‘Drowned’ in Liabilities

Private pools are meant to provide fun, comfort, and convenience. Unfortunately, they have also been the scene of accidental drownings, many of which involve children. Dealing with the death of your own child can be devastating and it is your right to pursue justice especially if the accident occurred in someone else’s private residence. A Los Angeles wrongful death attorney can help you hold them accountable for the untimely death of your child.

Premises Liability

Under premises liability rules, a child using a pool on a private property is classified as a licensee, which means that the pool owner is obligated to warn their guests of the hazards that may not be obvious to a child. Pool owners also need to take safety precautions such as restricting access to the pool using fences and barricades. Failure to do either of these which resulted in a child’s death is reason enough to hold the homeowner liable. 

Negligence?

Under local ordinance, pools that are constructed in private properties need to have security features to prevent tragic losses. Fences, self-locking gates and barricades need to be installed to prevent children from gaining access to the pool. If the pool owner intentionally violated ordinances which led to a drowning accident, he or she will be found liable. For example, a child wanders into the property where the pool is and because barricades were intentionally not put up, he enters the pool and drowns. The homeowner can be held accountable for the child’s death.