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Swimming Pools – Owner Responsibilities and Liability

According to the Florida Department of Health, Florida is the leading state in drowning deaths each year, particularly in children ages 1-4. As the weather begins heating up, neighborhood swimming pool use will increase dramatically. It is important for pool owners to know a few important things about safety, general liability and responsibility.

Below are several important facts regarding general liability for swimming pool owners:

  • Unauthorized/Unsupervised Access to Pools is the Leading Cause of Drowning Deaths: Many deaths from drowning and serious brain injuries are reported each year. These injuries are often linked to swimming pool accidents and occur a when a pool is not properly secured by fencing and/or a locked gate. A young child may gain unauthorized access to a swimming pool and can fall in. According to Florida’s Residential Swimming Pool Law, a pool must be fully enclosed by proper barriers which can include a 4 foot high fence or locked gates and alarm mechanisms.  If a neighborhood child gains access and drowns in an improperly secured pool, the owner of the pool could be held financially responsible for the child’s death.
  • Diving Accidents are a Leading Cause of Spinal Cord Injuries: Accidents resulting from diving/jumping or other forms of “rough-housing” in the pool contribute to a large percentage of fractures, spinal cord injuries and brain injuries among teens and young adults. Severe brain and spinal cord injuries often result from diving into shallow water.  Owners of sloping pools (in ground pools with a deep end) are required by law to have a safety line drawn across the water’s surface at the point of the incline. The American Red Cross recommends a minimum of 9 feet of water depth for head first dives including dives from pool decks.
  • Hazardous Pool Toys and Trick Jumps Should Be Avoided: When playing with pool toys, it is possible for entanglement to occur and for the swimmer to become pinned with his/her or head below the water. It is specifically recommended to avoid inner tube or doughnut style floats with holes. Additionally, according to the American Institutes for Research, 16.8% of all diving accidents occurred from attempting an unusual dive or trick. Trick dives, flips and other stunts are hazardous and should not be attempted in a residential pool.
  • Children must be Supervised at All Times: One-third of adults do not realize that staying within arms’ reach of a child is much safer than using “floaties” or other similar swim-assist devices alone. About 60% of accidental deaths in children consist of drowning in swimming pools.  Children ages 1-4 are most at risk for drowning in their own pools. Children should never be allowed near or in the swimming pool unsupervised.

References

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