Phoenix, AZ (July 23, 2022) – On Friday, July 23rd, the death of a young child at an apartment complex pool in Phoenix was under investigation by police detectives.
First responders rendered life-saving efforts to the 5-year-old boy, taking over the administration of CPR from a bystander at the apartment building near the intersection of Osborn Road and 30th Street.
According to officials, the boy had been pulled from the pool prior to the emergency call that was made at about 1:30 p.m.
The child was taken by ambulance to a nearby hospital where he was pronounced dead.
Details regarding how the boy got into the pool and the events leading up to the drowning are under investigation. No estimate was given for how long he was underwater.
We would like to offer our deepest condolences to the family of the deceased victim at this time.
The Doctrine of Attractive Nuisance in Arizona
Generally speaking, a property owner has no liability if a trespasser is injured on their property. Landowners are seldom held accountable for the actions of those who enter their premises unlawfully.
This principle, however, does not always apply when a child is involved. Premises liability law is different where unanticipated child trespassers are concerned through the Doctrine of Attractive Nuisance.
Under Arizona law, children are afforded special protections. If your child sustains an injury in an accident on someone else’s property, you should consult with an experienced premises liability lawyer right away.
The law acknowledges that children lack the same mental capacity as grown-ups, meaning are not as able to readily identify a potentially dangerous situation. An experienced premises liability attorney will be able to clarify how the law takes into account a child’s inability to recognize danger and what that means for your potential personal injury claim.
The doctrine of attractive nuisance places liability on property owners when there is a potentially hazardous condition on their property that could reasonably be expected to appeal to a child. Additionally, the property owner does not even need to be aware of the hazardous condition.
The fact that the condition exists, that it has the potential to entice children, who are inherently curious and not always able to recognize the possible perils of a situation, and that the child was somehow able to access the danger, could be enough to hold the property owner liable for the child’s injuries. A skilled Arizona premises liability lawyer can fully explain these matters, and determine whether or not you have a valid premises liability claim.
If you or a family member were injured on another person’s property, contact a personal injury attorney from Saavedra Law Firm, PLC by calling (602) 753-8917 to schedule a free and confidential case examination with a member of our law firm as soon as possible.
Note: Our writer used outside sources in the creation of this post. These sources include local news reports, local and state police incident reports, social media outlets, and eyewitness accounts about serious injury accidents that take place in Arizona. We have not independently verified all of the facts surrounding this accident. If you find any information that is not correct, contact Saavedra Law Firm, PLC as soon as possible so that we can correct the post to reflect the most accurate information available. We will remove this post upon request.
Disclaimer: This post is not a solicitation for business. None of the information in this post is intended to be medical or legal advice. If you have been injured in an accident, seek the help of a medical professional. The photo used in this post was not taken at the actual accident scene.