Visitor Question

Pushed Into a Swimming Pool…

Submitted By: Tracey (Arizona)

My 6 year old son was pushed into my neighbor’s swimming pool by an older child. My son can not swim. He only cut his knee but he was traumatized by the incident. No one brought him home or bothered to contact me after he was pulled out of the pool. He had to walk home alone and tell me.

Can I sue the home owners for neglect and the mental trauma suffered by my son? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tracey,

You can sue anyone, at anytime, for anything. That doesn’t mean your lawsuit will be successful.

To prevail in a lawsuit the complaining party’s case must have merit. Merit can usually be described as proof of damages; damages which can be enumerated and have attached to them a dollar amount.

Unless you brought your son to a psychiatrist or psychologist and the Dr. is willing to testify the pool incident directly caused trauma to your son, you really don’t have a case.

Even if a doctor were to testify, that testimony would have to be of such substance as to convince a judge or jury your son was seriously impacted, and as a result suffered a demonstrable adverse affect.

Fortunately your son didn’t suffer any life threatening injuries. Although the persons responsible for his fall into the pool may have acted improperly, their actions were not of a level which will provide sufficient damages upon which to build a successful lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 5, 2012

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