Authorities have identified the 5-year-old victim of the pool drowning accident last Father’s Day in Rolando Drive, San Diego as Nicholas Joseph Norman.
According to reports, Norman was found face down in the neighbor’s pool in the vicinity of Loma Alta Drive at about 7am.
Responding paramedics were not able to revive the boy and he was pronounced dead after being brought to Grossmont Hospital.
It is unclear yet how the boy got into the pool or who is supposed to be watching him.
It is also unclear if the neighbor’s pool is compliant to California law standards.
Under the state law since January 1998, all pools constructed in a private home should meet at least one of the following:
• Isolated from access from the home by an enclosure
• Has an approved safety pool cover
• Home has exit alarms on doors with access to the pool
• Self latching doors that prevent access to the pool
So if the neighbor failed to implement any of the measures listed above, even if the child has entered the premises without consent, he can still be held liable for the death.
The reason is that premises liability law considers children special types of trespassers as they recognize that good judgment also comes with age.
So if Norman’s family can prove that the owner failed to keep his pool safe for possible child trespassers then he will lose the case and will have to pay damages to the family.
According to reports, Norman was found face down in the neighbor’s pool in the vicinity of Loma Alta Drive at about 7am.
Responding paramedics were not able to revive the boy and he was pronounced dead after being brought to Grossmont Hospital.
It is unclear yet how the boy got into the pool or who is supposed to be watching him.
It is also unclear if the neighbor’s pool is compliant to California law standards.
Under the state law since January 1998, all pools constructed in a private home should meet at least one of the following:
• Isolated from access from the home by an enclosure
• Has an approved safety pool cover
• Home has exit alarms on doors with access to the pool
• Self latching doors that prevent access to the pool
So if the neighbor failed to implement any of the measures listed above, even if the child has entered the premises without consent, he can still be held liable for the death.
The reason is that premises liability law considers children special types of trespassers as they recognize that good judgment also comes with age.
So if Norman’s family can prove that the owner failed to keep his pool safe for possible child trespassers then he will lose the case and will have to pay damages to the family.
