May Is Water Safety Month - Help Make SW Florida Safer

As Florida heads into the summer months, when the temperatures climb more people will be enjoying the water, and Florida has so many ways to have fun on, or in the water!

Not just swimming pools, SW Florida residents can choose from Gulf of Mexico beaches, salt and fresh water canals, beautiful rivers, and literally thousands of lakes. However, if pools are your favorite, Florida has more swimming pools than any other state in the country.

With so much water around though, the potential for drowning is an issue we cannot ignore. This is why the team at All Injuries Law Firm is recognizing National Water Safety Month this May.

The Dangers of Water-Related Injuries and Deaths in Florida

In part, because we are surrounded by water with all the waterways, canals, oceans, swimming pools, etc., Florida leads the nation in drowning deaths of children and is a second only to Texas ins water-related injuries.

As Floridians head to our swimming pools and beaches we wanted to provide our clients and SW Florida community members with important information regarding water-related injuries and drowning deaths.

Drowning Deaths And Injuries Have A Higher Toll On Young Children

According to the center for disease control, there are approximately 10 drowning deaths per day in the United States.

• 1 out of 5 of drowning deaths are children under the age of 14.
• Drowning is the leading cause of death for ages one to four.
• For each child that has died from drowning, there have been 5 children who receive emergency care for being submerged underwater.
• Drowning injuries can cause serious harm not only for the children who have survived but for adults as well.

National Water Safety Month - You Can Help

To Help Keep SW Florida safer this summer, we invite you to participate in National Water Safety Month.

National Water Safety Month is a public awareness campaign created by a partnership between, the Pool & Hot Tub Alliance, the American Red Cross, National Recreation and Park Association, and the World Waterpark Association.

To get involved and help make SW Florida a safer place for all to enjoy the water this summer we recommend parents, pool owners, and business owners visit the National Water Safety Month website.

The website contains resources and helpful information including safety tips and recommendations from the American Red Cross.

The organizers of National Water Safety Month recommend those who want to help raise awareness to use social media and the Use National Water Safety Month hashtags: #BeWaterAware, #NWSM2020, #Learn2Swim, #DrowningIsPreventable

Legal Liability For Injuries Or Drownings Can Depend On Property Owner's Compliance With Florida’s Many Rules About Swimming Pools.

Swimming Pool Accidents At Home

The unpleasant reality for homeowners is that 75 percent of drowning deaths of children younger than 15 occurred at a swimming pool located at a private residence.

The emotional fallout from even a non-fatal accident at your home swimming pool is bad enough, but the problems will not stop with that. Property owners may be exposed to legal problems if a serious swimming pool accident at their home.

Who would be held liable for a drowning accident in your own pool and what actions can you take to prevent a drowning occurrence? Premise liability law would apply to the responsible property owner for any and all injuries that may occur on a person's own property.

Under “duty of reasonable care” the property owner under certain circumstances is personally held responsible for the injured party. When the property is rented out there are certain exceptions that are stated within the rental agreement that state liability for a trespasser or injured party.

Depending on what actually led to the accident though, when a child is involved in dealing with swimming pool injuries, most often the property owner is held responsible.

Liability is often determined if it has been proven that the homeowner was negligent in their duty to maintain a safe pool environment.

In the swimming pool premises liability case a will attempt to determine the following:

• Was the person in question a child or adult adequately supervised?
• Were the pool and swimming area in good working order?
• Did the pool have a safety fence surrounding it according to Florida statutes?
• Was there proper signage and warnings concerning pool safety?
• Did the drainage system meet all Florida requirements?

Requirements For Pool Safety Regulations In Florida

View the full requirements under Florida law

The Residential Swimming Pool Act, adopted by the state of Florida in 2000 states that all new residential pools must meet the following requirements.

• A pool alarm utilizes sensors that activate if any changes in water surface fluctuation.
• An approved safety cover for all pools.
• The pool must have isolation with a barrier or fence.
• All doors and windows that allow entry to the pool must have an alarm system to notify residents that the pool has been accessed.
• All doors leading to the pool must have latching devices and maintain self-closing devices.

The pool barrier fence must meet Florida safety requirements that state that the fence is at least 4 feet high, and not have any kind of opening that allows a child to get through it. This fence must be placed around the perimeter of the pool with enough space that seals off the water’s edge and the barrier/ fencing, gates and openings must be away from the pool and latching systems be sturdy enough to prevent climbing over the fence.

In the case of homeowners, the property owner is likely to have a Homeowners Insurance Policy that covers damages for accidents that occur - as long as the home is fully compliant with Florida regulations.

Commercial and Public Swimming Pools

Commercial swimming pools have a much larger responsibility for safety, and due to the much larger scale of the infrastructure and numbers of people involved have a wider range of safety concerts, from pool water sanitation, certified lifeguards, and additional safety equipment to make sure the drain and circulation system is safe.

