A swimming pool is, by its nature, a temptation – an “attractive nuisance” – for children.  Warm temperatures, long summer days, and unprotected pools act like a magnet to unsupervised kids. Even when children are supervised, it doesn’t take long for a child to drown silently while a back is turned or a message texted.

In Florida, drowning is the leading cause of death in children under 5, and brain disability is the result of nearly four times as many near-drowning incidents. The majority of these drownings happen in a residential swimming pool when there is no supervision, and no barrier between the child and the pool. The consequences are devastating to everyone involved. It is the property’s owner responsibility to keep his or her pool secure from and for children.

As of the 2015 passing of The Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act, all new pools must pass a final inspection that includes “…at least one of four requirements relating to pool safety features:
    (a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
    (b) The pool must be equipped with an approved safety pool cover;
    (c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
    (d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.”
Even if you have an older pool, you should seriously consider equipping it and your property with one of these safety features, and familiarize yourself with this new statute, Premises Law, and the Attractive Nuisance Doctrine. Pool owners have a duty to protect young children from the dangers of drowning and injury.

If a child is hurt in your pool, you will likely be sued. If you have any questions about a pool-related lawsuit you are involved in, please call me at 386-258-3453 right away.

No matter which side of the fence you find yourself on, we can help. The consultation is free.