Massachusetts Personal Injury Library
Water-Related Child Deaths and Wrongful Death Lawsuits (Part B)
Examples of Negligence in Water-Related Child Accidents
Water-related accidents can include anything from a bathtub slip and fall accident to a child drowning in a fountain or sink. Many of these types of accidents are a result of negligence by adults.
Listed below are a few hypothetical examples of negligence that could result in a fatal water-related child accident:
- A daycare worker leaving a toddler unattended in a room with a five-gallon bucket containing an inch or more of water
- An apartment complex that fails to secure a communal hot tub by installing a proper childproof cover
- A city park or private property owner that doesn’t properly secure an ornamental pond or fountain with protective fences
- A hot tub manufacturer that sells a protective cover with a faulty “child proof” latch
Process of a Wrongful Death Lawsuit
You might feel overwhelmed with the initial process of filing a wrongful death lawsuit.
Here are a few helpful tips on how to navigate a wrongful death claim in Massachusetts:
- Know that Massachusetts has a statute of limitations that places a time limit on how much time can pass before filing a wrongful death lawsuit.
- As soon as you are able, begin to collect evidence that supports your claim of negligence, including photographs of the accident scene.
- If this is too difficult for you to handle, enlist a trusted friend or family member, or your attorney, to help you. Consider the use of an expert witness during the trial, such as a childcare expert or pediatrician who can provide informative background about the technical or medical aspects of the case.
- Understand that a wrongful death lawsuit doesn’t mean you are trying to “profit from the death of a child.” Wrongful death lawsuits hold adults accountable for their negligent actions, and they work to fight for the rights of your deceased child.
How To Select a Lawyer?
When selecting a Massachusetts wrongful death or child injury attorney you’ll want to ask critical questions such as:
- How long have you been practicing law?
- Do you have experience with Massachusetts child accident cases?
- What is the biggest settlement or verdict you have won?
For over 30 years Kiley Law Group, located in Andover and Boston, Massachusetts, has fought on behalf of children.
Our child injury lawyers take time when speaking with you about your child’s injuries. Tom Kiley’s firm works with you on a contingency basis, which means there are NO FEES unless our trained personal Boston child injury attorneys win your case.
Call now for a FREE legal consultation.


