Florida sunshine and warm weather mean summer and fun times in the family or local pool. Public and private swimming pools are all fun and games until someone gets hurt; then, it becomes important to understand who is liable for such injuries in a public or private body of water. If you are a pool owner, it’s important to understand what you may be liable for if a person is injured on your property in a swimming pool accident. If you are injured at a public pool, it’s also important to understand your rights and how to determine who may liable.
In Florida, accidents or injuries in swimming pools fall under something called “premises liability,” meaning the owner of the pool or body of water can be held responsible for any incidents or deaths that occur on that property. If the premises is deemed unsafe or neglected, this can prove liability of the premises owner.
The risk that causes a pool-related injury must be something the injured party can prove were not a result of their own negligence, but that is an inherent result of something the premises owner did or did not provide. For example, if the pool owner does not specify that an area of the pool is a “no diving” zone or is too shallow for diving, and an injury is sustained as a result, the pool owner is liable as they did not provide documentation or evidence that would prevent the injury.
However, if a person is injured from a situation displays negligence and did not read signs or follow etiquette and behaviors, then the premises owner did not do anything that would imply liability. If the person injured did not follow established pool rules, this does not reflect liability on the pool owner(s).
Training for employees is also key for pool owners. An employee or trained worker who is responsible for mixing pool chemicals or enforcing safety rules need to be aware and accountable for their actions, as behaving incorrectly can result in someone getting hurt.
State and federal laws have been put into place to provide requirements for pool owners, including water temperature, policies for supervision, mixtures of chemicals, pool capacities, and more.
We at Franco Law Firm are committed to helping you understand your options if you or a loved one has been injured in a private or public pool injury. For more information or a consultation, please contact Franco Law Firm at (813)-872-0929.