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teen paralyzed in private pool break-in sues french property
a legal battle launched in france has reached seemingly...
aug 22 2024
2 minute read
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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.”
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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.
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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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