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How to Navigate a Pool Drowning Case in Florida


two lifeguard stand and rescue in body

Swimming pool drownings are among the leading causes of unintentional deaths of kids in Florida. For every person who dies in a swimming pool drowning, five are seriously injured and rushed to the emergency unit.

Survivors of swimming pool drownings may suffer from brain damage, among other injuries. When the pool has excess cleaning agents and other chemicals like chlorine, swimmers are prone to an array of fatal reactions. 

Similarly, when there is a shortage of these chemicals in the pool, swimmers become vulnerable to a pool of bacteria. Excess or shortage of these chemicals could affect swimmers. 

Though a personal injury lawyer may handle a swimming pool drowning case, it is best to hire a professional pool drowning lawyer.

Requirements for Public Pools in Florida

Pool safety rules are fundamental, and in premises liability cases like these, you do not want to neglect any of the rules. Neglecting the rules is, by implication, a violation of the law. Negligence on the property owner’s part is one of the underlying causes of swimming pool drownings

The victim of a swimming pool drowning must acknowledge that negligence is the substantial cause of the damages.

In some cases, violation of the law is far from the cause of drowning. It does, however, establish ignorance and carelessness. For instance, suppose an individual drowns in a swimming pool containing dirt; the dirty water in the pool is a legal violation but is not the cause of the drowning. It often points to the owner as negligent as they hold no regard for the law and has little or no concern for the safety of the pool.

Most swimming pool drowning in Florida happens at hotels, apartment pools, and other pools situated in public spaces. Under the law of the state of Florida, these pools are considered to be public pools. There must be a certain level of chemicals in the pool, and lifesaving equipment must always be accessible.

In addition, warning signs like No Lifeguard on Duty or No Unattended Children tend to stir the case in different directions. A popular myth insists these signs are not an immunization for the property owner, but this has never been the case. 

The signs make it easier for the assumption of the risk defense to stand. However, this only applies if the victim voluntarily assumes the risk, which means the victim must have seen the sign, read and understood it, and consent to the responsibility of personal safety despite being aware of the danger involved in the activity.

Assumption of risk defense is widespread in lawsuits involving negligence. This type of defense is utilized when the plaintiff voluntarily assumes the risk of injury involved in the activity connected to the defendant’s negligence.

Requirement for Private Pools in Florida

The Sunshine State has one of the strictest rules in the United States for pools on private properties. There is a minimum requirement you must meet to own a private pool in the state of Florida. According to the Residential Swimming Pool Safety Act of Florida, a residential swimming pool must have the following primary requirements.

  • Water alarm.
  • Alarms on the doors and windows that lead to the pool.
  • Swimming pool safety cover.
  • An approved and appropriate barrier or barricade.

The fence surrounding the pool must have a gate at least 4ft high, no gaps or spaces in between, and is at a distance from the pool. In addition, the gate must feature a self-latching hinge at least 4½ft above the ground and be situated at the pool side of the fence.

Special Cases for Children in Swimming Pool Drowning in Florida 

Ideally, the property owner should take responsibility if the victim was a guest. However, this rule does not hold if the child is trespassing. The rule only applies under the following conditions:

  • If the owner is aware of the danger.
  • If the property is located where children will likely trespass.
  • If the danger causes significant harm or damage to the affected child.
  • If the child is too young to acknowledge the risk involved.
  • If the danger posed to the victim is more than the burden of eliminating it.
  • If the property owner is careless.

Schrier Law Group 

Attractive nuisance cases in the state of Florida can be very complicated. It gets more complicated when it involves swimming pool drowning. You may need a professional and experienced pool drowning lawyer to get fair compensation. Get in touch with our award winning law firm for a free consultation regarding your pool drowning case.