According to recent reports from the National Safety Council and the American Institute for Preventive Medicine, there are over 4,000 drowning deaths in the United States on an annual basis, with a high percentage linked to residential pools, spas, and other recreational water options. Many drowning-related events do not lead to death, but instead may give rise to a serious injury. In both cases — injuries and fatalities —, children are at greater risk than adults.
However, pools do not simply pose a drowning hazard. Depending on the design and maintenance of the pool (and surrounding walkways), they could expose users to a significant risk of slip-and-fall injuries.
Given these risks, pool owners must be careful to comply with the duties expected of them under the law. If you or your child has been injured in a pool-related accident in Florida, then you may be entitled to sue and recover damages.
Before you explore your legal options, let’s take a quick look at some of the basic legal considerations.
Pool Owners Have a Duty to Warn of Non-Obvious Hazards
Pool owners are not liable for every possible injury that a visitor may suffer in and around their pool, but they can be held liable under a rather broad range of circumstances.
First, it’s worth pointing out that Florida pool owners have a duty to warn visitors about various non-obvious hazards. For example, a pool owner may be held liable if a visitor is injured in a slip-and-fall accident if the pool was built with textured tiles that give the optical illusion of being “dry” when they are actually “wet.” Obvious hazards — such as a clearly slick surface that could cause a visitor to slip — are not sufficient to impose liability.
The question in many cases is whether the hazard was obvious or non-obvious. This is a factual question, and Florida courts will evaluate the circumstances holistically by considering what would be obvious to the average, reasonably prudent person.
Statutory Safety Violations Could Give Rise to Liability
Florida has adopted a large number of regulations that apply to private and public pools. However, some of those rules apply only to specific housing configurations and communities.
If the pool owner has violated any of these statutory requirements and that violation contributes to an injury, the injured person could potentially sue the owner for significant damages.
For example, Florida condominium pools that serve 32 or more units generally qualify as “public” pools, and as such, they are subject to additional regulation. Condominium pools must adhere to certain water quality standards, have life-saving equipment available, and feature modified drainage systems that reduce the likelihood of a user being trapped, among other things.
Know your rights under the law. If you believe a pool owner has failed to meet their legal obligations, seek legal guidance to learn more about the next steps to take.
