Summer means more and more people are flocking to pools to escape the summer heat. Improperly maintained or poorly protected pools can be hazardous for swimmers, and can lead to injuries. If your child has been injured in another person’s pool, there may be action you can take.
Premises Liability and Pools
A pool is considered a feature of the property it is on, so often, a pool injury will be considered a premises liability claim. These types of claims determine who is liable for an injury when the particular condition or use of a property causes an injury. Depending on your child’s presence on the property, and whether they were an invited guest or not, you may be able to receive compensation through a premises liability claim.
Child Trespassers & Liability
In California, the court determines liability for an accident bases on whether the owner of the property used reasonable care to ensure that the premises was safe. Rather than focusing on the injured person’s legal status on the property, the court looks at the foreseeability that a person would be injured on the property, based on the maintenance and protections in place to prevent injury. Whether or not a child was trespassing isn’t important to whether a property owner has a duty of care to protect a dangerous condition on the property.
The court will examine several factors, including:
- The landowner knew or should have known that children were likely to trespass.
- The landowner knew of a condition on the property that posed a substantial risk of injury.
- The child should have discovered and understood the risks of the dangerous situation.
- The landowner’s control over and ability to remedy the hazardous condition.
At Shoop | A Professional Law Corporation, we are dedicated to helping our clients receive the compensation they deserve. Our Los Angeles premises liability attorneys are ready to answer your questions and begin your case today.