Could this tragic drowning death have been prevented and are justice and compensation available to the family?
6-year-old Damerria Hooten “drowned in a creek along Athena Lane in DeKalb County” on Thursday, January 31, WSBTV.com is reporting. According to Fox5Atlanta.com, “[t]he 911 call of a possible drowning came in a little after 4:30 p.m. When first responders arrived, a family member told them the 6-year-old girl fell into [the] creek.” 11Alive.com reports that “[the child] had been in the water for roughly an hour [and that]…[r]esponders immediately began CPR upon getting the child out of the water.” The young child was “rushed to Egleston Children’s Hospital” where, tragically, she was unable to recover.
Residents who live in the area expressed to WSBTV.com that “the creek should’ve been blocked off.” The mother of the 6-year-old child also expressed to WSBTV.com that she was unaware of the creek, “I never seen it, didn’t know it was a creek back there that was that deep. I don’t know why I wasn’t notified about the creek.”
Our Legal Take
Apartment residents and guests have a right to feel safe and secure while on the premises. The Murray Law Firm questions the level of security measures provided on the property and whether this tragedy may have been prevented.
- Have there been prior incidents of children gaining entry to the creek and, if so, what additional security measures were taken by the apartment complex owner and management to protect these young residents? How did any such precautions fail?
- What security measures, such as fencing, warning signs, written warning notifications and security patrols, were in place to deter entry to the creek and protect Miss Hooten at the time of the drowning?
Generally, property owners are required to protect all those legally on the premises from any foreseeable harm. Should the facts of this matter reveal that the apartment complex owner or management failed to provide adequate security and safety measures to protect those on its premises, Damerria Hooten’s family may seek justice and elect to pursue legal claims for her wrongful death.
Based upon its prior successful experience in handling premises liability claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a premises liability case, it is imperative that the victims family retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.
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The Murray Law Firm has an extensive and successful record representing victims of security negligence. We have recovered millions of dollars for our Clients, and recently obtained a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.
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DISCLAIMERS: The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request. The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case. “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.