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The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Premises Liability Blog Post

Understanding Premises Liability and Swimming Pool Accidents

A backyard pool can be a wonderful place to spend a sunny day with friends and family. However, it is important for all pool owners to understand how premises liability may affect their properties so that they can keep everyone safe.

When a pool is in your backyard, it is considered to be part of your property and usually falls under the scope of premises liability law. In other words, the owner of a property has a responsibility to provide a certain level of care for different types of visitors to the location. If the owner fails to provide a safe space for guests and a visitor becomes injured, the owner may be liable.

For example, if your diving board is broken and you fail to inform your invited guests, you could be liable if a visitor is hurt while attempting to dive.

Types of guests

There are three main types of guests that may typically be found at a pool, and liability applies differently to each. Visitors to a public swimming area not on a personal property are called invitees. This type of visitor is owed the highest duty of care by the public pool owner, who is responsible for maintaining and repairing hazards for the benefit of the invitee.

For a pool at your home, visitors are referred to as licensees, as they are guests of a private location for recreational use. Homeowners have a moderate duty to licensees and must take reasonable action to provide a safe space and warn guests of any circumstances that may be abnormally hazardous.

The final type of visitor to a pool is an individual who is not invited to the property, also known as a trespasser. Property owners are typically not responsible for providing for the safety of trespassers, unless the trespasser is a child. That’s why owners should place fencing around their pools to prevent a child from wandering onto the premises.

If you would like more information on how liability applies to your private swimming pool, consult the trusted Bradenton injury attorneys with Goldman, Babboni, Fernandez, Murphy & Walsh.

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2822 University Parkway
Sarasota, Florida, 34243 USA