming pool in the town of Sutton. A call was placed into the Sutton Police Department at approximately 3:50 PM, reporting that a 4 year-old girl named Eva was missing, and that she was autistic. She was reportedly found about three hours later, unresponsive in a neighbor’s swimming pool. An awful outcome.
Today, shortly after 10 a.m., the Worcester County District Attorney’s Office confirmed that the girl had died, issuing this brief statement: “At 3:50 p.m. Thursday, the Sutton Police Department received a 911 call reporting a 4-year-old girl had gone missing from her home. A short time later, the girl was found in a neighbor’s pool, unresponsive. Emergency personnel transported her to UMass Memorial Medical Center in Worcester where she was pronounced deceased.” As a Massachusetts swimming pool accident lawyer, I’ve seen far too many of these cases: It’s sad: Why don’t homeowners learn to take far more secure measures to prevent children from being severely injured or killed at backyard swimming pools? The short answer is that most homeowners don’t think that something like this will happen to them. That’s very foolish thinking.
When and if a swimming pool owner is sued for an injury or death of someone using their pool (often whether the use was permissive or not,) where does the money to pay damages come from?
Most homeowners who have swimming pools on property, carry special liability coverage for injuries or fatalities resulting from the use of their pool. The special coverage is called an “umbrella” liability policy, and it provides for insurance coverage if a person is injured or killed while using a swimming pool. The amount of liability insurance coverage will vary, depending on how much foresight the homeowner had in buying this extra liability coverage. In my view as a Massachusetts swimming pool fatality lawyer, I would recommend liability coverages of at least $3 million per claim.
These risks don’t exist only with backyard swimming pools: Hotel & motel swimming pools are just as dangerous, if not more. While most hotels have a life ring and a rescue hook, they rarely post lifeguards. When hotels are sued, the money for damages comes from the commercial insurance policy covering the property. Homeowners or hotels, the main problem with swimming pool accidents is that the injuries are often severe. Drowning accidents very often result in traumatic brain injuries due to lack of oxygen. These types of accidents require highly specialized legal talent when considering a lawsuit. Years of expertise and proven results are needed with these cases.
The death of this autistic 4year-old is especially tragic. My thoughts and prayers go out to this child’s family.