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Holding a Property Owner Liable for Swimming Pool Injuries

September 10, 2019 | Category: Personal Injury, Swimming Accidents | Share

If you or a loved one has been injured in a swimming pool accident, Florida law may entitle you to compensation. Contact Attorney Randall Spivey at our Fort Myers accident law firm to learn more about your rights and what you can do to empower yourself under the law.

How does swimming pool accident liability work?  Consider the following.

The Basics of Liability

In Florida, property owners have a duty to ensure that their property is in a reasonably safe condition. For example, stairs must be inspected to ensure that they are not “broken,” and if they are, then they must be repaired.

In the context of swimming pools, the property owner’s duties are quite comprehensive.  For instance, a property owner must avoid the creation of an attractive nuisance. More specifically, pool owners must prevent the possibility of having unsupervised children enter the pool if they know (or should know) that there is a risk of such behavior. A property owner must also warn those entering the premises of any potential hazards that are not obvious. If the pool has a shallow area that is not visible, that must also be disclosed.  If such hazards exist and adequate notice/warning is not given, then the property owner could be held liable.

Depending on the circumstances, the property owner may also be required to provide supervision for swimmers.  If the property owner knows or should know that there are children in the pool, then they must ensure that those children are being properly supervised. If not, they can face liability in the event of an injury or drowning.

The Residential Swimming Pool Safety Act

In Florida, the Residential Swimming Pool Safety Act (RSPSA) gives plaintiffs a substantial advantage in litigation. It requires property owners to implement various pool safety measures, particularly for pools built after October 1, 2000.  All swimming pools, spas, and hot tubs must feature at least one of the following safety features:

  • The pool must be isolated from access to a home by an enclosure that meets barrier requirements
  • The pool must be equipped with an approved safety pool cover
  • All doors and windows providing direct access from the home to the pool must be equipped with exit alarms that meet a minimum sound pressure rating
  • All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism in place.

Failure to implement one of the aforementioned safety measures will qualify as automatic negligence under the law (“negligence per se”) and potentially expose the owner to liability for your injuries.  It is important to note that to successfully impose civil liability in accordance with  the RSPSA, the failure to implement such safety measures must be causally linked to your injuries.

Additionally, it is worth noting that even if the property owner implements a number of these (or other) safety features, that does not shield them from all avenues of personal injury liability.  If the owner uses an approved pool cover but installs slick tiles that look “grippy,” they could still be held liable for negligence if you slip and fall and injure yourself.

Contact Our Fort Myers Accident Law Firm for a Free Consultation

At Spivey Law Firm, Personal Injury Attorneys, P.A., our team has spent several decades representing the interests of those who have suffered injuries in a swimming pool accident occurring on another’s property.  In Florida, prospective plaintiffs have a number of protections under the law through which they can pursue litigation to secure the compensation they deserve.

Unlike many of our personal injury competitors, our litigators have demonstrated experience in the courtroom.  This capability gives us a significant advantage. Opposing counsel has to legitimately consider the possibility of litigation (i.e., the expense, publicity, and effort) and therefore treat our client’s arguments more fairly.  We often find that our reputation, alongside our thorough claim development, helps to pressure defendants into making a favorable settlement offer.

Ready to move forward?  Call Attorney Randall Spivey at 239-337-7483 or complete an intake form through our website to schedule a free and confidential consultation at our Fort Myers accident law firm today.

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Fort Myers, Florida 33912

(239) 337-7483

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