$500,000 Child Eye Injury Case

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Safety standards are required to protect the public from known dangers. However, here's what happened when an apartment complex didn't want to spend the money to be safe, or they were just plain lazy. The apartment complex swimming pool had a chain link fence, gate and lock to keep children safe when it not attended, but that was merely theory. Through years of use, the gate became so out of alignment that the lock no longer functioned. Appropriate child safety standards required them to hire a competent fence company to repair the gate and install a lock that would not endanger children. Instead they had their own maintenance man weld an iron finger onto the gate that extended over four inches beyond the gate to connect with the fence and then lock it. This dangerous iron finger was about 43 inches off the ground and it was rusty. 

Not only did they rig it, they didn't bother to keep the gate locked. A few curious young boys opened the unlocked gate and went into the unattended swimming pool. My client's eye level was about 43 inches from the ground, so when the gate swung shut, the rusty iron finger ripped his eye. 

Howard L. Stopeck, LLB, JD

33+ Years Trial Experience

Bar Member: Georgia, Federal, U.S. Supreme Court

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