Some of the features of commercial and public pools that must be under compliance to be in order are:

• An anti-entrapment system that has been approved by Florida law.
• A safety Vacuum system that releases and stops the flow of blockage when detected.
• Decks and Walkways must be slip-resistant.
• All Ladders, steps, and swim out platforms for every 75 feet around a perimeter.
• An approved 4-foot fence in height with a closing and latching device that has been approved as a safety fence or barrier.
• Designated room for chemicals that are only for authorized users.
• Permit that is validated and current for a public or commercial swimming pool.
• Pool water must meet sanitation standards and be free of coliform bacteria contamination

Who Is Responsible For Safety At Public Or Commercial Pools?

Beyond The Public Pool Owners, Responsibility Is Shared By All Who Operate A Public Swimming Pool

All those in association with its maintenance are to be responsible for the supervision, safety, and well-being of the general public. Those responsible for the safety of patrons at public pools include the owners, managers, lifeguards, swimming instructors, and other employees working with the commercial or public pool. As pool operators, they must be responsible for the supervision and safety of everyone using the public or commercial pool.

Public Pools Have Additional Equipment Requirements

All certifications will be reviewed during litigation of all swimmer's lifeguards and for instructors to ensure that they are properly certified under Florida Administrative Code 64E9 to ensure that all safety measures are covered. This includes safety drain outlet covers, shepherd's hooks, a lifesaving ring ( at least 18 inches in diameter) with a significant amount of rope attached to be able to reach all areas of the pool and other safety measures based on the size and type of pool in question.

Public Pool Operators Must Also Be Responsible For Patron’s Behavior

“Rules” for swimmers must be posted so that liability and damages for drownings or mishaps may be increased.

Florida’s Attractive Nuisance Law Protects Children

All Florida Pools Must Be Behind Barriers To Prevent Children From Falling Into Unattended Pools

Like other premise liability cases, the Attractive Nuisance law is an exception to the Florida Trespass rule which holds property owners to a higher standard of responsibility for child injuries by the presence of objects (such as pools and playgrounds) that are “attractive” to children.

Because homeowners are typically exempt from cases of negligence when they involve a person who trespasses, Florida legislators have added an exemption for children who are a higher burden to a homeowner due to being attracted to certain hazards.

Attractive Nuisance Law Factors Attorneys Must Consider:

• The property owner must be aware that a place of danger pool or playground is a place where a child might be tempted to trespass.
• The place is known to cause risk or harm to a child.
• Due to the child’s age or mental ability, they can not recognize the risk associated with the place.
• The homeowner fails to act within reasonable care to remove dangers or place barriers to prevent the danger or dangerous condition.
• The burden of eliminating the danger is less risk to the child.

Even The Circulation And Drain Systems Of Pools Can Be Dangerous

Due to old, unsafe pool drain/circulation systems that have been in place, there have been people who have drowned or sustained life-altering damages due to these systems. In the past, pool construction allowed for a drain system that would create enough suction that one could become trapped and stuck at the bottom of a pool and be unable to free themselves. In this case loss of life or injury could occur. Today most pools have two drains and do not allow this amount of suction, but some locations may still have older pools that are not up to code.

Near Drowning Swimming Pool Accidents Can Be Life-Changing

What is Considered to be a Near Drowning or Submersion Incident?

When someone suffocates to death due to being submerged underwater and liquid enters the lungs and prevents the intake of water and oxygen.

Pneumonia - air sacs in the lungs become swollen because of infection and cause difficulty breathing. This may occur after a near-drowning experience.

Hypothermia - When the body temperature falls too low thus causing organ failure and death to develop. It does not need to be too overly cold for the onset of hypothermia.

Acute respiratory distress syndrome - When the lungs swell with liquid. This condition can cause severe shortness of breath and may lead to respiratory failure. If enough oxygen does not get to the cells of the body respiratory failure may occur.

Brain edema - Swelling in the brain caused by fluid buildup. This may lead to brain damage or death.

Anoxic brain injury - Can have severe or neurological damage and is caused by oxygen deprivation which can have severe or lasting effects.

Traumatic brain injury - A disruption in the normal functioning of the brain and typically causes severe head injury. In swimming accidents driving into a pool or lake and hitting your head on the bottom of the pool or rock in a lake.

How A Lawyer Will Prove Liability in a Water Injury or Drowning Death Case

Drowning and nonfatal water injury cases are about as serious as premises liability cases get, and insurance companies will try to limit their compensation. As such only an experienced attorney backed by a strong legal team should be trusted for such cases.

As with all other types of personal injury or wrongful death lawsuits, proving liability in swimming pool injury cases, your attorney must prove and quantify the following:

Duty - the defendant has a legal obligation to the plaintiff under specific circumstances.

Breach of Duty - The defendant failed to act in accordance with their obligations.

Causation - The defendant's actions caused the injuries.

Damages - The plaintiff was harmed or injured as a result of the defendant’s causations.

Getting Justice For A Swimming Pool Death Or Injury

As personal injury lawyers serving southwest Florida for over 30 years, we have seen all kinds of tragic cases, and none are more saddening than serious swimming pool accidents or wrongful deaths.

Nothing can ever replace what has been lost, but some accountability can be obtained through the legal system.

If your family has experienced an injury or lost a loved one because a swimming pool owner was negligent, contact Attorney Brian Sutter today for your 100% free attorney consultation.