Swimming Pools and the Attractive Nuisance Doctrine in Florida


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Under the law, residential property owners have a duty of care to children who are visiting their homes, including those who trespass on their property. Your Boca Raton injury lawyer advises that backyard swimming pools in the state of Florida are a frequent source of accidents and liability under Florida’s attractive nuisance doctrine.

Under tort law, the attractive nuisance doctrine holds property owners liability for injuries to children for dangerous conditions on the property that are likely to attract young children. Children are curious by nature and may not appreciate the risks of dangerous conditions on the property. Examples of dangerous conditions include trampolines, abandoned equipment, piles of rocks, sand or lumber, open pits and swimming pools.

Since drowning is one of the leading causes of death in children, Florida law requires Boca Raton swimming pool owners to exercise reasonable care to prevent pool accidents. The Residential Swimming Pool Safety Act, enacted by the Florida legislature in 2009, requires that a four-foot fence or other barrier enclose pools, and that it be located sufficiently far enough from the pool’s edge to prevent a child from falling in. A homeowner who fails to properly enclose his pool, secure a gate or otherwise exercise reasonable care to prevent injuries to children could be found liable for any injuries or fatalities that occur as a result of the homeowner’s actions.

Your Boca Raton injury lawyer advises homeowners to take all necessary precautions to secure your swimming pool and prevent accidents. If you or a family member has been involved in a swimming pool accident, or any kind of premises liability accident, your Boca Raton injury lawyer can help.

ABOUT THE AUTHOR: David I. Shiner
The Shiner Law Group focuses their practice in civil litigation and trial work, with an emphasis on personal injury law and complex business litigation.

Whether they are handling a case involving personal injury law, medical malpractice, business litigation, or complex commercial litigation, the attorneys at Shiner Law Group always provide their clients with aggressive representation, and solid dedication.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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