For parents, there may be no greater tragedy than outliving a child. A Texas family may be struggling with the devastation that likely followed the death of a young child while attending a birthday party for a friend. According to her parents, the home where the hosts held the party was a dangerous property, prompting them to file a premises liability suit.
While attending the birthday party with her mother, the 4-year-old girl was not permitted to swim in the pool that was located in the backyard of the birthday party’s hosts. However, others attending the party apparently walked and ran through the dirt that surrounded the pool before entering it, causing the pool to quickly become clouded by the dirt tracked into it. The mother reported that it became impossible to even see the bottom of the pool.
The mother then lost track of her daughter who had been playing in a nearby sandbox at the time. She and other guests searched for the young girl but were unable to locate her until all of the dirt had finally settled in the pool. Unfortunately, at that time the young girl was found in the pool.
The premises liability suit claims that the party was held at a dangerous property that did not have proper protection for the pool. Possible security measures cited include a gate or fence to surround the pool as well as increased proper supervision. Although no amount of legal recourse could ever begin to replace the life of a child, Texas parents retain the right to seek justice on behalf of a wrongful death. In this instance, the related damages that could be awarded through the successful navigation of their claim include both funeral and medical expenses, among other documented losses.
Source: setexasrecord.com, “Parents file suit after daughter drowns at party”, Annie Cosby, Jan. 5, 2015