Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Are Owners Liable For Pool Accident Injuries to Young Trespassers?

July 21, 2016 by Michael Waks

personal injury lawyerPool owners know they need to ensure their pools are safe for invited guests.  But you may be surprised to find out the responsibility to avoid swimming pool injuries can extend to trespassers.  Under certain conditions, a pool owner can be held liable for injuries to someone who went into the pool without permission.  For instance, as a personal injury lawyer I have seen cases where children have wandered onto someone else’s property and drown in an unprotected pool.

Why Should Pool Owners Be Liable for Trespasser Injuries?

A pool is considered an attractive nuisance because it can entice children onto the property, and put them at risk. In the California case Werner v. Holton, the court explains when an owner is liable for harm to young children who trespass.  The case establishes that a property owner is responsible for injuries to child trespassers when:

  • The property owner knows the pool is there
  • The property owner knows children are likely to trespass to the property because of the pool
  • The pool causes unreasonable risk of death or serious harm to children
  • Children do not realize the risk because of their youth
  • The obligation of the owner to protect against injury on the property are minor, compared with the risk to young children who could be endangered

These rules make clear pool owners can be held accountable if they do not take proper precautions to protect even a trespassing child from being injured or drowning in their pool.

What Does CA Require Owners to Do to Prevent Trespasser Pool Accidents?

The California Swimming Pool Safety Act imposes very strict rules on swimming pool safety.  The California Department of Public Health provides details on this, and other laws, pertaining to public and private swimming pools.  The regulations are designed to prevent trespassers from suffering harm.

For example, pools have to be enclosed by walls, fences, portions of buildings, or other “approved durable enclosures.”  The enclosure has to be at last five feet high. There can not be holes or gaps greater than four inches in the enclosure.  The enclosure must be designed so children cannot readily climb it.

A swimming pool owner who fails to comply with safety regulations is presumed negligent and thus should be held liable for resulting injuries to children. 

Getting Help from a Long Beach Personal Injury Lawyer

Your Injuries are Personal to Me

If you or someone you love was hurt or drowned in a pool accident, you should understand your legal rights.  As an experienced Long Beach personal injury lawyer, I can help you determine if a pool owner can be held liable and made to compensate you for damages related to your injuries or a wrongful death.  I take your injuries personally.  I will handle every aspect of your case myself, to make sure you receive the maximum compensation you deserve.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to speak with a Long Beach personal injury attorney to learn how I can help you if you’ve suffered a pool accident injury.

You will be under no obligation and you will never pay any money unless you recover compensation for your losses.

#LongBeachPersonalInjuryLawyer, #SwimmingPoolAccidents

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

Website & SEO By Sutton Digital Marketing