New law holds that people who have houses with swimming pools can be liable to a guest if someone drowns.

In Melina Johnson v. Benorad Prasad, et al. (2014) 224 Cal.App.4th 74, a four year old was a guest at a pool party and drowned. The boy’s family brought a wrongful death claim against the homeowners and the tenants.

The court found negligence because it was foreseeable and reasonable to expect children to use a pool. Even though there is no requirement to have safety precautions for pools built before 2007, the Court overturned prior law and found that safety features are minimal in cost and saves lives.

Homeowners may protect themselves from liability by putting in place the safety measures outlined in Health and Safety Code Section 115922.

Any questions, call Hafif & Asociates, LLP (909) 291-2439