Man seriously injured during illegal ‘pool squat’ sues owners in France
Now paralysed from the neck down, the man reportedly claims the accident was due to owner negligence
Even if a person was acting illegally an owner can be sued if an accident happened as a result of 'owner negligence' (image for illustration only)
Ursula Page/Shutterstock
A man who was seriously injured while using a pool that he was illegally squatting in France is reportedly suing the pool’s owners for damages.
Crédit Agricole Immobilier, which mangages the communal apartment block where the pool is located - has reportedly discovered this to its detriment, after a squatter in the pool had an accident, and became tetraplegic (paralysed from the neck down) as a result.
The injured squatter is now said to be suing the owner for damages, claiming that the accident happened as a result of owner negligence, said one of the co-owners in the block, Alexandra, in a report by BFMTV.
The case would, if it went to trial, possibly hinge on a particular article - number 1244 - of the Code Civil, which was recently affirmed by the Conseil Constitutionnel, France’s highest constitutional authority.
The article states that “the owner of a building is liable for the damage caused…when this is the result of a lack of maintenance or a defect in its construction”.
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This also applies to swimming pools, and all users thereof - even if they are using the pool illegally, without permission (‘squatting’ it).
“This type of case has to be judged ‘on a case-by-case basis’,” said property lawyer Romain Rossi-Landi to Le Figaro.
“To avoid having to pay the squatter, the owner (or the co-ownership) will have to show that the property was in good condition before the squatting, or that it was prevented by the squatter from fulfilling its maintenance obligation,” said Mr Rossi-Landi.
The owner will have to show proof (photos, invoices for update work, etc.) of the pool’s regular maintenance to successfully argue the case.
Read also: I have a second home in France, what should I do if squatters get in?
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What is pool squatting?
Pool squatting happens in summer when temperatures climb, prompting unscrupulous people who do not have their own pools to illegally access and use those of others.
This can last as long as a single swim, but some owners are unlucky enough to have squatters who throw pool parties and upset the neighbours or worse.
There have been almost 140 complaints about illegal pool squatting since the start of the summer for the city of Toulouse alone, reported TF1.
However, squatters also risk their own consequences, including a possible prison sentence and a fine of up to €45,000 for trespassing on private property.
