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Lucas County Mother Sues Apartment Complex After Child is Pushed in at Pool Party

Our client and her 11-year-old son are residents of the Wildwood Commons apartment complex in Toledo, Ohio, which is managed by Investek Management Services. In the summer of 2019, our client received a flyer from Wildwood Commons inviting them to a residents-only pool party, promising to provide food, drink, and a lifeguard. Because the invitation stated that safety measures would be in place, our client and her son chose to attend the pool party.

At the party, our client’s son was standing near the pool when he was pushed in by a non-resident child. Our client’s son fell into the pool near the stairs, catching his ankle on the stairs and causing a severe fracture. After the incident, the Wildwood Commons property manager came to the pool area and told our client’s son to stop crying and get out of the pool. The manager refused to call 911 even after our client stated that her son needed an ambulance.

Our client’s son was taken to the emergency room and hospitalized for over two weeks, having to undergo open reduction and internal fixation for a severe fracture to his left ankle. The legal team at Charles E. Boyk Law Offices is seeking damages from Wildwood Commons and Investek Management Services on our client and her son’s behalf.

Establishing Negligence

Defendants Wildwood Commons and Investek owed our client’s son a duty to exercise ordinary care with respect to the pool party. They were responsible for providing a lifeguard and following safety precautions as promised in the invitation. The companies also had a duty to prevent non-residents from attending the pool party. By failing to provide a lifeguard or any supervision, failing to take any safety precautions, and allowing non-residents to attend the pool party, Wildwood Commons and Investek acted negligently.

Assessing the Damages

As a result of the negligence of Wildwood Commons and Investek, our client’s son sustained a severe ankle injury. After his surgery, he was faced with a significant recovery period. He was still in a wheelchair upon his return to school in the fall, which caused additional burdens. To date, our client’s son still experiences pain, diminished strength, and loss of mobility in his ankle. He will never return to his pre-injury baseline.

Due to her son’s injuries, our client has experienced emotional and financial distress. Thus, we are seeking appropriate compensation for the economic and non-economic damages that resulted from the negligence of Wildwood Commons and Investek.

Reach Out to a Dedicated Attorney

If you or your child has suffered injuries due to a negligent apartment manager’s actions, you may have a valid legal claim. However, handling a premises liability case can be complicated.

The experienced attorneys at Charles E. Boyk Law Offices can review your claim and help you determine the best path forward so that you can focus on healing. Call us today to schedule a free consultation and speak to a dedicated member of our legal team.

Charles E. Boyk Law Offices, LLC

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