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Can Florida homeowners be liable for swimming pool accidents?

| May 31, 2019 | Premises Liability |

Hot weather has returned to Florida, and many people escape the heat by spending time at the pool. Some people choose to visit a community pool. However, many people go swimming at a friend or relative’s house. But, swimming can be a dangerous activity. There is always the risk of drowning, slip-and-fall accidents and diving accidents at a homeowner’s pool. This may make private pool owners wonder if they are liable for accidents that take place in their pools.

It is important for private pool owners to understand that they are responsible for pool accidents that occur while they are at home, supervising the activity. However, private pool owners may be surprised to find out that they are also responsible for injuries to trespassers who use their pool if the pool owner was negligent.

Posting a warning sign that trespassers swim at their own risk may not absolve a pool owner of liability. In general, private pool owners should surround their pools with fences that are too high to be climbed and that lock from within, especially so that children do not sneak into the pool when the property owner is not around. This is because a pool is an “attractive nuisance,” meaning that the attraction at issue will naturally tempt children to trespass onto the property. Thus, private property owners must take steps to take steps to keep children from accessing the feature on their property that is the attractive nuisance — the swimming pool.

Even if a private pool owner invited someone to go swimming at their house, they must take care to keep the premises safe, make sure that guests don’t drink too much alcohol and that any children swimming in the pool are being supervised. Ultimately, premises liability when it comes to swimming pool accidents can be complex. This post briefly discusses this topic, but it does not offer legal advice. Private pool owners who are wondering how to avoid liability will want to bring their concerns up to a personal injury attorney for further guidance.