Swimming Accident
WFTS Tampa Bay reported that drowning deaths are up 70% percent in Florida from 2019 to the first quarter of 2020. For children under the age of four, drowning is the leading cause of death across the state. Florida Health Charts states that for every child who drowns, another five children receive emergency department care for non-fatal submersion injuries. These deaths and injuries are preventable. Our attorneys at the office of Mark H. Wright, PLLC can assist you in determining liability and seeking compensation through a personal injury claim.
Florida’s Residential Swimming Pool Safety Act
Many drownings in Florida occur in residential pool settings. Florida’s Residential Swimming Pool Safety Act requires the following safety features for residential pools to help minimize the risks of swimming accidents:
- The pool must have a barrier that is four feet high without any gaps, protrusions, holes, or openings that a child could crawl under, over or through. The barrier must be far enough from the water’s edge that if a person did manage to get through, they would not immediately fall into the water;
- The pool must have an approved safety cover;
- Doors and windows providing direct access from the home to the pool must be equipped with an approved alarm;
- Doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed at least 54 inches above the floor; or
- A swimming pool alarm that detects unauthorized or accidental entry into the water and is certified to ASTM Standard F2208.
Common Causes of Pool Accidents
Florida law requires barriers to help prevent swimming pool accidents, but there are other ways people can become injured in a pool setting. Slippery surfaces caused by the pool water can lead to slip and falls and pool drains can trap a person’s hair or clothing causing them to remain stuck underwater. Perhaps most importantly, all pools should have adequate supervision. This means public pools should have adequate lifeguard staff and owners of residential pools should be attentive when children are playing in or nearby the water.
Swimming Pool Injuries
Aside from drowning, swimming pool accidents can lead to serious injuries such as:
- Traumatic brain injuries from oxygen deprivation if submerged in the water too long or from hitting one’s head after falling or landing improperly off a diving board;
- Broken bones from slipping and falling; and
- Electrocution from improper wiring and grounding.
Who is Liable for a Swimming Pool Accident?
Pool owners are responsible for maintaining reasonably safe conditions. This includes meeting the standards required by Florida’s Residential Swimming Pool Safety Act. If a pool owner was negligent in keeping the premises safe for visitors, then they can be held liable for any injuries that occur and victims can file a personal injury claim.
The Attorneys at the office of Mark H. Wright, PLLC Can Help
The attorneys at the office of Mark H. Wright, PLLC understand how traumatic it is to have a child drown or nearly drown. Our compassionate team can assist you in determining liability and seeking compensation through a personal injury claim. Call our offices at 813-425-2020 to schedule a free consultation today.
