California Court of Appeal

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Johnson v. Prasad, C073052

In a wrongful death negligence action arising out of the drowning of a four year old child, summary judgment for defendant-homeowners is reversed and remanded, where: 1) as a matter of law defendant-homeowners here, who knowingly rented a home with a maintained pool, owed a duty of reasonable care to the four-year-old boy to protect him from drowning in the pool; and 2) there are triable issues of fact as to, a) whether defendant-homeowners breached that duty by failing to install a fence around the perimeter of the pool or a self-closing or self-latching mechanism on the only door leading from the house to the pool, and b) whether any such breach was a substantial factor in bringing about the child's death.

Appellate Information

  • Decided 02/25/2014
  • Published 02/25/2014

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel