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Can you sue your neighbor if your child drowns in their pool?

On Behalf of | Jun 21, 2024 | Personal Injury

Losing a child in a drowning accident is a tragic event, and seeking justice is a natural response. In Ohio, whether you can sue your neighbor if your child drowns in their pool depends on various factors, and it is important for all homeowners to understand them.

Duty of care and premises liability

Under Ohio law, property owners have a duty of care to ensure their property is reasonably safe for visitors. This includes taking precautions to prevent accidents in swimming pools.

If your neighbor failed to install proper safety measures, such as fencing around the pool or secure gates, they could be held liable for any accidents. Ensuring these safety measures are in place is crucial to protecting children from accidental drownings.

Ohio trespassing laws

Ohio trespassing laws play a significant role in determining liability. If your child was trespassing on your neighbor’s property without permission, it might complicate the case.

However, the law often considers young children as incapable of understanding the dangers and legalities of trespassing. In such cases, the attractive nuisance doctrine may apply, holding property owners accountable if they fail to secure potentially dangerous attractions like swimming pools that attract children.

You may want to contact a personal injury attorney if you have questions about what your rights are regarding seeking compensation. 

When a tragedy of this magnitude occurs, it is essential to examine the situation from all angles to determine who might be at fault. Considering all aspects of the property and the circumstances of the accident can help bring some measure of justice.