Legal Question in Landlord & Tenant Law in California

Homeowner Liability

My friend owns a house with a pool in California and is renting it to tenants. The tenants boy fell in the pool and drowned. Is my friend held liable and to what extent?


Asked on 4/14/09, 3:21 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Homeowner Liability

He should consult a lawyer right away. He may call me for a consultation. If he hesitates contacting an attorney, he may make a mistake that may lose him the case before it is even filed.

Best,

Daniel Bakondi, Esq.

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 4/14/09, 3:41 pm
David Gibbs The Gibbs Law Firm, APC

Re: Homeowner Liability

Let me first say how sorry I am for your friend that this happened. Even though it was not his child, to have this happen at his/her home is a terrible thing. With respect to the liability issue, yes, s/he could have exposure to the boy's family. I agree with Attorney Bakondi in that s/he needs to consult with an attorney right away to be careful how he proceeds (so as not to risk saying or doing something that will increase his exposure). S/He also needs to consider contacting his insurance company. Hopefully, he had a casualty and liability policy for the property. The insurance company might assign him counsel and pay for it if they determine it is a coverable event. Have him/her contact an attorney right away.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/14/09, 4:39 pm
Scott Linden Scott H. Linden, Esq.

Re: Homeowner Liability

It depends on the lease and if your friend has the required fencing around the pool.

Your friend needs to consult counsel ASAP to provide additional details so they can determine liability.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 4/14/09, 5:18 pm


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