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Miami Injury Lawyer > Blog > Personal Injury > Who Is Responsible For Your Swimming Pool Accident In Florida?

Who Is Responsible For Your Swimming Pool Accident In Florida?


In Florida, swimming pool accident claims fall under premises liability law, which means the owner of the property where the pool is located can be held responsible for any injuries and deaths that occur as a result of their negligence.

If you or your child suffered an injury in a swimming pool accident in Miami, do not hesitate to contact an attorney to determine liability in your particular case. Speak with our Miami personal injury attorneys to determine if a property owner or another party can be held responsible for your swimming pool accident.

The Visitor’s Status in Florida Swimming Pool Accidents

Under Florida’s premises liability law, property owners with a swimming pool owe a duty of care to all entrants, including trespassers. While the duty of care is different depending on the visitor’s status, property owners must take reasonable steps to prevent accidents and injuries to all visitors.

The owner’s duty of care depends on the visitor’s status:

  • Invitees. Invitees are people who are legally on the property with a public swimming pool. The owner of the pool owes invitees a duty to inspect and maintain the pool free of hazards to prevent accidents.
  • Licensees. Licensees are social guests who are invited on private property by the owner. Owners of private property with swimming pools have a duty to warn licensees of dangerous conditions and hazards that might not be obvious to a reasonably prudent person.
  • Trespassers. Property owners are held liable for injuries to children who trespass on their property if those injuries are the result of an attractive nuisance. Swimming pools are a common example of an attractive nuisance.

Whether or not you can sue a property owner for your swimming pool injury depends on your status at the time of the accident and the circumstances of the incident. Consult with a personal injury attorney to determine liability.

Who Can Be Held Responsible for Swimming Pool Accidents?

In swimming pool accidents, responsibility depends on various factors, including the injured party’s status at the time of the incident. In most cases, the injured person can hold the owner of the property liable for the injury if they can prove the following elements:

  1. The property owner owed them a duty of care;
  2. The owner breached the duty (e.g., due to their failure to maintain a reasonable safe swimming pool);
  3. The plaintiff was injured as a result of the breach; and
  4. The plaintiff suffered actual damages.

Depending on the circumstances of your swimming pool accident, you may be able to sue the following parties for your injury:

  • The property owner or occupier
  • A government entity that owns the property and/or swimming pool
  • A private homeowner if an accident occurred in a residential swimming pool
  • The owner of a public or commercial swimming pool (hotel, fitness club, apartment complex, etc.)
  • The manufacturer of the pool or its part if the accident was caused by a design or manufacturing defect

Schedule a consultation with our attorneys at Pita Weber Del Prado to determine liability in your swimming pool accident. Call 305-670-2889.

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