Does Homeowners Insurance Cover a Fatal Swimming Pool Accident in Kentucky?

Although we often associate premises liability cases in Kentucky with accidents on commercial or public property, private homeowners can also be held financially responsible if someone is injured in their home. For example, one of the more common types of premises liability claims involving homeowners are swimming pool accidents. If a homeowner does not properly secure and maintain their home pool and a visitor–especially a child–is injured or killed, they can be sued for civil damages the same as the owner of a store or a local government.

Judge: Policy Does Not Cover Drowning Death of Toddler in Foster Home

While Kentucky law does not require homeowners to carry homeowner’s insurance the same way that drivers must carry auto insurance, as a practical necessity most homes are insured. (Indeed, if a property is secured by mortgage, the lender almost always requires homeowner’s insurance.) This means that if there is an accident on the property that injures or kills a third party and the victims file a personal injury lawsuit, the homeowner’s insurance carrier may be responsible for paying any settlement or award of damages up to the limits of the policy.

It is critical to understand, however, that homeowner’s insurance will not cover accidents involving the homeowner themselves or any members of their household. A recent case from here in Kentucky, Erie Insurance Company v. Works, illustrates how that can affect even the most tragic of scenarios. This case involved the drowning death of a 20-month-old toddler in a home swimming pool.

At the time, the child and her two-year-old brother were in foster care. Kentucky officials removed the siblings from their parents and initially placed them with a couple who had no children of their own. The couple, however, then found out they were having a baby and asked the state to place the foster children with another home. This led to their placement with the defendant in this case, a single foster parent already caring for two other children.

The defendant had an uncovered swimming pool in her backyard. One day, the 20-month-old toddler walked outside unsupervised, wandered into the pool, and drowned. Kentucky officials subsequently removed the deceased toddler’s brother from the defendant’s care and returned him to his parents.

Understandably, the parents filed a wrongful death lawsuit against the defendant over their child’s preventable death. This prompted a second lawsuit, this time from the company that issued the defendant’s homeowner’s insurance policy. The insurance company asked a federal judge to declare it was not responsible for any coverage of the parents’ lawsuit, as the victim was a member of the defendant’s “household” at the time of her death.

The homeowner’s policy in this case excluded coverage for any person “in the care of” the insured. The judge said that included a foster child in the care of the homeowner. The parents can still proceed with their state wrongful death lawsuit, of course, but the defendant’s insurance company is not required to pay for any judgment or settlement they obtain.

Contact a Madisonville Premises Liability Lawyer Today

If you, or your child, are injured on someone else’s property, do not assume the owner or their insurance company will automatically assume financial responsibility for your losses. You need to work with an experienced Madisonville premises liability attorney who will fight for your rights. Contact Whitfield Crosby & Flynn to schedule a consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=15989890697270227413