Every summer we hear tragic news of children who drown or suffer serious brain injury from being submerged under the water in pools. Often with pool related brain injury cases the kids will have long term cognitive speech and learning issues from the traumatic brain injury.

Anytime a child suffers a pool related injury there will usually be an adult who can be liable as children under 18 must be supervised by adults. Pool drowning cases are fact specific and negligence usually is shown by expert testimony. Pool drowning cases involves many complicated issues such as issues of where the adult was and supervision issues of the child’s ability to swim without an adult in the pool.

Recently we had a near drowning in a pool at a day care facility. The day care child suffered severe brain damage and we recover a large confidential settlement. On any case involving children under 18 a conservatorship must be filed if the settlement exceeds $10,000. A conservatorship is a blocked minor’s trust account where no one gets the settlement monies until the child reaches 18 when the monies are disbursed.

This entry was posted on Monday, July 9th, 2007 at 11:38 am and is filed under Injury - Pool, River or Lake. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.