Our 5-year old son nearly drowned when he wandered into a neighbor’s hot tub with no safety features. Can we sue them to compensate us for his injuries?
You will probably be able to file a "premises liability" claim against your neighbors on behalf of your son. You will need to show that the neighbors were negligent, that that negligence caused your son’s injury, and that damages occurred as a result of that injury. Proving negligence will hinge on your ability to prove that a reasonably prudent spa owner would have installed some safety features to keep people from falling into the pool. Most states have statutes that require pools and spas to have safety features, such as special covers, locked gates, and fencing. Though these elaborate safeguards generally hamstring access to the hot tub or pool area, the existence of a statute requiring safety features is good evidence of what a prudent spa owner would do. In all likelihood, your neighbor’s homeowner’s insurance provides coverage for injuries on their property.
If you wonder whether you have a good lawsuit, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you.
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