As defined by St. Petersburg law, a premises liability pool accident occurs when someone is injured when in a pool, and it is often when children playing in and around pools and either jump in and hit their head, slip and fall around the pool deck, or drown in a pool because they are in too deep or are tired or something goes wrong and they are not able to swim properly. Usually, insurance covers injuries that happen in a pool, whether it is a commercial pool, a public pool or a pool at a residence. The law surrounding swimming pool safety is a reasonable person standard. In Florida, a person must have a safety face around a residential pool.
In commercial or public pools, there is a requirement for a lifeguard or a sign explaining that there is no lifeguard. An individual should contact a St. Petersburg pool accident premises liability lawyer if they have been harmed at a public pool that does not have warning signs around the pool as well as some sort of safety fence or a pool cover so a child cannot fall in and drown in the pool. An experienced premises liability attorney can help you seek the damages you deserve.
Frequency of Public Incidents
Most pool accidents happen on private, residential properties but they do occur at public pools or at commercial pools, whether it is at a waterpark, or part of a health club, or a private facility that has a pool available for children. However, those places usually have lifeguards, signs up, and usually, have floors that prevent slipping all around the pool. Residential areas are not as protected with warnings and safety measures as public pools and commercial pools. Children are often the most vulnerable around a pool because they either disregard the safety warnings or the hazard warnings. Speaking with a St. Petersburg pool accident premises liability lawyer can help protect the rights of an individual and their kids.
Attractive Nuisance Doctrine
An attractive nuisance is anything that will draw someone to the property, usually children. It can be a bounce house, a trampoline or, in this situation, it can be a pool. In Florida, a person is required to have a fence around their pool to prevent children from just walking or slipping into it without anyone supervising them. If a person has an attractive nuisance, they also have a heightened duty to make sure that there are safety measures in place.
The attractive nuisance is not really necessary in St. Petersburg pool accident premises liability cases, but it can be added. If someone is injured in a pool in the backyard they typically sue the homeowner’s insurance and will not need to bring the attractive nuisance doctrine into it.
Impact of Common Pool Accident Injuries
The most common injuries sustained in pool accidents are bumped heads in the pool, slip and fall around the pool where there are scrapes, bruises or broken bones. Some people hurt their backs when they slip and fall around a pool. One of the most common pool injuries St. Petersburg pool accident premises liability lawyers see is drowning.
The impact of these injuries on the assignment of responsibility depends because residential areas have different rules than commercial or public pools, meaning a person is not required to have the same equipment and materials in a private residence pool as at a public one, but also there are new standards for residential pools. A person is required to have a safety fence around the pool now.
At a public pool, there either must be a lifeguard on duty or a warning sign that says “There is no lifeguard on Duty. Swim at your own risk.” In private and commercial pools, there must be non-slip flooring around the pool to prevent slip and falls. In a residential setting, it is recommended but it is not per se negligent to not to have that non-anti-slip material.