Florida Injury Lawyer Blog

Even though most homeowner do not consider their pools while the weather is cold – and the recent cold snap in parts of Florida is unlikely to make anyone crave an outdoor swim – any homeowners with a pool are still responsible for preventing pool accidents and drowning. Pool accidents are a major cause of injuries to minors and children, especially.

Children can easily fall into a pool or drown in the water. Even a pool that has been correctly covered for the winter can pose a drowning risk if curious children enter the pool area. Children who illegally access your pool area can still become killed or injured if they are able to crawl under a pool cover or fall into a pool. Even small animals can become trapped in your pool and die. If it has been a while since you have looked at your pool area, you will want to have a look.

Even in the winter, it is a good idea to check your pool area at least once a month and after any bout of severe weather. Your pool area should be secured with a tall fence and a gate with a good lock. However, keep in mind that children can scale or climb over fences, so the fence alone may not be adequate to prevent forced entry. Always carefully check your gate and lock when inspecting your pool area to check for signs of tampering or wear. Check all parts of your fence to ensure that it is sturdy and not in need of repairs. If you notice signs of tampering, report the crime at once and ensure that the area is secured to prevent further break-ins.

If you have a cabana or pool house, check the area carefully for signs of forced entry or recent residents. Anyone staying at your pool house or cabana illegally can have access to your pool and home and can cause a great deal of legal problems.

Many homeowners find that an alarm system provides the best peace of mind. When used in addition to a good fence and gate, an alarm system can alert you whenever there is a forced entry at your pool area. However, if you have an alarm system you still need to check this system to ensure that it has not been compromised or reset. You also still need to check the pool area carefully to ensure that no one has found entry around the alarm system. If you decide to install an alarm system, keep in mind that such systems may be offered at a discount at this time of year. Look for a good quality system that offers alarms even if a smaller child enters your pool area. This may create some “false alarms” when animals enter your pool area, but this type of system will keep you safest.

Now that the days are shorter and cooler, most people are closing up their pools. Since more people will be visiting your home during the upcoming holidays and since you will have likely less time to watch your pool area closely now that it is not in use, you must take care to carefully secure your pool until the next swimming season to prevent possible property liability issues. Here are some risk factors to consider:

1) Barriers and locked gates. Most young children who drown in a pool were not last seen by a pool. In fact, most were seen in the home and wandered into the pool area without adult supervision. In many cases, young drowning victims were out of their caregivers’ sight for less than five minutes. These statutes point to the absolute necessity of a good barrier and a locked gate. Make sure that the barrier or fence around your pool is secure, whole, and not in need of repair. Make sure it cannot easily be climbed – if there are trees or bushes nearby, trim them back to ensure that no one can climb over the fence. Secure the fence with a good-quality gate that is kept locked at all times. Keep the keys to the gate well out of reach of children.

2) Alcohol. If you have a final pool party, do not serve alcohol. Alcohol does not allow for proper supervision of people near your pool and increases the odds that a drowning will take place.

3) Pool covers. Good quality pool covers offer an extra layer of protection in case someone does break into your pool area. Hard pool covers can also help prevent spinal cord injuries if someone does compromise your fence and gate and your pool is drained for the season.

4) Slippery areas. If you need to service your pool in the winter, keep in mind that the area around the pool can become slippery as the temperature plummets. Keep these areas clean and free of debris and add some no-slip treads or adhesives to the area to prevent slip and fall accidents near the pool.

5) Maintenance. Even if you have locked up your pool area correctly for the winter, you will want to schedule regular check ups of the area. Mark these check ups on your calendar. At least once a month, ensure that the pool area is still secure and that the fence and gate are not compromised in any way. Check for signs of forced entry, damage to the fence or gate, or signs that someone has been near the pool. Repair any damage or breaches at once.

6) Alarms. You might want to install an alarm system near your pool area that alerts you in case the gate or fence are breached. This can help prevent a tragedy, and some alarm systems are not very expensive.

