In a recent four-week trial in Osceola County, Florida, Fort Lauderdale West Partners Sanaz Alempour and Courtney Kaiser secured for their clients a highly favorable verdict in a tragic wrongful death case in Orange County. The matter arose from the heartbreaking loss of a four-year-old child who drowned in the swimming pool of a newly built vacation rental home near Orlando’s famed theme parks.
The case presented complex and emotional issues, as the family’s estate brought negligence claims against a number of parties involved in the construction and sale of the property, including the developer, general contractor, subcontractors, pool contractor, pool barrier installer, and the private inspection company. Claims against the homeowner and the rental company were resolved prior to formal proceedings.
At the time of the incident, the home, a property within a large resort-style community catering largely to short-term rentals, was occupied by a group of 13 mothers and 9 children, visiting from New York. Despite the availability of a removable mesh pool barrier, the guests reported little experience or information regarding its use.
The Plaintiffs sought substantial damages, arguing that various parties were negligent in the design, construction, and inspection of the pool’s safety features, particularly focusing on whether the barrier system met state and local requirements. Notably, the estate declined a $9,000,000 global settlement offer and asked the jury for a $30,000,000 award.
After careful deliberation, the jury returned a verdict in favor of the estate in the amount of $250,000, but with an important finding: 60% comparative negligence was attributed to the surviving mother. The jury also apportioned a limited share of liability (8%) to the private inspection provider, while the developer, contractors, and other Defendants represented by our firm were found not liable for the majority of the claims.
Throughout the proceedings, our team navigated significant legal challenges, including a pre-trial ruling regarding the interpretation of Florida’s Residential Swimming Pool Safety Act. The Court ultimately determined that, contrary to the estate’s argument, a self-closing, self-latching, and lockable gate was not a requirement for residential pool barriers under state law.
The successful defense was made possible through the collaboration and dedication of the entire team, including Legal Assistant/Paralegal Toni Ortiz and Paralegal Marybeth Stone-Kassner.
We extend our deepest sympathies to the family and thank everyone involved for their professionalism and respect throughout this difficult process.
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