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Are You Liable if Someone Trespass To Use Your Pool and is Injured?

Thursday, November 30, 2017

Pools are a great thing to enjoy when it starts heating up out there. You can enjoy them privately or with your friends and family. However, owning a pool can make them an attractive target to other people, particularly children and teens. Some might find it a thrill to sneak onto your property while you are asleep or away and take a quick dip. Mostly this is harmless, if not just plain unnerving, but what happens if that trespasser is injured?

Many landowners in California would be surprised to discover that the state has very little distinction between people you invited over and people who were trespassing. The law used to state that children injured on the property for trespassing were to be covered in case of injury or death by those who owned pool or playground equipment under attractive nuisance. However, that was repealed and replaced with the current law that states landowners are responsible for trespasser injuries if their property is not kept in safe condition.

This means that if a trespasser using your pool slips and injures themselves, you could technically be held responsible. However, if you made the effort to fence off your pool area or put down flooring that is naturally non-slip, you may be able to argue against it.

The truth is that in terms of trespassing, property liability can be a very difficult area of the law to sort out on your own. This is why if a trespasser was injured on your property, you need to contact us right away. The Law Office of Freeman and Freeman can help sort out the small distinctions and loopholes in your case so you don't have to cover the injuries of someone who was technically committing a crime.


Office Locations

21900 Burbank Boulevard
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Woodland Hills, CA 91367-7418

P: 818-992-2919
F: 818-992-2940


From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.