Court Rules That There Was no Breach of Duty in Tragic Drowning Death

This case pertains to an action for damages filed against a homeowner’s association, developers, and property management companies by the father of a four-year old boy that tragically died by drowning in a retention pond that was adjacent to the father’s property and separated by a fence. A portion of the fence was knocked down and, as a result, allowed for access by the boy from his backyard to the adjacent property with the retention pond. While playing in his yard, the boy exited the yard through the area of the broken fence, entered the retention pond and drowned.

In his lawsuit, the boy’s father alleged: (i) the defendants breached their fiduciary duties owed to the father by failing to discover the broken fence, maintain it, repair it, or notify the father that it was broken: (ii) the defendants were negligent based on an alleged breach of a duty to maintain the fence; and (iii) the defendant management companies were liable for breach of contract based on their failure to fulfill duties of the homeowners association.

The trial court dismissed the action after finding: