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Pool and Playground Accident Law

by | Jan 14, 2021 | Community

Pool and playground accidents injure and even kill large numbers of Americans every year, including children. Playground injury statistics make for sobering reading, as do the figures relating to swimming pool injuries. If you or one of your dependents has been harmed in a pool or playground accident, you may be eligible for compensation.

Conversely, if you’re responsible for a pool or a playground area, you may be held liable if someone else is injured on your property. You would then need a solid defense in court to ensure that any settlement is fair and you’re not held responsible for something that isn’t your fault.

The laws around pool and playground accidents are complicated. They can be very confusing and require superior legal support to avoid expensive mistakes. In Florida, the statute of limitations for pool injuries is four years. It’s essential to start your claim as soon as possible.

Pool Injuries

Even if nobody loses their life in a pool accident, the results can still be catastrophic. Near-drownings and other accidents can result in brain damage, concussions, spinal damage, and fractures. These conditions may leave the injured party with serious medical issues and disabilities, potentially requiring extensive care for the rest of the victim’s life.

Common causes of swimming pool and playground injuries:

  • Improper or poorly maintained fences, gates, and barriers
  • Inadequate supervision of children
  • Improper maintenance of playground equipment, pools, decks, etc.
  • Broken lights or insufficient illumination
  • Physical hazards like broken glass, etc.
  • Defective or improperly maintained drain or filter systems in pools
  • Improper chemical treatments in pool water
  • Inaccurate water level indicators
  • Electrocution

Pool Owner’s Liability

There are specific responsibilities that come with owning a pool. These depend on the type of entrant.

Invitee: A member of the general public who has been invited to use the pool. Invitees can be Public invites or Business invites. They can include people who have paid to access the pool.

Licensee: A Licensee is someone who’s been invited to enter the pool by the owner or someone else who is permitted to provide access. This category can include friends who use the pool while visiting.

Trespasser: A trespasser is someone who enters the pool precinct without permission. While trespassers do not merit the same high duty of care owed to Invitees and Licensees, a duty of care is still owed to child trespassers under the “Attractive Nuisance Doctrine.”

Attractive Nuisance Doctrine

Playgrounds and swimming pools on your property fall under the designation of “Attractive Nuisances.” They are appealing to children who don’t fully understand the dangers posed by unsupervised play equipment or open water. They can be drawn to trespass through their curiosity, and fall from play equipment or drown in the pool. The property owner is required by Florida pool laws to ensure “reasonably safe conditions” and provide warnings about any dangers. Florida’s Residential Swimming Pool Safety Act (RSPSA) provides several safety precautions. Pool owners are obliged to enact at least one of the items on the list.

If you’ve suffered a playground or swimming pool accident

Laws around swimming pools and playgrounds in Florida are very complicated. Navigating them effectively requires an attorney with specific knowledge, skills, and experience to tackle these complex cases. If you’ve been affected by a playground or pool accident, you deserve the proper levels of compensation. When you’re bringing a swimming pool injury lawsuit, a skilled attorney can help you to establish and pursue your case effectively. If you think you might need to get a playground injury lawsuit or a swimming pool injury lawsuit, contact Graves Thomas Rotunda today.

 

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