No Fault Found in City Reservoir Drowning

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A city was not liable for the drowning of an individual in the city reservoir where there was no evidence that the city had actual or constructive knowledge of the decedent's use of the reservoir or that it in any way caused the decedent's death. Defendant City of Waterbury (Connecticut) filed a motion to set aside the verdict and judgment rendered thereon in favor of plaintiff, a decedent's administrator, and further moved for judgment in its favor on the administrator's claim that the negligence of the City, in its capacity as the owner of a reservoir, was the cause of the decedent's death by drowning.

The decedent drowned for unknown reasons while swimming at the reservoir. The administrator alleged that the city was negligent in failing to post warnings. The City presented indisputable evidence that "no trespassing" signs were posted on the property on the day of the drowning. The jury returned a verdict for the administrator. The court held that there was insufficient evidence that the City owed any duty to the decedent. The court found that the City's duty to the decedent if he was a trespasser would have been minimal and that, even if the decedent was a licensee, its duty would have been premised on actual or constructive knowledge of his presence. The City's duty would then have been to refrain from any activity that would endanger the decedent and to warn him of certain dangerous conditions, and liability would still have required proof of proximate causation. The court held that there was no basis in the record for finding that the City had actual or constructive knowledge of the decedent' s presence, that it actively subjected the decedent to injury or failed to warn him of a dangerous condition, or that its acts or omissions were in any way the cause of his death.

The court granted the City's motions and set aside the verdict and judgment rendered thereon in favor of the administrator and against the City. Further, the court entered judgment in favor of the City in accordance with the City's motion for a directed verdict.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Salaman v. City of Waterbury, 1995 Conn. Super. LEXIS 1107