Who is Liable for Swimming Pool Injuries or Drowning in Florida?

It’s summertime in southern Florida, which means locals and tourists alike look to the water to escape the heat. This time of year, many residents flock to local pools to beat the heat and get a reprieve from the summer swelter. What happens, however, when a person sustains an injury when using a public pool? Who will be liable for any damages that result? The answer will depend largely on the circumstances, so speak with a Fort Lauderdale slip and fall lawyer as soon as you can.

Most Common Causes of Child Swimming Pool Accidents in Florida

Child swimming pool accidents can occur for a variety of reasons. However, they are often the result of:

Lack of Supervision

When children are swimming in a pool and there isn’t a trained lifeguard or trustworthy adult watching them, an accident is likely to arise. According to the Centers for Disease Control and Prevention, a child may drown in as little as five minutes when they are unsupervised near a pool. It’s important for children to always be supervised and/or for adults to be in the water with them.

No Anti-Entrapment Devices

The drains in swimming pools can be dangerous for young children. Therefore, federal law requires that all swimming pools have anti-entrapment devices installed to prevent the hair, clothing, and limbs of swimmers from being caught in the drainage system. Swimming without these devices can lead to fatalities.

Slippery Decks

While swimming pools themselves can be a hazard, the areas around them can pose a risk as well. Since most swimming pool decks are made of concrete, they can easily become slippery and cause slip and fall accidents when children are running around the pool.

A Matter of Premises Liability

Generally, a public pool will fall under the state laws governing premises liability. This subset of personal injury law holds that property owners must use a reasonable degree of care when opening their premises to invitees. This includes protecting invitees and guests from reasonably foreseeable hazards that might result from being on the property itself.

Essentially, a person looking to hire a Fort Lauderdale personal injury lawyer and file a claim for damages on the basis of premises liability must establish a few key elements, including:

  • The property owner owed you a duty of care. Generally, a property owner only owes a duty of care to invitees, not to trespassers. However, exceptions to this rule exist, especially for children. The attractive nuisance doctrine may apply to swimming pool accidents.
  • He or she knew, or should have known, about a defective or dangerous condition on the property, but did not correct it. Swimming pools have an inherent degree of risk, but property owners still have a duty to protect guests from hazards by monitoring chlorine levels, providing adequate supervision, and keeping a tall fence around the perimeter to protect it from interested children.
  • The property owner’s action or inaction led to your injuries.
  • Your injuries were foreseeable. This is one of the most important elements of a premises liability case. If a property owner could not reasonably foresee the possibility of your injury, then it may be difficult to establish negligence. This highlights the need for an attorney with experience with premises liability law.

Other Grounds for Swimming Pool Liability Claims

Additionally, a public swimming pool owner may be liable for your or a loved one’s injuries on grounds of negligent supervision. Most public pools have lifeguards charged with assuring the safety of pool goers and intervening when necessary to prevent drowning. If a lifeguard fails to prevent a reasonably foreseeable injury, the public pool may be liable for any damages that result.

Finally, babysitters, nannies, or other daycare workers may be responsible for any injuries a child incurs at a pool. Lifeguards can only provide so much supervision of a pool; a degree of personal responsibility exists for caregivers. If your child sustained an injury in a public pool under another person’s direct supervision, that caregiver might be liable for any damages that result.

The Attractive Nuisance Doctrine

Finally, another element that might come into play in swimming pool accidents is the attractive nuisance doctrine. Under this rule, public entities may still be liable for any injuries a child incurs in a pool, even if it results from trespassing. Under the attractive nuisance doctrine, anyone who has a feature on their property that might be attractive to children must take additional steps to protect it from trespassers. Pools, for example, must have a well-maintained, high fence that goes around the perimeter and has a locking gate. Failure to maintain this gate could be tantamount to negligence and establish liability in a swimming pool injury, even if a child was trespassing. If your child suffered an injury from sneaking into a pool, the owner might be liable under this doctrine.

In many instances, the owner of a public pool can be liable for any injuries you incur during its use. For further guidance, consult a personal injury attorney.

Contact a Florida Personal Injury Lawyer for Help Today

If your child has been injured or killed in a swimming pool accident, reach out to David I. Fuchs, Injury & Accident Lawyer, P.A. right away. It can be tragic when a fun activity like swimming leads to a disaster, and attorney David Fuchs is here to protect your legal rights. Reach out online to schedule a free, initial consultation of your case.

Client Testimonials

“…the settlement I received was much higher than anticipated”

Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

Sean O.
Google Review
“Not only did I get the medical attention I needed but I was compensated handsomely.”

It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

Giovanni G.
Google Review
“…they didn’t settle for anything and my boyfriend and I got what we deserved.”

I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

Sheila N.
Google Review
“Best lawyer in Broward County”
Evans P.
Google Review
“Mr. Fuchs and his staff were very helpful.”

I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

Velouse G.
Google Review
“Mr. Fuchs is one of the hardest working attorneys that I know.”

Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

Libby E.
Google Review
“I would definitely refer to this firm as the go-to Florida personal injury gurus.”

At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

Donna M.
Google Review
“They have a wonderful team.”

…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

Nicholas G.
Google Review
“My experience with David Fuchs was awesome.”

I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

Yvette W.
Google Review
“This is a great law office.”

The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

Jonathan Z.
Google Review
“Never did I imagine myself getting into an accident.”

It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

Sade P.
Google Review
“They helped tremendously!”

I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

A Boone
Google Review
“I highly recommend this man.”

A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

N. Hit
Google Review
“He was able to settle my case with little to no trouble and did so in a very professional manner.”

David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

Samantha D.
Google Review
“…all went good and successful. thank you so much for all your help.”

I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.

Karen G.
Google Review
“Very professional. Had no problems with communication”
Zuberi L.
Google Review
“He was there every time I called and got me a great settlement.”

I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

Joan K.
Google Review
“My settlement was fast, fair and professionally handled.”

Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

Willie M.
Google Review
“A+++++ recommended.”

I want to thank the office of David Fuch’s. A+++++ recommended.

J. Hernandez
Google Review
“I could not have asked for a better team by my side.”

They were very helpful. I could not have asked for a better team by my side.

S. Rodriguez
Google Review
“They got me my settlement pretty quickly and worked hard on my case for me.”

I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

Pastor D.
Google Review