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It was on January 31st, 2020, when the 2-year-old victim fatefully drowned in the pool behind her father's rented home.
Less than an hour after Nevaeh was laid down for a nap, a family member present in the home found that the door to the backyard area was open. Following the opened slider door, the family member exited out to the pool area and encountered the young girl face down in the pool.
CPR was attempted immediately while emergency responders arrived and translated the victim to Henderson Hospital, where she was pronounced dead later on.
The sequence of events leading to this tragic drowning death are not clear, though the lawsuit that has now been filed highlight two glaring issues. First is the home's slide back door - the lock was broken and the door had to be secured with a piece of wood; the piece of wood was not in place when Naveah drowned. Second - while the swimming pool area was indeed surrounded by a gate, there was a hole that is believed to have allowed Naveah access.
It is believed that, after opening the backyard door on her own, young Naveah may have followed the family dogs out into the pool area.
Naveah's mother, Anjelica Jones, filed a lawsuit against her daughter's father and his fiancée, as well as the property owner and the management company.
In a subsequent cross-complaint presented by Naveah's father, it is alleged that at the beginning of the rental period, requests were made when various safety issues were encountered. These requests appear to have been ignored both by the owner of the property as well as the rental agents in charge of managing it. Cour documents show that the property owner resides in California.
When a tragic drowning accident leaves surviving family members with deep trauma and countless unanswered questions, it's only normal to seek out those who can be held responsible. In a majority of cases, victims' loved ones aren't interested in compensation as they are in preventing other unsuspecting persons from suffering the same fate.
There is no amount of money that can turn back time and prevent a tragedy from occurring, but preventing unnecessary deaths can help grieving families get closure and heal.
When it comes to drownings in rental homes, there are a number of parties that can be held responsible for damages. First and foremost, the owner of the property is likely to hold the greatest amount of responsibility for injuries suffered on their property. This is because premises liability laws place them in charge of ensuring that visitors to their property are not put in harm's way.
Additionally, if the property is managed by a rental agency or property management company, it is likely that they may be held liable as well. Property owners generally enter into contracts that state that the management company is placed in charge of repairs needed in the home. If these repairs are not made and a renter or visitor suffers any kind of injury while on the property, then the management company may be found negligent in their duty to maintain the property and mitigate safety hazards as they arise.
It's important to understand that drowning lawsuits and other swimming pool injury cases are some of the most complex types of cases that exist. With the above information, you can already gather that it isn't always clear who is responsible and who isn't. It often takes an experienced legal team to analyze all the facts of a case and determine who can be held liable.
For this reason, it's vital for you to seek the counsel of a pool accident attorney if you are considering filing a lawsuit. The Aquatic Attorneys team offer free consultations, as well as a No Win-No Fee policy that releases you from any legal fees unless your case is successful.