Swimming Pool Accidents: Understanding Premises Liability in Florida

A swim on a hot Florida day can quickly turn into a nightmare when property owners fail to maintain safe pool conditions. Each year, thousands of Floridians suffer serious injuries in swimming pool accidents, from slip-and-fall incidents on wet decking to near-drowning experiences caused by inadequate safety measures. These accidents often leave victims facing mounting medical expenses, lost income, and ongoing physical and emotional trauma.

The Law Offices of Scott Sobol know the complex legal landscape surrounding swimming pool accidents in Florida. With over 20 years of experience and a track record of representing more than 1,000 clients in personal injury matters, our firm has developed extensive knowledge in premises liability cases. We work to ensure property owners are held responsible when their negligence causes harm to innocent victims.

Florida’s Premises Liability Laws for Swimming Pools

Florida law mandates that property owners maintain reasonably safe conditions for visitors, and this duty extends to swimming pool areas. Under premises liability principles, pool owners must regularly inspect their property, repair known hazards, and warn visitors about dangerous conditions they cannot immediately fix. The level of care owed relies on the visitor’s legal status–whether they are an invitee, licensee, or trespasser.

For public pools and those in residential complexes, Florida enforces strict safety requirements. These include proper fencing with self-closing gates, appropriate depth markers, non-slip surfaces around the pool area, and adequate lighting for nighttime use. Pool owners must also ensure proper water quality and maintain functioning drainage systems to prevent accidents and ensure the safety of their guests.

The state’s attractive nuisance doctrine provides special protection for children who may be drawn to swimming pools. Property owners cannot simply post “No Trespassing” signs and avoid liability if a child is injured on their property. They must take reasonable steps to stop unauthorized access, such as installing proper barriers and covers. This heightened duty recognizes that children may not fully understand the dangers pools present.

Common Causes of Swimming Pool Accidents

Swimming pool accidents stem from various forms of negligence, each presenting unique challenges for victims seeking compensation. Understanding these common causes helps identify when property owners have breached their duty of care.

Inadequate Supervision and Safety Measures

Many pool accidents occur due to absent or inadequately trained lifeguards at public facilities. Property owners who provide lifeguards must ensure they are properly certified and attentive. Even at private pools, owners hosting gatherings have responsibilities to supervise pool use and enforce safety rules. Failing to provide appropriate safety equipment, such as life rings or reaching poles, can transform a minor incident into a tragedy.

Defective Equipment and Poor Maintenance

Broken ladders, loose handrails, and malfunctioning pool lights develop dangerous conditions that lead to serious injuries. Drain covers that don’t meet federal safety standards can cause entrapment injuries, particularly for young children. Chemical imbalances in pool water can cause burns, rashes, and respiratory problems. Regular maintenance and prompt repairs are essential obligations that property owners cannot ignore.

Recent Changes Affecting Pool Accident Claims

Florida’s 2023 tort reform legislation has a significant impact on how swimming pool accident cases are handled. Under the new modified comparative negligence system, victims are only awarded damages if they are less than 50% at fault for their injuries. This change makes it crucial to work with an attorney who can effectively demonstrate the property owner’s primary responsibility for unsafe conditions.

The shortened statute of limitations now gives victims only two years from the date of injury to file a lawsuit. This reduced timeframe means pool accident victims must act quickly to preserve their rights. Delays in seeking legal help can result in the loss of evidence, fading witness memories, and missed opportunities for compensation.

Changes to how medical expenses are calculated also affect pool accident claims. Courts now consider the actual amount paid for medical treatment rather than inflated billing amounts. An experienced attorney can navigate these new requirements to ensure victims obtain fair compensation for their injuries, ongoing treatment needs, and other damages.

Protecting Your Rights After a Pool Accident

Taking quick action after a swimming pool accident protects your health and supports your legal claim. Your first priority should always be seeking appropriate medical treatment, even for seemingly minor injuries that could worsen over time.

Document everything about the accident scene before leaving the property. Take photographs of hazardous conditions, inadequate signage, broken equipment, or any other factors that contributed to your injury. Gather contact information from eyewitnesses who saw what happened. 

Tell the owner or manager of the property what occurred and request a written copy of any accident report they create. Keep careful records of your medical treatment, missed work, and how the injury impacts your life.

Secure the Compensation You Deserve

Swimming pool accidents result in life-altering injuries that require extensive medical treatment and rehabilitation. At The Law Offices of Scott Sobol, we bring over two decades of experience fighting for injury victims throughout South Florida. Our proven track record includes handling cases in every circuit court in the region, giving us invaluable insight into local legal procedures and effective strategies for securing maximum compensation.

We understand the financial strain that serious injuries place on families, which is why we work on a contingency fee basis–you pay nothing unless we win your case. Our commitment to constant client communication means you’ll never wonder about your case’s progress, as Mr. Sobol maintains direct accessibility throughout the legal process. If you or a family member has been injured in a swimming pool accident, contact us today at (954) 440-2000 or through our contact form to schedule your free consultation.

LEGALLY REVIEWED BY:
Scott Sobol
July 11, 2025

Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.

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