Who Is Responsible For Your Child’s Swimming Pool Accident?

In general, property owners are obligated to keep their properties safe for anyone who might visit them. And should they have a swimming pool on their property, that obligation extends to the condition of the pool itself and almost anyone who might use it.

When it comes to swimming pools, property owners may be deemed liable for almost any personal injury involving someone who was allowed to enter the pool. This includes patrons who use a hotel’s pool while they’re staying there as well as guests who swim in the pools at private residences.  In either case, the property owner must, at a minimum, be in full compliance with all the applicable state and local laws and regulations concerning swimming pools, regularly inspect the pool and surrounding area, warn anyone who may use the pool of any known dangers, and fix any unsafe conditions within a reasonable period of time.

Swimming pools are almost always deemed to be an “attractive nuisance”.  This means, among other things, that a property owner’s liability for a pool-related accident – especially one involving a child – may even extend to trespassers on the property.

Pool-Related Personal Injuries

The most common types of pool-related personal injuries are as follows:

  • Drownings and other submission-related injuries;
  • Dive-related injuries;
  • Drain-related injuries; and
  • Slip-and-fall injuries.

Causes of Pool-Related Injuries

Many pool-related personal injuries are the result of one or more foreseeable circumstances, such as the following:

  • Inadequate Supervision: Whenever children are swimming, there should be an adequate number of adults on-site whose primary focus is to oversee the children. These adults should not be consuming alcoholic beverages or distracted by other activities.
  • Inadequate Fence/Barrier Around Pool: Although there are no federal laws regarding pool fencing, many states and local municipalities have developed their own laws and/or regulations.  In Florida, there is a pool fence statute that applies to public-use pools – and another, more recent one that sets fence requirements and standards for residential pools.
  • Faulty Swimming Pool Design Or Construction: A poorly designed – or poorly installed – swimming pool can result in a wide variety of injuries.  This is especially true with respect to the drainage system on a pool.
  • Rough-Housing & Rowdiness: Negligent or reckless behavior in and around pools can cause drownings and other serious injuries.  The person who is responsible for the pool must make clear that such behavior is dangerous – and ensure it does not occur.
  • Pool Toys: These can be fun to have at a pool but if they are used improperly, they can cause serious personal injuries.  Once again, the person who is responsible for the pool must make sure that all pool toys are used in a safe manner.

What To Do If Your Child Has Had A Swimming Pool Accident

If your child has been involved in a swimming pool accident, you may want to consult with an attorney who specializes in personal injury accidents involving swimming pools. To schedule a free case evaluation with one of our specialists, call Berkowitz & Myer at (727) 344-0123 today.

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