Cupertino, CA asked in Personal Injury and Wrongful Death for California

Q: is a California hoa responsible for wrongful death? An elderly man died in our HOA hot tub. The clubhouse attendant who

is paid until 10 pm daily and closes up the cabana and bathrooms. The attendant came to the hot tub at 9:54 pm. She said the 81 year old was exposed and left him in the hot tub. Even though he had his cane showing. i know him well and know he would have exposed himself.

The autopsy shows he died at midnight, 2 hours after the clubhouse attendant, left him in there. Would you consider this negligence and wrongful death. My retired HOA attorney, said it's wrongful death, however, he doesn't want to pursue because, he moved to reno and we live in a huge, 417 unit HOA in cupertino

2 Lawyer Answers

William John Light

Answered
  • Riverside, CA
  • Licensed in California

A: I don't know what "was exposed" means. He was naked? What does his "cane showing" mean? Why does any of that suggest that the attendant knew or should have known that the 81 year old was at risk of death?

Whether any of this adds up to wrongful death depends on a lot of factors that cannot be fully discussed on Justia. If you are interested in helping the family of the deceased, they need to consult with a knowledgeable wrongful death attorney. If you are interested in whether your HOA is going to have to pay, then you should make sue that the HOA's insurer is notified of the potential claim, and make sure that your HOA cooperates in its defense.

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed. How exposed was he?

the HOA could have "some" exposure....but certainly not 100%

as one gets older they are not supposed to spend much time in a hot tub.

he probably should have engaged the gent.

what city did this happen in? You need to contact a PI/Wrongful Death attorney for that city?

contact me and i will give you some names...........dale@dalegribowlaw.com

Theodore Allan Greene agrees with this answer

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