The Law Firm of Reed & Mansfield:

Serving Las Vegas Since 1981. All cases handled by Lawyers, not Staff.

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Swimming Pool Injuries
 
By Jonathan C. Reed
 
     I obtained a settlement for $5,750,000.00 on behalf of a young child who suffered brain damage after falling into an apartment complex swimming pool (Clark County District Court Case #96-A-365064-C).  The apartment complex had a fence around the pool area, but the gate was not working properly such that the child was able to gain access.  The landlord claimed that the gate was broken by some tenants soon before the accident, but an investigation revealed that the gate had been broken for a longer time period.
 
     Swimming pools are fun but many people are surprised to find out just how dangerous a place a pool can be.  Every year, many adults and children drown or suffer serious injury in swimming pools.
 
     Children are attracted to pools.  Even though a young child cannot swim, the child may fall into the pool or even jump in as the result of mimicking what that child has seen older children or adults do.
 
     Pool owners have a legal and moral duty to fence off the area their pool is in.  Failure to adequately do so can be the basis of criminal and tort liability.  Parents also have a duty to supervise their children, and their guests around their pools. 
 
     Homeowner's insurance policies can often be tapped to help obtain compensation for injuries.  If you or a loved one has suffered injury in relation to any kind of pool, please contact us as we may be able to help.
 
     Finally, I have gotten some calls from landlords as a result of this website page asking how they can protect themselves against being sued by tenants if they rent out a property with a swimming pool. The two easy answers are: 1) The pool must be fenced with self-locking gates, and 2) Make sure you have insurance that covers you against being sued over the pool so that if you do get sued it's your insurance company's problem, not yours. This means that if you only own a few rental properties, get a good landlord's liability policy on each property, and, if there is pool, be sure to discuss that with your insurance agent and see if you need a special endorsement. I will be glad to give more specific advice, tailored to your situation, during a paid appointment.
 
 

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Law Office of Jonathan C. Reed

6655 West Sahara Avenue, Suite B-200

Las Vegas, Nevada 89146

 

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regular business hours: 9am-5pm (Pacific Coast time) M-F

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