Swimming Pool Accidents

Although swimming pools provide Floridians with a great means of enjoyment, entertainment and exercise, they have also been the source of many serious and fatal accidents.   At Lesser, Lesser, Landy & Smith, you will find knowledgeable attorneys to assist you in determining if someone else’s lack of supervision or other negligence could be responsible for such tragedies.  Responsible parties in such cases can include caregivers, landlords, property owners, condo and homeowner’s associations, and even builders and contractors.

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.

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