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Pool Ownership Comes With Responsibility

August 31, 2016 | Category: Personal Injury, Swimming Accidents | Share

Nothing may be more refreshing than jumping into a pool for Floridians. However, pools are a big responsibility for homeowners and can be deadly for a child. 

More than 280 children under the age of 5 drown every year in pools, according to the U.S. Consumer Product Safety Commission (CPSC). The CPSC reports most children die when an adult loses track of the child when they are at the pool together, but one out of every 10 child pool drowning happens after the child figures out how to get through the pool fence, according to NBC News

If they want to get there, children can climb out a window, through a dog door, or sneak out a door to get to the back yard and the pool. To prevent small children from entering the pool area on their own, there must be a fence that completely surrounds the pool or spa. The fence, according to healthychildren.org, should: 

  • Be climb-resistant and should not have anything alongside it (such as lawn furniture) that can be used to climb it.
  • Be at least 4 feet high and have no footholds or handholds that could help a child climb it.
  • Have no more than 4 inches between vertical slats. Chain-link fences are very easy to climb and are not recommended as pool fences. If they must be used, the diamond shape should not be bigger than 1¾ inches.
  • Have a gate that is well maintained and is self-closing and self-latching. It should only open away from the pool. The latches should be higher than a child can reach; 54 inches from the bottom of the gate.
  • For above-ground pools always keep children away from steps or ladders. When the pool is not in use, lock or remove the ladders to prevent access by children. 

Under Florida Law, homeowners can be held liable for failing to take adequate safety measures to protect those using their pools and making sure that the pool area is safe for use. 

While barriers can prevent some accidental drowning, the best way to protect your child is to teach them how to swim, according to the American Red Cross. Every child is different; so enroll children in swim lessons when they are ready. Consider their age, development and how often they are around water. If you have any doubt, call the American Red Cross directly. 

The American Red Cross suggests owners make pool safety their priority by following these guidelines:                  

  • Secure your pool with appropriate barriers. Completely surround your pool with a 4-feet high fence or barrier with a self-closing, self-latching gate. Place a safety cover on the pool or hot tub when not in use and remove any ladders or steps used for access. Consider installing a pool alarm that goes off if anyone enters the pool. 
  • Keep children under active supervision at all times. Stay in arm’s reach of young kids. Designate a responsible person to watch the water when people are in the pool—never allow anyone to swim alone. Have young or inexperienced swimmers wear a U.S. Coast Guard-approved life jacket. 
  • Ensure everyone in the home knows how to swim well by enrolling them in age-appropriate water orientation and learn-to-swim courses from the Red Cross. 
  • Keep your pool or hot tub water clean and clear. Maintain proper chemical levels, circulation and filtration. Regularly test and adjust the chemical levels to minimize the risk of earaches, rashes or more serious diseases. 
  • Establish and enforce rules and safe behaviors, such as “no diving,” “stay away from drain covers,” “swim with a buddy” and “walk please.” 
  • Ensure everyone in the home knows how to respond to aquatic emergencies by having appropriate safety equipment and taking water safety, first aid and CPR courses from the Red Cross. 

“If you believe that you or a loved one has been harmed by a pool that was kept in an unsafe condition or that did not have appropriate safety features, contact the experienced personal injury lawyers at Spivey Law Firm, Personal Injury Attorneys P.A.,” said Naples Swimming Pool Accident Attorney, Randall Spivey.

 

 

Naples Swimming Pool Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 23

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