It is getting close to that time of the year when many homeowners begin closing their pools for the season. When homeowners close their pools, they often seem to forget about them, as well as the known dangers commonly associated with them. Drowning remains the leading cause of death for young children ages from 1 to 4. A Tampa Swimming Pool Injury Attorney can assist in ensuring the pool owner adhered to the state laws governing the ownership of a residential swimming pool, as well as determining whether the homeowner took reasonable precautions to keep children protected.
Even though Florida has adopted the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes, as a direct means of providing parents and homeowners of swimming pools with additional guidance to ensure child safety, many older homes may not adhere to the law as they may have been grandfathered in. That does not mean, however, that the homeowner is not required to keep the access to the pool reasonably safe from children, even if they trespass onto the property. Florida has adopted the Attractive Nuisance Doctrine, which was created and intended for the protection of “Infant Trespassers”. Simply because a child wanders onto another’s property without permission and is hurt or injured, does not mean the homeowner avoids liability for the child’s injuries. Florida law requires the homeowner to take active steps to ensure children, with or without permission, cannot obtain access to the pool.
Should you have any questions regarding swimming pool injuries and/or safety, please contact us, your
Tampa Personal Injury Attorney.