DISCLAIMER: The results are specific to the facts and legal circumstances of each of the client's cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Every case is different)
I was retained by the parents of a 2 year old boy to seek compensation after their 2 year old son stepped onto a plastic bubble cover while retrieving a ball he had thrown over the fence dividing his yard and an adjoining neighbor. We alleged that the pool owner failed to exercise reasonable care by failing to construct and maintain a fence around the pool or have a pool cover in place that would adequately support someone walking on the cover. The pool owner contended that a recent storm had taken out a section of the fence and that they were in the process of repairing the fence. The insurance company paid its coverage limits after we established through deposition testimony that the materials to repair the missing section of fence laid next to the fence for several months.
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