Family Files Wrongful Death Suit After Child Drowns in Unlocked Charleston Apartment Pool

The Incident

On July 12, 2025, tragedy struck a Charleston apartment complex when a young child drowned in the community pool. According to reports, the pool gate was left unlocked, and there was no supervision or warning signage in place to deter unsupervised access. The family of the child has since filed a wrongful death lawsuit against the apartment complex, citing negligence in maintaining the safety of the premises.

This heartbreaking incident highlights the importance of property owners taking reasonable steps to secure potentially hazardous areas, especially those that may attract children. Pools are a common example of what South Carolina law refers to as "attractive nuisances," and owners must adhere to specific standards to prevent such tragedies.

What South Carolina Law Says

Under South Carolina law, property owners have a duty to ensure their premises are reasonably safe for visitors. Specifically, SC Code § 15-78-60 outlines liability for premises-related injuries or deaths. The attractive nuisance doctrine applies to situations where a property contains features that are likely to attract children, such as swimming pools.

In cases like this, property owners are expected to take precautions to prevent unauthorized access. Measures may include locked gates, proper fencing, warning signs, and regular maintenance checks. Failure to implement these safeguards can result in liability if a child is injured or killed due to their negligence.

Your Rights and Options

If you or your family are facing a similar tragedy, you have the right to seek justice through a wrongful death claim. The first step is to gather evidence, including photographs of the pool area, witness statements, and any documentation showing the lack of safety measures. This evidence can help establish negligence on the part of the property owner.

Next, consult with an experienced premises liability attorney to evaluate your case. A skilled lawyer can help you navigate the complexities of South Carolina law, file the necessary legal documents, and negotiate with the opposing party. Compensation may include medical expenses, funeral costs, and damages for pain and suffering.

Acting quickly is essential, as South Carolina imposes a statute of limitations for wrongful death claims. Typically, you have three years from the date of the incident to file your lawsuit.

What I Look For When Evaluating These Cases

When assessing premises liability cases like this, I focus on the evidence of negligence. Did the property owner fail to secure the pool area? Were there prior complaints or incidents involving the same hazard? Additionally, I examine whether the owner violated any local or state regulations regarding pool safety. Strong cases often include clear documentation of these failures.

How Insurance Companies Will Fight Back

Insurance companies defending property owners often argue that the victim or their family bears some responsibility for the incident. They may claim that the child was unsupervised or that the danger was "open and obvious." These tactics aim to reduce or deny liability, but a well-prepared case can counter these defenses effectively.

Related Practice Areas at Traywick Law Offices

At Traywick Law Offices, we handle a wide range of premises liability cases, including Charleston premises liability and slip and fall accidents. Our experience also extends to personal injury claims and wrongful death lawsuits.

My Final Thoughts

As a Charleston attorney, I’ve seen firsthand how devastating incidents like this can be for families. Property owners must take their responsibilities seriously, especially when children are involved. If your family has suffered due to negligence, I am here to help you seek justice and hold those responsible accountable.