Randall Spivey
In Florida and elsewhere, swimming pools (and the immediate area around such pools) must be maintained in a reasonably safe condition for users and visitors. Failure to do so — which then results in injury — may lead to liability under Florida law. Pool owners can avoid exposure to damage liability by implementing various safety measures to minimize the risk of injury to others. Consider the following safety tips.
Pools can be dangerous to those who do not know how to properly swim. There may also be situations where others simply do not have the physical capacity to swim in the pool in a safe manner.
For example, though someone may be a poor swimmer, they may be capable of handling themselves in a reasonably safe manner in and around a pool. If they are particularly exhausted, however, they may not be able to swim in the pool safely.
Barriers can help ensure that those who are intoxicated, exhausted or otherwise rendered incapable of swimming are prevented from engaging in an unsafe manner with the pool and its immediate area. Erecting barriers (and perhaps implementing alarms that set off at certain times) is a great way to minimize the risk of injury to those who are simply not equipped to move safely around the pool.
Children generally require supervision around pools, particularly young children. According to reports by the Center for Disease Control and Prevention, about one in five people who die from drowning are children who are 14 years old and younger, with children ages 1 to 4 demonstrating the highest drowning rates. One-third of unintentional fatalities for children ages 1 to 4 resulted from drowning.
When there are children in and around a pool, the owner must make reasonable efforts to supervise them — even if the owner believes that the children are capable of handling themselves and are effective swimmers in their own right. Failure to properly supervise children near the pool could lead to liability in the event of an injury.
Failure to maintain water quality (through proper filtration, water replacement, and the use of cleaning chemicals) can result in the spread of water-borne contagions and illness. If users of a swimming pool are not aware of the below-par water quality and subsequently contract a serious infection, for example, then the owner may be held liable. Pool owners can ensure that they are maintaining safe water quality by regularly testing the water.
Pool owners have the power to discourage risky behaviors in and around the pool by implementing and enforcing certain common-sense rules. If a pool owner is aware that users are likely to engage in high-risk behaviors, but fails to warn or otherwise prevent such behavior, then they could potentially be held liable for the resultant injuries.
For example, suppose that a pool is shallow. Though the pool owner did not install a diving board (so as to discourage diving), many users still dive into the pool, thus risking injury. Users may not be fully aware that the pool is too shallow for safe diving. The owner can minimize their exposure to liability by enforcing “no diving” rules around the pool. If someone then chooses to dive and injures themselves, the liability for such injury will likely not attach to the pool owner.
If you have been injured in a pool-related accident — whether in a slip-and-fall scenario, or in some other type of accident —Florida law may give you the right to sue the pool owner and recover damages. Effective litigation of a premises liability claim involving a pool requires the skillset of an experienced injury attorney. Contact a skilled personal injury lawyer today for help if you believe you have a claim. An attorney can help you determine your legal rights and options under the law.
The Spivey Law Firm, Personal Injury Attorneys, P.A., is a personal injury law firm dedicated to representing people and their families who have suffered from injury or death caused by the fault of...
