Pools can be a fun way to relax and cool off during a hot day. However, injuries that happen in or around a pool can frequently occur if individuals do not take the proper safety measures. Some of the most common pool accident injuries that can be easily preventable are drowning or head injuries from diving head-first into a shallow pool. A person using any pool, whether it is a private pool, community pool, or commercial pool should be diligent with their own safety and the safety of their dependents to try to prevent pool accidents. However, if the pool owner’s negligence causes you or your children to sustain injuries, you should contact the seasoned attorneys at Kogan & DiSalvo immediately. Boca Raton pool accident premises liability lawyers can review your case and determine if you have a viable claim.
What is the Attractive Nuisance Doctrine?
Children can be some of the most susceptible to sustaining a pool accident injury because they may not be strong swimmers and usually do not take the proper precautions to remain safe around swimming pools. For this reason, the lawmakers created the attractive nuisance doctrine, which only applies to minors.
The state’s attractive nuisance doctrine is case law that has evolved from the Restatement of Torts, Section 339. The law defines an attractive nuisance as an artificial condition which has strong elements of the inherent danger to adults and minors. However, this statute addresses the fact that minors may not fully understand this danger. This statute also establishes that a proprietor is subject to liability if a minor becomes injured due to a potentially hazardous condition that entices this minor to trespass on their property. Under this law, a landowner is only liable when a child gets hurt if:
- The proprietor knows or should know that the condition may cause a child to trespass
- The hazardous condition is one in which the proprietor realizes or should realize involves an unreasonable risk of death or serious bodily harm to children
- The minor, because of their young age, does not discover the condition or realize the risk involved
- The utility to the landowner of maintaining the condition is slight compared to the risk to children
The attractive nuisance doctrine is an exception to the rule regarding the lack of duty of care that landowners owe to trespassers. Usually, a property owner does not owe a duty of care to a trespasser other than to avoid willfully or wantonly injuring them. However, this rule has been modified concerning young children by the adoption of the attractive nuisance doctrine.
The test to be applied in a case of this type is whether a reasonably prudent person should have anticipated the presence of children or other persons at the place where the landowner created a condition that a jury could find was an inherently dangerous condition. These conditions may include an explosive substance, inflammable material, a live wire, or a spring gun. Boca Raton pool accident premises liability attorneys could review someone’s case and evaluate whether this statute may apply to their case.
Laws Regarding Swimming Pool Safety
Living in the sunshine state means that swimming pools are abundant. Whether it is a public pool or a private pool, a person may have access to many pools year-round. Because of their abundance, lawmakers created several statutes and regulations which are meant to protect the public, especially children, from the inherent dangers surrounding swimming pools.
Florida Statute 515.27 governs residential swimming pool safety. To pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
- The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of this statute
- The pool must come with an approved safety pool cover
- All doors and windows providing direct access from a house to the pool must have an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet
- All doors providing direct access from a house to the pool must have a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor
- A swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water
If a pool owner fails to equip a new residential swimming pool with at least one of these pool safety features, law enforcement may charge them with a second-degree misdemeanor. If a proprietor equips their pool with at least one of these safety features and attends a drowning prevention education program within 45 days after arrest or issuance of a summons, they may receive no penalty.
Public vs. Private Pools
It is important to note that there are different regulations for public swimming pools and spas versus private ones. There are more stringent requirements for public pools than privately owned pools. Pool accident property liability lawyers in Boca Raton could investigate an injured victim’s case and identify if a pool owner may be negligent if they failed to follow any swimming pool regulations.
Contact a Boca Raton Pool Accident Premises Liability Attorney
If you or your child was injured while at a pool, you should contact Boca Raton pool accident premises liability lawyers to discuss your legal options. The diligent attorneys at Kogan & DiSalvo can help you pursue compensation for your injuries and hold the negligent property owner accountable. To get started on your case, contact our office for a free consultation.