Kentucky Injury Law Blog

In Fayette Circuit Court, the mother of Kiah Milsom, the 14-year-old girl who died of a severe anoxic brain injury after drowning in the pool of a condominium complex in Lexington, Kentucky, is suing Aintree Condominiums Inc. for wrongful death.

Kiah and her friends had trespassed onto the condo complex property on July 20, and they were swimming in the pool at around 4am when her arm got sucked into the pool’s drain. Kiah reportedly was underwater for about 20 minutes until emergency workers, who were summoned, were able to free her. She sustained a traumatic brain injury from the accident and died several days later at the University of Kentucky Hospital.

In her lawsuit, Kiah’s mother Lisa Ann Scott accuses the condo complex owners of negligence and states that they either knew or should have known that the pool drain pump was dangerous. By law, a pool drain is supposed to have a properly secured cover, and the lawsuit contends that the pool’s drain cover was missing.

Premises Liability
Property owners are supposed to make sure that there are no unsafe conditions on a premise that could lead to serious injuries or death. Failure to fulfill this duty of care can be grounds for a Kentucky premises liability lawsuit if someone is injured or dies.

Dangerous Pool Drains
Pool drains have been known to cause serious injury or death if they are not properly covered and secured. Over the past three decades, there have been reports of a number of incidents where children, in particular, have gotten stuck in a pool drain and have been unable to release themselves. Serious injuries have included intestines being pulled from the trapped person’s body, near drownings, traumatic brain injuries, and deaths. It is important that you speak with Kentucky personal injury lawyer to determine whether you have grounds to file a claim against any negligent parties.

Mother of drowned girl sues condo owners, Bluegrassbeat.com, August 22, 2008

Teen dies of injury from pool accident, Kentucky.com, July 27, 2008

Related Web Resources:

The Virginia Graeme Baker Pool and Spa Safety Act

'She Died in My Arms': A Mother's Mission for Safe Pools, ABC News, July 23, 2008