Los Angeles Injury Lawyer Blog

A Granada Hills, CA homeowner found relief today when a Los Angeles 2nd District Court of Appeals judge found them not liable for the death of a 2-year old child that drowned in her backyard pool. The court held that the homeowners did not assume a joint duty to supervise the child when they invited the child and his mother to their home. Although the premises liability doctrine often holds homeowners responsible for injury that occurs on their property, particularly when a swimming pool is involved, the court found that the presence of the mother on the same property negated any duty by the homeowners to watch over the child.

While staying as guests of the homeowners, the mother and homeowner of the house were watching the victim and his older cousins playing in the home’s driveway. Shortly before the accident, the homeowner received a call on the phone and walked away to answer it, leaving the mother to supervise the children. A little while after, the mother went inside to get a class of water and asked the older children, aged 7 and 9 years old, to watch her son. When she returned, her son was missing. After searching the house, the child was found drowned in the backyard swimming pool.

The LA appellate court found that the homeowner owed no duty to supervise the child where the mother was present. It found that it was not reasonably foreseeable for the homeowner to know that the mother would leave her child unattended outside. In addition, the mother knew that the owner had left the area to take a phone call. Imposing such a duty on homeowners would constitute an unreasonable burden on social and family relationship that the court was not willing to do. Furthermore, in response to an argument of premises liability, the mother could not establish sufficient evidence that the child entered the pool area through an unlocked gate when there were two entry points to the pool.

Although the homeowners were not found liable in this case, owners with backyard swimming pools should always exercise care to minimize the risk of pool-related accidents. Suggested safe practices involving swimming pools include:

• Properly enclosing the pool with a fence or barrier at least 5 feet tall


• Making sure the fence gaps are not more than 4 inches wide to prevent small children from squeezing through


• Clearing the area around the pool of loose objects that could be used to climb over the fence


• Making the entry and exit gates into the pool self-latching (and even lockable) to prevent unsupervised entry


• Equipping pools with an audible alarm that can be deactivated with a code


• Constantly supervising swimmers by an adult who can swim and perform CPR techniques

If you or a loved one has been injured or suffered a wrongful death related to a pool accident, you may be entitled to compensation. The trial attorneys at the Law Offices of Greenberg & Rudman LLP are here to help. Although they do not have the power to undo an injury or bring back a loved one, they can help you recover for your injuries and suffering. Call for a complimentary consultation in California at 1-800-ALAWPRO (1-800-252-9776).