What Level of Oversight Are Pool Owners Required to Provide?

There is a responsibility to provide a safe environment whenever you own own property. Part of this obligation is to provide proper and adequate oversight of the property in question.

If you neglect that responsibility, which may be due to financial difficulty or overlooking pertinent issues, others utilizing the property are often the ones who pay the cost of your abandonment of duty. If someone is driving around on bald tires, which then results in a car accident, that would be an example of this type of negligence. It would be the same if someone slips and falls or is otherwise injured because someone did not properly maintain their pool.

The type of injuries that are common around pools are:

• Drowning
• Broken bones
• Dislocated shoulder
• Back injuries
• Head injuries
• Death

In Florida, many homes have pools and it is common to have parties and family gatherings centered around swimming at a privately owned pool. The pool owner has a duty to warn invitees (public or business) and licensees (or social guests) of any dangers that may not be open and obvious. For example, if you know the ladder leading out of the deep end is broken, then you would have the responsibility to fix it or warn those who may use the pool. Additionally, you have a heightened duty concerning children as they need to be adequately supervised. This duty to prevent children from going into the pool without supervision most likely will also extend to children who are trespassing onto your property. This is called the “attractive nuisance doctrine.”

If you are the owner of a pool in Florida, take the necessary steps today to ensure your property is safe, in repair, and that the proper supervision is provided at all times when others are in your pool, especially for children. Also, provide protection to limit the access to your pool by children so that even when you are unable to provide supervision, the pool is unavailable.

But if you are injured at a Florida pool, and that injury was due to the owner’s lack of oversight or attention, you may be able to receive financial compensation for your injuries including medical bills, ongoing care, permanent losses, lost wages and more. Contact Attorney Brian Brijbag for a free case evaluation today.