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Teen paralyzed in private pool break-in sues French property

Vinson

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Nov 24, 2023
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The sign of the times


A legal battle launched in France has reached seemingly improbable depths after a man who broke into a private complex for a swim wound up breaking his back and suing the apartment’s management company.

The man, who was 18 years old at the time of the incident in 2022, was taking part in a dangerous “pool squatting” challenge, which involves accessing a stranger’s pool.

He became paralyzed from the neck down after a botched dive in Toulouse, France, the U.K. Daily Mail reported. The man is now suing for negligence, claiming the owners are still responsible for ensuring the pool’s upkeep under the French civil code.

“When damage occurs on their property, in this case a swimming pool, the owners must answer to the damage that is caused to the people who injure themselves, even if they entered illegally,” French lawyer Fabien Gaillard told BFM TV, per the Daily Mail.

The property owners said they told the teen to leave and that a sign at the pool entrance showed the depth at each end.

“We’re completely at a loss,” Alexandra, one of the owners of the property, told La Depeche. “We feel sorry for this young man who hurt himself and shattered his life at the age of 18, but he knew not to jump there and he had no business being there.”

The property owners said this wasn’t the first time people had broken into the private pool complex. They said it has happened each year at the pool, which opened six years ago.

Anthony, a witness, told La Depeche that he had seen the teenager and his friends “jumping around like idiots” before the incident.

Pool squatting is illegal; however, squatters are still afforded certain rights under French law.

Article 1244 of the French civil code, the heavily revised descendent of Napoleon’s original 1804 Code, stipulates that owners are responsible for damage, or injury, that occurs in their homes due to neglect, even when someone enters illegally.

Owners must regularly document that a pool is well maintained.

The Daily Mail reported that in 2022 police were reported to be receiving about 10 to 15 calls a day from people reporting strangers invading other people’s swimming pools.

 
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Vinson

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So what was the neglect on the part of the owners????? There are signs, he was kicked out already. What more are the owners expected to do so they are compliant with this law???? Makes no sense.
I don't know it sounds crazy, if the ends were marked, they did nothing wrong.
 
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NotADcotor

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Mar 8, 2017
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This is nucking futs.
Regardless of what French Ape Law says, I am sure Dr Zaius would agree that if he gets a settlement, that is not justice.
 

wiskey bravo

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So what was the neglect on the part of the owners????? There are signs, he was kicked out already. What more are the owners expected to do so they are compliant with this law???? Makes no sense.
It's mind bongling how this can even be entained in court eh? Basically the only way to avoid a law suit is to not have a swimming pool. Whoever created this law that protects the traspasser should not be in the business of law. The legal system is so outdated and behind the times in many departments. I'm sure there's theifs that take advantage of this protection and earn a little living off this. Kinda similar to those who don't pay landyards beacause they know how to milk the system. Same camp of people. But yea turn your head the other way J. Seeing this BS makes my blood boil. Alright I need my happy place right now.... naked female bodies.
 
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Valcazar

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Trying to find actual detail here.
It seems the law is that if you have an outdoor pool, you have to maintain it?
So the lawsuit is about how they failed to do that - not "trespassers have to have access to your pool".
 

Robert Mugabe

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Nov 5, 2017
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Trying to find actual detail here.
It seems the law is that if you have an outdoor pool, you have to maintain it?
So the lawsuit is about how they failed to do that - not "trespassers have to have access to your pool".
 
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