Swimming pools are a staple of many Sunshine State homes. While pools offer hours of exercise or entertainment, they also come with risks and dangers. Injuries from diving, swimming, or even drowning are common to witness or hear about. What happens if you are injured in another person’s swimming pool? Who is liable for the damages you might now be facing?
Residential Swimming Pool Safety Act
In Florida, the Residential Swimming Pool Safety Act (RSPSA) was passed after Florida lawmakers realized one of the largest causes of injury or death in children was from swimming pools. As a general rule, the RSPSA notes one of the best ways to combat children being injured or drowning in swimming pools is through proper supervision of adults. However, injuries can happen at anytime and to anyone, so having an adult present won’t necessarily going to prevent all swimming accidents.
Every pool is required to meet certain safety standards under the RSPSA. Pools built after the year 2000 in Florida must have at least one of the following features:
- A fence at least four feet tall and not able to be climbed over
- A safety cover
- Latches at least 54 inches high on all exterior doors of a structure that lead to the swimming pool
- Exit alarms on doors and windows
While only one of the above safety practices is required, the more safety protections put in place the better.
Liability
If a pool owner is found to have violated safety procedures dictated by the RSPSA, he or she could be held liable for injuries sustained on the property and/or in the swimming pool. Injuries can result in financial burdens that you might not be ready to meet. Seeking damages through a personal injury suit based off of the RSPSA safety requirements could result in compensation. However, parents can still be found partially negligent for an injury sustained by their child at another’s pool. Under the principle of comparative negligence, the amount of recovery in a personal injury suit can be reduced by the percentage of fault a parent carries in the child’s swimming injury.
File a Personal Injury Claim
The personal injury attorneys at Dennis Hernandez & Associates are here for you if you or your child has been injured due to another’s failure to provide a safe swimming environment. Let us help you seek compensation through a personal injury claim, so you can focus on your recovery. Do not let a fun day at the pool turn into a tragedy from which you cannot recover. Contact us today for a free consultation.
