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While at a party, we were sure our host’s teenage daughter was watching our toddler when she drowned in their pool. Who can we sue?
You can probably sue the homeowners if they represented to you that their daughter would be watching your child. A similar suit was filed against former Mötley Crüe drummer Tommy Lee when a child at his son’s birthday party drowned in the pool. In that case, the parents of the child claimed that the drummer was negligent in the wrongful death of their son. The suit claimed premises liability, general negligence, negligent supervision and wrongful death, reimbursement for medical and hospital care, funeral and burial expenses, as well as punitive damages against the drummer for the parent’s pain and suffering.
If you can prove that your neighbors were liable (legally responsible) for your child’s death, in such a case, your settlement amount will most likely be reduced if you are considered partially responsible for leaving your child in the care of the teenaged daughter. If so, the amount of your neighbor’s responsibility for the wrongful death would probably be determined by comparing their negligence with yours. In some states, if you were considered 30% at fault and your neighbor 60% at fault, your neighbor would pay (through their homeowner’s insurance company) 60% of the fair compensation for your injuries. This rule is called "comparative negligence” or “comparative fault.” In a few states, plaintiffs are barred from any compensation if the plaintiff’s own carelessness substantially contributed to the accident ("contributory negligence").
If you're wondering whether or not you should file a lawsuit, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you. |
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