Ocala Accident Attorney Explains the Legal Deep End of Residential Pool Liability
Failure to equip a new, residential pool with a proscribed safety device may result in a second degree misdemeanor-or worse, a drowning death or lifelong personal injury. Ocala accident attorney explains the legal “deep end” of residential pool liability.
Florida is not only home to beautiful sunny summers, but also ranks first in unintentional drowning deaths for toddlers and third overall in the U.S. from 1999 to 2003.
Statistics show most drowning deaths occur at home in a residential pool-with mom and dad present. Florida’s Residential Swimming Pool Safety Act requires all new outdoor residential pools, spas, and hot tubs, constructed on or after October 1, 2000, be equipped with at least one of the following safety features:
- The pool must be enclosed by a 4-foot barrier, such as a fence, that prevents a child from climbing over or under. (F.S. §515.29(2011));
- The pool must have an approved pool cover;
- An exit alarm must be installed on home windows and doors with access to the pool; or
- All doors with direct pool access must be equipped with an outward-opening, self-closing, self-latching device. (F.S. §515.27(2011))
Failure to equip a new, residential pool with a proscribed safety device may result in a second degree misdemeanor-or worse, a drowning death or lifelong personal injury.
A drowning victim or survivor may have a cause of action for wrongful death, negligent maintenance of a pool, or attractive nuisance. Violation of an ordinance or statute requiring installation of a pool safety measure may constitute negligence per se. However, a parent who fails to supervise their child may not be wholly absolved from liability.
Even though a pool built prior to October 2000 is exempt from regulation under the Act, every pool should be equipped with a safety device. Keep Florida pools in compliance to stay out of the “legal deep end.”
For more information on this important topic please see:
- What can I do to “Drown Proof” my Pool -Gainesville accident attorney gives simple steps.
- Injury Prevention: Toddler Pool Drowning Deaths in Florida
- Does Florida law require that my residential pool be equipped with a fence?
- Protect your Child from Common Summertime Drowning Scenarios
We at Meldon Law strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.
We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 40 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls, medical malpractice, and criminal defense are all included in our practice.
Based on Jeffrey Meldon’s, founder of Meldon Law, over 40 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case. You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.
Contact Meldon Law at 800-373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident. We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you – we are here to help you.