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Old 09-04-2011   #61
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Default Re: Police investigate drowning at home of Antonio Smith

Kinda dark in there. No wonder they didn't notice a body 'till morning.
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Old 09-04-2011   #62
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Default Re: Police investigate drowning at home of Antonio Smith

Looks like the media has disclosed the location and pictures of Antonio's house. That sucks for him.
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Old 09-04-2011   #63
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Default Re: Police investigate drowning at home of Antonio Smith

Assuming this guy was charged for admission to a "Pool Party" and served alcohol. If there weren't any life guards or anything wouldn't Smith be pretty open for a lawsuit?
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Old 09-04-2011   #64
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Default Re: Police investigate drowning at home of Antonio Smith

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Where did you find these photos?
Internet ninja. No, actually clicking around on Twitter to folks who attended/set up party.

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Old 09-04-2011   #65
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Default Re: Police investigate drowning at home of Antonio Smith

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Assuming this guy was charged for admission to a "Pool Party" and served alcohol. If there weren't any life guards or anything wouldn't Smith be pretty open for a lawsuit?
You're assuming he drowned during the party.

Suppose he was beyond the legal driving limit and Smith let him stay to "sleep it off" and during the night he got up, wandered around the pool and fell in, hitting his head....

That's the first scenario that comes to my mind. I can't see someone falling in the pool and drowning during the party and no one seeing him.
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Old 09-04-2011   #66
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Default Re: Police investigate drowning at home of Antonio Smith

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Assuming this guy was charged for admission to a "Pool Party" and served alcohol. If there weren't any life guards or anything wouldn't Smith be pretty open for a lawsuit?
You can always sue, doesn't mean you'll win. With (theoretically) only adults in the (private) pool, you can sometimes skip the lifeguard.

The time-of-death will also affect liability. What if the "guest" went back to the pool after everyone else went inside?
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Old 09-04-2011   #67
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Default Re: Police investigate drowning at home of Antonio Smith

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Assuming this guy was charged for admission to a "Pool Party" and served alcohol. If there weren't any life guards or anything wouldn't Smith be pretty open for a lawsuit?
Any time anybody gets hurt/killed, there's usually a lawsuit. Lawyer ends up suing everybody. Homeowner, event producer, anyone with a checkbook. Doesn't mean it is a good lawsuit, but costs everyone involved money.
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Old 09-04-2011   #68
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Default Re: Police investigate drowning at home of Antonio Smith

Reports say it's a family friend. If true, there's a good chance there won't be a lawsuit.

I had friends who went through something like this about ten years ago. A friend got too drunk and fell into the pool while everyone was asleep. No lawsuit from the family. There's really no grounds for a lawsuit, since the alcohol provided is self-serve.
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Old 09-04-2011   #69
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Default Re: Police investigate drowning at home of Antonio Smith

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The man who died at the home of Texans defensive end Antonio Smith has been identified as a 37-year-old friend of Smith’s family.

Fort Bend County sheriff’s spokesman Bob Haenel told the Associated Press that the death is believed to be a drowning, and foul play is not suspected.

The death was reported at about 9:30 a.m. today. Smith had hosted a birthday party in his home on Saturday night.
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Old 09-04-2011   #70
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Default Re: Police investigate drowning at home of Antonio Smith

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Originally Posted by Brisco_County View Post
Reports say it's a family friend. If true, there's a good chance there won't be a lawsuit.

I had friends who went through something like this about ten years ago. A friend got too drunk and fell into the pool while everyone was asleep. No lawsuit from the family. There's really no grounds for a lawsuit, since the alcohol provided is self-serve.
That's the scenario I figured.
My sympathies go out to the guy's family and Smith's family as they've lost a friend.
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Old 09-04-2011   #71
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Default Re: Police investigate drowning at home of Antonio Smith

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Originally Posted by Brisco_County View Post
Reports say it's a family friend. If true, there's a good chance there won't be a lawsuit.

