Summer Swimming Pool Party Safety and Legal Risks
As summer heats up, many of us look forward to enjoying pool parties and relaxing by the poolside with family and friends. However, as a homeowner in California, it’s crucial to be aware of the legal responsibilities and potential risks associated with hosting such a highly popular event. The potential liability for homeowners might make one reconsider if they should open their swimming pool and home for the next pool event.
Legal Responsibilities of Homeowners
As a general rule in California, a landowner has a duty to maintain the land in a reasonably safe condition (Sturgeon v. Curnett (1994) 29 Cal.App.4th 301, 306, 34 Cal.Rptr.2d 498). In the context of a homeowner’s responsibilities regarding a swimming pool, the potential liability could include accidents due to inadequate supervision, faulty equipment, unsafe pool conditions, or simply how the pool is accessed. Due to the dangers of drowning, lawsuits stemming from pool-related injuries can result in significant financial and legal repercussions.
When determining whether a homeowner owes a duty of care to a potential plaintiff, the Court must consider several factors, including the foreseeability of the harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and the consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213, 63 Cal.Rptr.3d 99, 162 P.3d 610.).
In the context of swimming pools, which present the risk of death from drowning, each factor must be scrutinized with great detail. The outcomes of each circumstance greatly vary.
Analysis Regarding Homeowner Liability
Recent cases in California have highlighted the complexities of the Court’s analysis regarding a homeowner’s responsibility to injured parties.
A California Court determined that a homeowner who rents a house to a tenant was responsible for the tenant’s guests’ injuries sustained in their pool. In Johnson v. Prasad, (2014) 224 Cal. App. 4th 74, 168 Cal. Rptr. 3d 196, the mother of a child who drowned in a pool brought a wrongful death action against the homeowners, property management company, and others for her 4-year-old son’s drowning. The homeowners rented out a house with a pool to tenants with no children. The pool complied with state and local ordinances at the time it was built. The homeowners purchased the home in 2000 and did not alter the pool or add any drowning prevention mechanisms. Within a month of renting the house, their tenants invited people over for a pool party, where the 4-year-old child drowned. The homeowner denied liability as they did not know nor have any involvement with the pool party and argued they did not owe the child a duty of care.
In Johnson, the Court determined that the homeowners owed their tenant’s guests a duty of reasonable care. The Court explained that it is foreseeable that children would come to the pool, and that children approach pools regardless of their capacity to swim (citing Barrett v. Southern Pacific Co. (1891) 91 Cal. 296, 302–303, 27 P. 666.). The Court affirmed that homeowners owed a duty of reasonable care to protect the child from drowning, underscoring the legal obligation of property owners to ensure the safety of all visitors, including the guests of their tenants.
Even though there was no requirement that the homeowner put up anti-drowning defenses around the pool, the existence of the Swimming Pool Safety Act, which did not apply to the homeowner’s home, imposes some responsibility on homeowners to prevent drowning. The community benefit of saving lives outweighs the financial and time burden to homeowners to retrofit the pool with safety features. This was especially true since the homeowners still maintained the pool as part of their lease agreement. The ruling in Johnson highlights the significant legal implications for homeowners regarding pool safety, emphasizing the necessity for regular maintenance, proper safety features, and adequate supervision to mitigate risks and avoid potential legal liabilities.
On the other hand, a homeowner’s liability is transferable and is not absolute. In Taylor v. Trimble, (2017) 13 Cal. App. 5th 934, 220 Cal. Rptr. 3d 741, the decedent’s father brought a negligence and premises liability action against homeowners after the decedent’s five-year-old son drowned in the homeowners’ swimming pool. Plaintiff argued that the homeowners negligently supervised the minor and that the pool was a dangerous condition because there were no floatation devices, water features in the pool agitated the water and made it difficult to hear the pool, and that the surfacing on the bottom of the pool made it difficult to see the bottom. The Court disagreed.
First, the Court stated that a homeowner does not assume responsibility for supervising children who are invited onto his or her property where the children’s parents are present and supervising or expected to be supervising the child. (Padilla v. Rodas (2008) 160 Cal.App.4th 742, 748-749, 73 Cal.Rptr.3d 114). Here, the decedent’s grandfather was tasked with watching the decedent and lost track of him at some point before he ultimately drowned.
As for premises liability, the Court stated the general rule that an owner of real property is “not the insurer of a visitor’s personal safety” (Ortega v. Kmart Corp . (2001) 26 Cal.4th 1200, 1206, 114 Cal.Rptr.2d 470, 36 P.3d 11). The Court had no evidence that any of the features of the pool were what caused the decedent to drown. The sound and color of the pool were normal conditions of pools. The Court concluded that “close and constant supervision is the only reliable method of keeping young, non-swimming children safe in an adult pool. Absent such supervision, no duty we could impose on pool owners would prevent similar tragedies from occurring.”
Outcomes such as the one in Taylor highlight that a homeowner can be protected if they do their due diligence, maintain the pool in proper condition, and ensure that there are others who are supervising those who cannot swim.
Protect Yourself and Your Guests
As demonstrated above, the factors that Courts consider when determining a homeowner’s liability for accidents occurring in their swimming pools depend on a myriad of circumstances and are never a guarantee. To minimize the risk of legal issues and ensure a safe and enjoyable summer, consider the following precautions:
- Install Safety Features: Ensure your pool area is equipped with proper fencing, self-closing gates, and/or pool alarms. Note, as of January 1, 2007, California Building Code 2109.4.4.2, requires that any permitted construction of a new swimming pool, spa, or any remodeling of an existing private pool requires at least 1 out of 7 drowning prevention measures. As demonstrated in Johnson, CBC 2109.4.4.2 sets a general expectation that homeowners comply even if the pool is not a new permitted construction or remodel.
- Regular Maintenance: Keep your pool and surrounding area well-maintained. This includes checking for any potential hazards such as slippery surfaces, tripping hazards, broken tiles, ease of access, or faulty pool equipment.
- Supervision is Key: Always have a responsible adult present to supervise pool activities, especially when children are involved. Consider hiring a professional lifeguard for larger gatherings.
- Educate Your Guests: Inform your guests about pool safety rules and ensure they understand the importance of following them. This can include prohibiting running near the pool, diving in shallow areas, and ensuring the proper use of pool equipment.
- Obtain Adequate Insurance: Review your homeowner’s insurance policy to ensure it covers potential pool-related accidents. Consider increasing your liability coverage or purchasing an umbrella policy for added protection.
- Emergency Preparedness: Have safety equipment like life rings and a first aid kit readily available.
By taking these precautions, you and your tenants can enjoy your pool parties with peace of mind, knowing you are reducing the risk of accidents and potential legal issues.
If you have any questions or need further assistance, please do not hesitate to contact our office. We are here to help you navigate these legal responsibilities and protect your rights as a homeowner.
At Bradley, Gmelich + Wellerstein LLP, we hope you stay safe and enjoy the summer!
Sarah Hacobian is an associate in the litigation team at Bradley, Gmelich + Wellerstein LLP. Her practice focuses on counseling clients and litigating civil and business matters. She represents clients in labor and employment, personal injury, complex litigation matters in the areas of real estate, contract, business practices, partnership disputes, and other commercial litigation cases.
Sarah previously practiced and clerked with other Los Angeles County law firms. Prior to law school, Sarah worked in real estate and marketing. She is a graduate of Whittier Law School where she was on the Dean’s List. She received her Bachelor of Arts degree in Political Science from University of California, Irvine. She is fluent in Armenian.