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Illinois Wrongful Death Lawsuit Filed by Family of Boy Killed in Pool Drowning Accident

In Cook County Circuit Court, the family of a boy who drowned in a pool at a condominium is suing Lincolnway Management Co. and Stonebridge Condominium Association for his Illinois wrongful death. Jamar Garrett died on July 18, 2007.

Garrett and a few friends had hopped a fence to enter the condo property and swim in the pool. Now, his family is accusing the Illinois wrongful death defendants of major safety violations, including failing to maintain a pool enclosure that was safe and not having a ?life-hook? at poolside.

The Cook County lawsuit also accuses the defendants of violating a number of safety provisions under the Illinois Pool and Beach Bathing Act, including the requirement that a protective wall fully enclose a pool. Any gate that surrounds the pool is supposed to be at least four feet high.

The complaint recounts that Jamal?s brother tried to find him in the water but couldn?t see him because the water was very murky. He then tried to find a pole that he could place in the water for his brother to grab onto but he could not find one. He had to watch his older brother drown.

Premises Liability
Property owners are obligated to make sure that there are no hazardous conditions on a premise that could cause injury or death. Pool owners and managers are also supposed to do the same.

According to the Illinois Swimming Pool and Bathing Beach Code, rescue equipment needs to be easily available at a pool, including:

? A shepherd?s crook or life hook that is at least 12 feet long
? A US Coast Guard approved ring buoy
? An emergency phone accompanied by an emergency contact list
? Lifeguard stations

Among the general design requirements for pools:
? The pool area needs to be completely enclosed by a protective barrier that is at least four feet high.
? There must be a self-closing, self-latching entrance to into the pool enclosure and secure locking of the entrance must be possible.

More than 3,500 people died in accidental drownings in the US in 2005. Kids 14 years of age or younger make up more than one in four deadly drowning deaths. Even nonfatal drowning accidents can be catastrophic, resulting in traumatic brain injuries.

Family Files Suit Over Drowning Death Of Son, CBS2Chicago.com, March 25, 2009

Illinois Swimming Pool and Bathing Beach Code, Ilga.gov

Water-Related Injuries: Fact Sheet, CDC

Full post as published by Chicago Injury Attorney Blog on April 16, 2009 (boomark / email).