• May 17, 2017

Two Children Killed in Cape Coral, FL, Drowning Accident off 47th

Cape Coral, FL -- May 15, 2017, two young children were killed following an accident where they drowned in a pool at a condo complex.

Cape Coral emergency personnel were called out to the accident scene at around 10:00 p.m. The condo complex at which it occurred is located at 1330 SW 47th Terrace.

According to police officials, two children, ages 1 and 3, somehow entered a pool located on the property. They were not seen for some time until the childrens' father, Eric Marchant, Sr., found them unresponsive in the pool. He called for emergency services.

Both children received resuscitation efforts and were transported to a nearby hospital, but they both succumbed to drowning-related injuries.

Reports have said that the pool was once surrounded by a metal fence, but the barrier was removed several months ago for an unknown reason.

At this time, authorities continue to investigate the incident.

Map of the Area

Commentary

There is a detail in these reports that really doesn't sit well with me and needs to be thoroughly investigated. Why exactly did the complex remove the fence surrounding the pool? It's very well known that pools without fences are very dangerous for children and can often lead to accidents just like this one. This is why so many apartments, condos, hotels--pretty much everyone with a pool--erect fences around pools. It's perfectly legal to not have a fence around a pool, but in choosing to place aesthetics or convenience over safety, property owners take on the responsibility when events take a tragic turn.

So why in the world would a complex not only opt out of having one but remove one that was already there? I can understand--as wrong a decision as it may be--if an association decided not to get one just to save money. But the fence was already there, so it had to have cost money to remove. Where exactly is the reasoning here? Let's spend money to make our property more dangerous?

Now I am loathe to try someone over the internet, but I am hard-pressed to see a scenario in which the actions of the complex's management wouldn't be considered reckless. The fact of the matter is there should have been a fence around the pool, and there is no good reason to remove one that was already there. The management deserves whatever punishment the law provides for their irresponsible actions.

--Grossman Law Offices

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