Phoenix, AZ (May 12, 2022) – A 3-year-old boy was left in extremely critical condition after he nearly drowned at a house in north Phoenix on Wednesday, May 11th.
Fire crews were dispatched following reports of a possible drowning at a home in the area of Thunderbird Road and 52nd Street at about 3:00 p.m.
A statement from the Phoenix Fire Department says that CPR was already being performed on the child when rescuers arrived at the scene.
According to the Captain, emergency responders discovered that the three-year-old had been found unresponsive and face down in a backyard pool.
It was unknown how long the child had been in the water.
Rescuers continued to provide advanced life support efforts both on the scene and as the toddler was being transported to a trauma center.
He is currently in the hospital and is listed in extremely critical condition.
The investigation into the near-drowning is being undertaken by the Phoenix Police Department.
Our thoughts are with the injured victim and their family at this time. We hope for their full recovery.
Premises Liability and the Doctrine of Attractive Nuisance in Arizona
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 they 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.
Generally speaking, a property owner would have no liability if a trespasser was injured on their property. Landowners are rarely 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.
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 such as a swimming pool with no fence or cover. 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 accountable 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 our Arizona personal injury attorneys at (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.