Type of case: Premises Liability, Wrongful Death
Court: Richmond Circuit Court
Mediator: Frank N. Cowan
Attorneys: Walter H. Emroch (retired)
Summary: The 6-year-old decedent was being watched at an apartment complex swimming pool by her aunt. She was last seen by witnesses holding on to the side of the swimming pool, moving towards the deep end. Several minutes later, the decedent was found dead in the deep end of the swimming pool. A resident who was sitting with the lifeguard testified that they were positioned too far back to see the part of the swimming pool where the decedent’s body was found.
The lifeguard, who was a resident of Russia, was hired, trained and newly certified by the defendant pool management company. The defendant took the position that they had no liability, as the pool management company was an independent contractor. Plaintiff argued that under Virginia law, the duty of the owner and manager of the swimming pool in regard to safety was non-delegable.
The case was settled after extensive discovery was completed.