I had friends who went through something like this about ten years ago. A friend got too drunk and fell into the pool while everyone was asleep. No lawsuit from the family. There's really no grounds for a lawsuit, since the alcohol provided is self-serve.
Depends on the friend. People can file lawsuits even if there are no grounds. Happens every day, I'm afraid.

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Old 09-04-2011   #72
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Default Re: Police investigate drowning at home of Antonio Smith

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Depends on the friend. People can file lawsuits even if there are no grounds. Happens every day, I'm afraid.

Friendship many times can be affected by death and money.
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Old 09-04-2011   #73
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Default Re: Police investigate drowning at home of Antonio Smith

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Depends on the friend. People can file lawsuits even if there are no grounds. Happens every day, I'm afraid.
Mesh pool covers are pretty cheap and easy to use. If after hours would be pretty reasonable to put it on. i also think you are in a different ballgame when you charge people to attend.
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Old 09-04-2011   #74
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Default Re: Police investigate drowning at home of Antonio Smith

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Originally Posted by Brisco_County View Post
Reports say it's a family friend. If true, there's a good chance there won't be a lawsuit.

I had friends who went through something like this about ten years ago. A friend got too drunk and fell into the pool while everyone was asleep. No lawsuit from the family. There's really no grounds for a lawsuit, since the alcohol provided is self-serve.
More often than not money trumpts friendship. And re your friends, perhaps they didn't have the deep pockets that a highly compensated pro-jock like Smith has ?
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Old 09-04-2011   #75
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Default Re: Police investigate drowning at home of Antonio Smith

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More often than not money trumpts friendship. And re your friends, perhaps they didn't have the deep pockets that a highly compensated pro-jock like Smith has ?
Hopefully Smith's pockets were deep enough to purchase Homeowner's Insurance and that swimming pool (and alcohol) mishaps were not excluded from that coverage.
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Old 09-04-2011   #76
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Default Re: Police investigate drowning at home of Antonio Smith

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Hopefully Smith's pockets were deep enough to purchase Homeowner's Insurance and that swimming pool (and alcohol) mishaps were not excluded from that coverage.
I doubt they cover commercial uses of the property either.
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Old 09-04-2011   #77
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Default Re: Police investigate drowning at home of Antonio Smith

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Originally Posted by disaacks3 View Post
You can always sue, doesn't mean you'll win. With (theoretically) only adults in the (private) pool, you can sometimes skip the lifeguard.

The time-of-death will also affect liability. What if the "guest" went back to the pool after everyone else went inside?
if the life guard angle doesn't work out, and he fell in the pool I think you are going to find that he was pretty clearly overserved. I don't imagine the words cut off exists at those parties, just speculation and not trying to point any fingers but there are grounds for a suit and it sounds like a easy enough one to win.
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Old 09-04-2011   #78
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Default Re: Police investigate drowning at home of Antonio Smith

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I doubt they cover commercial uses of the property either.
Wait, wait.... How is paying some outfit to help you throw a party turn that party into a commercial operation?

Are you saying every wedding reception or dinner party or anniversary party or whatever that someone has catered by a professional outfit automatically becomes a commercial operation??
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Old 09-04-2011   #79
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Default Re: Police investigate drowning at home of Antonio Smith

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Wait, wait.... How is paying some outfit to help you throw a party commercial?
If you received a pecuniary benefit the insurance company will argue commercial. If the party makes you a profit then you received a pecuniary benefit. Lots of ways to get around that.
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Old 09-04-2011   #80
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Default Re: Police investigate drowning at home of Antonio Smith

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If you received a pecuniary benefit the insurance company will argue commercial. If the party makes you a profit then you received a pecuniary benefit. Lots of ways to get around that.
You're making an assumption that Smith made money off the party. While the folks he hired to do the party (DJ, fashion show producers, etc.) certainly made money, there's nothing to support the assertion that Smith did.
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