Strong Advocacy & Reliable Service
Since 1989

Exterior Of The Office Building Of Law Offices Of Sharon L. Azoulay, P.A

Liability for swimming pool accidents and injuries

On Behalf of | Mar 26, 2024 | Premises Liability

Many Florida residents enjoy swimming for leisure and exercise. Although the state is known for its beautiful beaches, some people prefer to take their dips in the pool. If someone suffers an accident and injury at a public or private swimming pool, the owner might be liable.

Liability for swimming pool accidents

Swimming pool accidents fall under the category of premises liability and are usually caused by negligence. Whether a pool is public or private, the owner is responsible for ensuring the area is in reasonably safe condition. If they fail to do that, they may be liable if someone visiting their pool has an accident and sustains injuries.

When a person suffers injuries from a swimming pool accident, they must prove the elements of negligence are present. Those include duty of care, breach of duty, causation and damages. Property owners or managers have a duty of care to keep their pools and the area around them safe. If they fail to do that, it constitutes a breach of that duty.

If a duty is breached, it can lead to causation, meaning that the dangerous conditions caused an accident that resulted in injuries. The final element of negligence is damages, which can be proven through the victim’s medical expenses, lost wages and anything else relevant.

Swimming pools and attractive nuisance

Only visitors, licensees and invitees can sue for negligence after suffering pool-related injuries. A trespasser would not be able to hold the owner or manager liable because they don’t have a legal right to be there.

There is one exception to this rule known as attractive nuisance. This applies to children who may be lured by the look of a pool or the property containing one because of how it looks. If the area is not properly secured, a child can wander over and suffer injuries in or around a pool.