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If you or a loved one has been injured due to a swimming accident at a pool that was improperly designed or poorly maintained, then you may be able to recover damages from those responsible — which, depending on the circumstances, may involve a private homeowner, a public entity, a corporation, and others.

Pool owners are required to exercise reasonable care in operating their pool.  Pursuant to Florida premises liability principles, they must correct dangerous conditions, warn of non-obvious dangers (such as slip-and-fall hazards), and must conduct regular inspections to discover dangers that would otherwise be hidden.  If they fail to do so, they may be held liable under Florida law.

So, what pool issues commonly arise in swimming and related accidents?

Faulty Drains

Pool drain malfunctions and defects can lead to serious, life-altering injuries.  The intense suction created by a malfunctioning pool drain can cause various body parts to get “caught” in the drain for an extended period of time, damaging the skin, muscles, and internal organs in and around the suction area.  In particularly severe cases, victims may die from drowning (if caught in the drain and rendered incapable of escape) or from an infection later on.

Inadequate Warnings

When the danger posed by a swimming pool defect is non-obvious (for example, if there is a shallow area of the pool that is not clearly demarcated or otherwise noticeable), then the pool owner must make reasonable efforts to warn pool users of the hidden defect.  Failure to warn prospective users of the danger may expose the pool owner to liability in the event that a user is injured as a result of the hidden defect.

Lack of Safety Barriers

Safety barriers may be necessary depending on the context of the swimming pool.  A swimming pool located in the backyard of a private home may not require safety barriers, but a publicly accessible swimming pool may require safety barriers to prevent unsupervised swimming by children and others who may need adult supervision while swimming.  If there are no safety barriers preventing such trespass (or if the barriers are inadequate), then the pool owner might be liable for damages.

Presence of Slip and Fall Hazards

Swimming pools create numerous slip and fall hazards, many of which cannot be attributed to the negligence of the defendant — but some slip and fall hazards are not reasonable and may expose the pool owner to liability.  For example, a pool owner must exercise reasonable care in inspecting and cleaning up water spills on their property (away from the pool area) that pose a slip and fall risk.

Poor Water Quality

Pools require regular maintenance, which includes keeping the water filtered and clean for users.  If the water is not properly filtered and replaced as necessary — especially in pools with a high volume of swimmers — then the water itself can pose a health risk to swimmers.  Owners must take care to maintain pool water quality at a reasonably safe standard.

Contact Randall Spivey to speak with a knowledgeable Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal options and rights.