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What Are Pool Owners' Responsibilities?

May 13, 2019 | Category: Child Injuries, Swimming Accidents | Share

Swimming is a way of life in Florida. When purchasing a home, one of the first things buyers ask is whether the residence has a pool, because pools often provide hours of family fun. However, pools also come with responsibilities.

What Are Pool Owners' Responsibilities? Spivey LawIn 2018, 88 children died in Florida from drowning accidents. As we approach the first anniversary of the drowning of Bode Miller’s 19-month-old daughter in a friend’s pool in 2018, he and his wife told the NBC Today show on April 25, 2019 that they want everyone to know how dangerous pools are for children who do not know how to swim.

USA Today reported in March 2018, “Drowning deaths or near-drowning injuries can take only a few minutes to occur. For every child who drowns, only three receive emergency medical care. Possible injuries related to near-drowning include brain damage that ranges from learning disabilities to a permanent vegetative state.”

It is a pool owner’s responsibility to be sure a pool is safe for children and other non-swimmers. The Florida Residential Swimming Pool Safety Act was enacted because the Florida legislature found that drowning is the leading cause of death of young children in the state and is also a significant cause of death for medically frail elderly persons. When there are lapses in supervision, the Legislature felt that a pool safety feature designed to deny, delay, or detect unsupervised entry to a pool, spa or hot tub will reduce drowning and near-drowning incidents.

The Florida Residential Swimming Pool Safety Act requires Floridians to choose at least one of four safety measures when they install a pool, spa or hot tub.

  1. One of the viable safety measures is a barrier that isolates the pool from the home, which could be a fence or a wall, or a combination of both, that surrounds the pool. The barrier should prevent access to the swimming pool from the residence or from the yard. It must be at least 4 feet high.
  2. Another approved safety measure is a pool cover that’s either manual-operated or power-operated and meets the standards of the American Society for Testing and Materials.
  3. Or, Floridians with pools can have an exit alarm equipped on all doors and windows that have direct access to the pool. Under the law, the alarm must make an audible, continuous alarm sound any time a door or window that allows direct access from the residence to the pool area is opened or left ajar.
  4. The final safety precaution that’s allowed under Florida law is a self-closing, self-latching device on all doors and gates that provide direct access to the residential pool.

“If you or a loved one has been injured because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. We have the legal experience to assist you, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers Child Injuries Attorney Randall Spivey.


Fort Myers Child Injuries 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  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, Charlotte County at 941.764.7748 and in Collier County 239.793.7748.



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