Jane Doe v. Apartment Complex

This 2008 case involved the death by drowning of a young boy in an apartment complex swimming pool. The pool was fenced and gated, but a careful inspection revealed that the effective height of the fence was slightly less than required by city code because of a small mound of earth at one point on the perimeter.

That code violation was the only evidence in the plaintiff's favor, as there were no witnesses, and we could not prove how the boy entered into the fenced pool area.

The result was a successful settlement in favor of the deceased child's family.