Few cases are more tragic than swimming pool drowning cases. While at Clark and Steinhorn we have handled adult drowning cases, the most frequent presentation involves toddlers or infants making their way to unsupervised pools and falling or climbing in.
Maryland law on the subject is especially punitive and pool owners who do not fence their pools in accordance with Maryland law nonetheless are not legally responsible for the drowning deaths of youthful "trespassers". Some years ago we handled a case involving a three-year-old who had been previously invited to the neighbors' pool for a swim and who found his way to the pool again and drowned. The Circuit Court for Montgomery County, Maryland unceremoniously threw the case out because the deceased toddler was a "trespasser".
Property owners are protected against claims by "trespassers" even if the child is too young to understand that one day they are an "invitee" with a legal protection and the next time they are trespassers. Apparently Maryland's highest Court is contemplating an important change to this body of law.