A man who became paralysed from the neck down after using a pool he was illegally squatting in is reportedly suing the pool’s owner in France, claiming negligence.
The incident occurred in a communal apartment complex in Toulouse, where Crédit Agricole Immobilier, the company managing the property, owns the pool.
The squatter, who was aged just 18 at the time of the incident sustained life-altering injuries that left him tetraplegic, is now seeking damages, alleging that the accident was due to the owner’s failure to maintain the pool properly.
According to Alexandra, one of the co-owners in the apartment block who spoke to *Le Figaro*, the man’s legal case could hinge on Article 1244 of the French Civil Code. This article, recently upheld by the Conseil Constitutionnel, stipulates that a property owner is liable for damage caused by poor maintenance or construction defects. This liability extends to all users of the property, including those using it without permission, such as squatters.
Property lawyer Romain Rossi-Landi told *Le Figaro that cases like this are judged individually. To avoid liability, the property owner would need to demonstrate that the pool was well-maintained prior to the squatting incident, or that the squatter’s actions prevented proper upkeep. This could involve providing evidence such as photos or maintenance records.
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What is Pool Squatting?
Pool squatting is a phenomenon that occurs during the summer months when high temperatures drive some individuals to illegally access and use private pools. While some instances are brief, others involve squatters hosting disruptive pool parties that disturb neighbours.
In Toulouse alone, there have been nearly 140 complaints of illegal pool squatting since the beginning of the summer, according to TF1. Squatters risk facing severe consequences, including potential imprisonment and fines of up to €45,000 for trespassing on private property.
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