The firm represented the family of a nineteen month old toddler who wandered away from his house and into an unprotected koi pond in the neighborâ€™s yard. The koi pond was approximately sixty-five feet from our clientâ€™s property line. There was no fence separating the yards and there was no warning or other protections around the koi pond.
The toddler wandered away from an adult responsible for his supervision and fell into the koi pond. He was found, but only after suffering irreversible brain damage.
Like all child injury cases that this firm handles, this case was particularly emotional because of the profound loss and the impact that it had on the toddlerâ€™s family. Nevertheless, these cases are difficult legally because of various defenses that are available to property owners, designers, and those in charge of supervision of children.
Despite these obstacles, the firm was able to negotiate a settlement against the adult responsible for the toddlerâ€™s supervision in the amount of $1.3 million dollars, which represented the maximum available policy limits.
The firm also successfully negotiated settlements with the adjacent property owner, who owned the koi pond, and the designer of the koi pond. The amounts of these settlements were confidential.