Florida Swimming Pool Wrongful Death Lawsuit Lawyers

Swimming pools are a major feature of the Florida lifestyle. In Florida, many single-family homes, apartment buildings, hotels, condominiums, and resorts have swimming pools. Despite the comfort and convenience that a swimming pool provides to the owner, Florida pool owners are required by law to protect others, particularly children, from drowning. This legal obligation extends to owners regardless of whether they have children or not. Tragically, although there is a legal obligation for owners to prevent drownings, more kids ages five and under die every year in Florida swimming pools than in any other state.

The family of a child who has passed away in a swimming pool accident in Florida may have the legal right to file a wrongful death lawsuit against the pool’s owner or the person who was liable for the child’s death by drowning. The wrongful death lawsuit is filed by a legal representative on behalf of the child’s surviving family. In most cases, the child’s parents are the recipients of any judgment won or settlement reached in the wrongful death lawsuit.

According to Florida law, swimming pools are deemed an “attractive nuisance.” This means the owner of the pool must protect children who enter the pool from harm, even if the child does not have permission to enter the pool. This is because the pool might “attract the attention” of a child. In other words, it is the pool owner’s responsibility to protect children from themselves. One way pool owners can protect themselves from liability is to place a fence with a locked gate around their pool patios, or have a screened-in pool. The enclosure around the pool must also be childproof.