Florida abounds with swimming pools in homes, public parks, and resorts. They offer recreation and fitness, but they also pose the danger of injury and drowning.
Swimming Pool Accidents
Liability for swimming pool accidents
Determining who may be liable for a swimming pool injury can be difficult. Any time a person, organization, or business owes a duty to maintain a safe swimming environment or monitor the safety of swimmers and fails to meet that duty, the responsible party can be liable for negligence if an injury occurs. A plaintiff could make a claim for negligence against a lifeguard or pool manager if poor supervision of a pool area led to an injury. Improper maintenance of a pool area, such as failure to keep a diving board or other piece of equipment in good repair, could also give rise to a negligence claim.
Manufacturers or installers of parts or materials in a swimming pool could also be liable for damages under the theory of products liability if their materials are defective, poorly-designed, or poorly-installed. Defective pool drains, for example, can cause catastrophic injury to someone caught while it is draining. Poorly-installed pool materials can crack or come loose in the water and injure swimmers or divers. People injured because of such a defect may have a claim for damages.
Owners of property where a pool is located could be liable to people injured in the pool if the injury resulted from a dangerous condition in or near the pool. This could include a homeowner or a hotel or resort. Conditions could include unrepaired damages or poorly-maintained premises that cause people to slip and fall, or suffer an injury in the water. Property owners who fail to secure a pool, such as with a fence or gate, could be liable for injuries suffered by children, even if the children entered the pool without permission. This is often known as the “attractive nuisance” rule.