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In the wake of a tragic incident where a 5-year-old child drowned in a pond in Harvest, Mark McDaniel, a Â鶹´«Ã½ lawyer, discussed the legal implications and responsibilities. 

McDaniel explained Alabama currently has an attractive nuisance doctrine in place, designed to safeguard children. According to Alabama law, a swimming pool is considered an attractive nuisance, and measures such as a gate and lock should be used to prevent children from accessing a body of water unsupervised. He also says the area surrounding the water should be well taken care of because it could very well be just as dangerous.

“The biggest thing is that you can be sued for negligence, and the law of negligence is that every person has a duty of care not to injure their neighbor, and the number two requirement is that as a result of that, you can have a breach of that duty of care, which means that you did not do something to safeguard the area," says McDaniel.

McDaniel says you should never assume what a child can and cannot do and states the importance of a parent or parents watching their child without distraction. McDaniel says it is your duty to do everything you can to protect children from getting into a body of water unattended. 

The Madison County Sheriff's Office says it doesn't currently expect to file charges in this case.