Among children between the ages of one and fourteen, drowning is the second major cause of injury-related fatalities. Most children who drown are swimming in an open water area or in a residential swimming pool at the time of the accident. However, parents do not need to worry just about pools and swimming areas. It is possible for a small child to drown in as little as one inch of water. Bathtubs, buckets, wading pools, toilets, hot tubs, spas, and even diaper pails can all pose a risk for drowning.

Drowning is extremely frightening because it can occur so quickly and quietly. In many cases, a drowning or an injury and near-drowning can occur in just a few seconds. In many cases, a drowning can occur in just a few moments, when a child is left unattended or is left unnoticed among a larger group of children. A child can easily panic and become submerged under water. A child can also hit their head and lose consciousness due to their brain injury, drowning before an adult can notice the child is in distress. Some children may get sucked under water by currents or by a pool drain and get stuck.

After a child becomes submerged and two minutes pass, the child will lose consciousness. Four to six minutes after submersion, irreversible brain damage has usually occurred. Time is essential. About 92% children who survive a near-drowning incident are discovered within two minutes of becoming submerged, while 86% of children who die as a result of drowning are found only 10 minutes after submersion. Studies have found that up to 20% of children who suffer a near-drowning incident suffer brain injuries or some neurological disability as a result of their experience. In many cases, this head trauma is a permanent injury.

Studies have found that 300 children ages 4 and under die in residential swimming pool drownings each year. About 33% of these incidents occur at a pool belonging to a relative, neighbor, or friend. About half of these incidents involve a pool belonging to the child’s family. In most cases involving a child’s fatal drowning, the child was under the supervision of one or two parents and was missing for less than five minutes before being found in the pool. In many instances, the child was last seen in the home and the adults supervising the child did not know that the child had gone into the pool.

About 62% of all drownings and near-drowning incidents occur between May and August, although they can take place at any time. States like Florida, which have warm weather longer into the year, tend to see more incidents outside of the May to August time span. In fact, states in the Southern areas of the United States have higher rates of drowning fatalities than states in colder climates. Rural areas have higher fatality rates from drowning than urban or suburban areas. About 40% of drowning and near-drowning incidents occur on the weekends.

Studies have found that installing fencing on all four sides of a pool and adding a locked gate to the fence can reduce residential swimming pool incidents involving children by up to 50-90%. In addition, there are many other devices on the market – including automatic pool covers, pool alarms, and pool gate alarms, for example – that can reduce the risk of drowning even further. Florida has laws in place requiring fencing around swimming pools. Arizona, Oregon, and California have similar laws.

Many Florida homes have a swimming pool in the yard and children at home. After all, Florida is not only a great place to raise children, but it is also a place where swimming pools can be enjoyed for much longer, thanks to a gorgeous climate. While children love swimming pools, though, adults need to take steps to prevent pool accidents. Whether you have a child at home or child visitors to your home, you need to keep your pool secure in order to prevent tragedy and premises liability cases. Since you cannot supervise your pool around the clock, make sure that you:

1) Put up a fence around your pool. Even if your yard is enclosed by a fence, construct a separate fence around the pool to keep visitors to your yard from accessing the pool area easily. Make sure that the pool fence is tall enough that it cannot be climbed easily and add a good gate and lock to keep trespassers out. Keep the gate locked at all times unless the pool is in use and correctly supervised.

2) Place a pool cover over the pool when not swimming. A pool cover prevents children from falling into the pool and injuring themselves. It can also help prevent leaves and other debris from falling into a pool. Keep in mind, however, that a pool cover still allows children access to your pool and is not a good alternative to a fence and locked gate.

3) As soon as you can, teach your child to swim and teach your child water safety. If your child does fall into a pool, he or she has a much better chance of survival if he or she is a good swimmer. Water safety courses can also teach your child the importance of not going near a swimming area when no supervision is present.

4) Set up set swimming times. Allow your child to enjoy the pool by establishing swimming times where you and another adult are present to supervise. It is a good idea to always have two or more parents supervising at once to ensure safety for everyone.

5) Put drain covers over your pool drain. Drains create suction and can cause children to get stuck under water. This can cause drowning before anyone is even aware that there is a problem. A good quality drain cover helps prevent this tragedy.