In 2000 the Legislature passed the Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act which mandated specific rules relating to the design and construction of residential pools.  These rules do not apply to public swimming pools.

The Legislature was rightfully concerned that drowning is the leading cause of death of young children in Florida, and is also a significant cause of death for the elderly.  The law was enacted to try and reduce these tragic incidents.  The Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act requires all new residential swimming pools, spas, and hot tubs to be equipped with at least one of the following pool safety features:

• 4-foot-tall barrier surrounding the entire pool
• Approved pool cover
• All pool entrance points to the pool area must have self-closing and self-locking devices
• Every door and window in a home with direct access to the pool is required to have an alarm

Nearly one out of every 4 of the state’s residential pools has been built after the Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act took effect, and, therefore, must include the above safeguards. The Act represents a significant step forward with respect to swimming pool safety.

Lesser, Lesser, Landy & Smith cares about safety. We have the ability and resources to hold those who do not, accountable.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.