As the heat of the summer months set upon us in Waukegan, you know that it is only a matter of time before the kids start clambering to get out and go swimming. Whether your local swimming destination is a neighbor’s backyard or a community complex, you concern over your children’s safety is the same. You understand that they are often naive to the dangers a pool can pose. Many have come to us here at Soffietti, Johnson, Teegan, Argueta & Bawcum, LTD after having gone through the turmoil of experiencing a child’s drowning or swimming injury and wondering whether any legal recourse might be available to them.
If you have been forced to endure the same scenario, then you will be happy to know that you may indeed be able to seek compensation under the attractive nuisance doctrine. Per the Cornell Law School, the attractive nuisance doctrine assigns liability to property owners whose land contain artificial attractions that (despite being dangerous) can be appealing to young children. This legal principle was initiall referred to as “the turntable doctrine” in that its first applications were in cases where kids were playing on railroad turntables. However, recent years have seen swimming pool accidents become one of the primary areas in which the attractive nuisance doctrine is employed.
It should be known, however, that the attractive nuisance doctrine may not apply to every swimming pool drowning or injury case. If the property owner takes measures to restrict kids from gaining access to a pool (such as putting a fence around it), then they may satisfy the requirement of taking reasonable measures to protect children from it.
More information on assigning liability in personal injury cases can be found throughout our site.