If you own rental property with a swimming pool, the February 25 decision in Johnson v. Prasad, suggests caution. In that case, the pool was constructed well before California’s Swimming Pool Safety Act took effect. When the landlord purchased the property, the pool was already installed and he never remodeled or improved it. When the tenant’s four year old guest drowned, the court ruled the landlord could be responsible. The court reasoned that failure to install updated self-closing gates or related safety mechanisms (as the Act later required) created a danger the landlord had a duty to avoid.
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