$1.0 Million Settlement in Premises Liability Action Against Apartment Complex for Pool Drowning of Minor
The Plaintiff was the parent of a minor child whose left him under the care of the Defendant ,an adult female friend, while the Plaintiff went to work. The Defendant then without the Plaintiff’s knowledge or consent took the minor and her child swimming at neighboring apartment complex which had a pool. She had no legal right to be in the complex or to use the pool. The complex was not aware of her presence. While at the pool she let the minor swim in the shallow end of the pool. The minor then moved into the deep end of the pool without the Defendant’s knowledge because was not properly supervising the children. By the time she checked on the children the minor had been submerged for an unknown period of time. The minor was evacuated from the pool and EMS was called. Unfortunately, the child drowned. The Plaintiff’ brought a wrongful death action against the Defendant for negligent supervision. The case settled for the Defendant’s homeowners policy limits of $1.0 million.