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Can Parents Sue the Pool Owner if They Were There When an Accident Happened?


Swimming pool accidents are unfortunately quite common, especially in Florida, and are devastating to parents, who often become lost in grief and guilt. These types of child accidents often leave the child dead or seriously physically and mentally impaired.

If your child has been killed or seriously injured in a swimming pool accident, contact an experienced Florida personal injury lawyer at Searcy Denney. We understand the pain, guilt, and grief you’re experiencing and will treat you with compassion and respect and treat your insurance and/or legal claims with efficiency.

Where do Swimming Pool Accidents Occur?

Although swimming pool accidents can and do occur at private places such as homes, many such accidents occur in public places, including:

  • Apartments
  • Condominiums
  • Homeowners/Property Owners Association Clubhouses
  • Motels, Hotels, Resorts & Lodges
  • Day Care Facilities
  • Mobile Home Park Swimming Pools
  • Amusement Parks  
  • Camps
  • Golf & Country Clubs
  • Health/Day Spas
  • Schools

Common causes include drain entrapment, too much time in a whirlpool or spa, diving boards, and, of course, lack of proper fencing and gating.

Liability for Swimming Pool Accidents

There are an estimated 1.1 million swimming pools in Florida. While most property owners take the necessary safety precautions when installing a swimming pool, swimming pools still present a significant danger, especially to intoxicated adults and, more tragically, children.

Because of their popularity, there are a high number of personal injury and wrongful death claims based on swimming pool accidents in Florida. Aware that drowning is the leading cause of death among Florida children, lawmakers passed the Residential Swimming Pool Safety Act (RSPSA).

The RSPSA requires that all swimming pools in Florida have at least one of the following safety features:

  • An approved safety cover,
  • A fence at least four feet tall and not easily opened or climbed over,
  • Exit alarms on all doors and windows, or
  • Latches at 54 inches or higher on all exterior doors that lead directly to the swimming pool.

If a pool owner violates the RSPSA, they can be charged with a criminal offense. If someone is seriously injured or dies as a result of a property owner’s failure to meet the safety requirements, the pool owner may be subject to a personal injury lawsuit, and, in some cases, a pool owner may be considered negligent per se.

However, a parent who fails to supervise their own child may also be considered partially at fault under Florida’s comparative negligence rules. Under this legal theory, a partially at-fault plaintiff may still be able to recover for their injuries, but their own percentage of fault will reduce their recovery amount.

Contact a Florida Personal Injury Lawyer if You or a Loved One Has Suffered Injuries From a Swimming Pool Accident in Florida

Swimming pool accidents are devastating for the survivors, especially if the victim was a child. Contact a Florida personal injury lawyer at Searcy Denney for a free consultation. We’ll handle your claims so that you are free to attend to injuries or grieve appropriately.  We work on a contingency fee basis.

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