What are the typical defenses used by swimming pool owners in a swimming pool accident case?

Swimming pool owners in California typically use several defenses in a swimming pool accident case. The first one that may be used is the assumption of risk, which is when the injured party has assumed the risk of injury by voluntarily using the swimming pool and knowing the risks involved. Other defenses may include lack of duty of care, which is when a swimming pool owner has not taken reasonable care to make the pool safe, such as not having a lifeguard or not having proper safety equipment. The attractive nuisance doctrine may also be a defense used by swimming pool owners, which states that a child cannot be held responsible for injuries caused by a swimming pool if the child was lured onto the property due to the dangerous condition. Negligence of the plaintiff, also known as contributory negligence, may be a defense used if the person injured was unreasonably careless or disregarded warnings and instructions given. Lastly, the swimming pool owner may claim that the injury was caused by an intervening event outside the control of the owner, such as a power outage, or that the accident was due to an act of God. These are the most common defenses used by swimming pool owners in a swimming pool accident case in California. However, each case is unique and the legal advice of an attorney will be needed to evaluate the merits of the case and determine which ones may be effective for the individual situation.

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What are the typical defenses used by swimming pool owners in a swimming pool accident case?

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