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swimming pool gate false imprisonment?
A condo pool has a locking gate that requires an access card. The gate system is programmed to not allow entry or exit after 9:00 p.m. or before 9:00 a.m. So, if you don't get out in time in the evening, you will be locked in all night. The pool hours are clearly posted and the residents have been informed of the operation of the gate. Are there any legal implications associated with this (e.g., false imprisonment)?
4 Answers
- Nuff SedLv 71 decade agoFavorite Answer
Absolutely. It is a well known intentional tort and they could certainly be sued. Their only defense might be that they posted signs and that visitors "assumed the risk" of being locked in. If there are no signs and someone is injured or dies trying to escape, or the trap causes some other harm which could have been avoided by having the necessary emergency release, the condo would be in a world of hurt for all sorts of damages. It is probably also a violation of life safety code, fire code, building code, health code, local standards, common sense, among other things.
- 1 decade ago
False imprisonment? No.
The Condo Association might liable in Civil Court under some circumstances, like if a child got trapped in there and some how got hurt.
- 1 decade ago
False imprisonment would be a criminal charge, like kidnapping. I am not sure scenario falls into the criminal category, it would likely be charged in a Civil Court.
