What are the Duties and Responsibilities as to Pool Owners, Day Care Centers, Schools, and Community Pool Owners as to the Supervision of Children in a Swimming Pool?

Swimming-Pool-Liability-150x150Throughout the year, Florida has the distinction of being a state in which warm weather allows for swimming even through the Fall and Winter months. When a child dies as a result of a drowning incident, the death of a child has a ripple effect through the family and community.  According to statistics collated the Florida Department of Children and Families, 82 drowned in 2017 with another 56 who have drowned in 2018 as of this time. Children and adults, who happened to be strong swimmers, can still encounter trouble while swimming.  As such, it is important to have supervision and assistance nearby any time that a child or adult enters a pool. This is especially true for young children, toddlers, and infants who may lack these strong swimming skills or safety awareness.
We live in a world of constant and ongoing distractions in the form of our smart phones and tablets. In a way, our smart phones are making us a bit dumber and less aware of our surroundings. This often is the case when an adult is supposedly supervising a child.  With eyes fixated on the small screen of an iPhone or iPad, a small child may encounter trouble or danger in the form of any body of water including swimming pools, lakes, oceans, rivers, hot tubs, and even bath tubs.
A swimming pool related legal action requires the showing of four elements as follows:
Breach of Duty;
Causation; and
Let’s assume that a 5 year old child is visiting a friends house for a birthday party.  It is a swim party.  The 5 year old had swim lessons and was quite a strong swimming for his age. The children go into the pool while the parents chat and have snacks near the pool.  In the midst of the crowd of children as well as the crowd of adults nearby, the child drowns.  As it turns out, no adults were watching the children.  The adults were caught up in their conversations or their personal mobile devices.  The host of the party was busy in the kitchen preparing food and drinks while the other adults were near the pool.  A day that was filed with a wonderful birthday party and excitement was also filed with negligence and the tragic death of a child.  This hypothetical situation could easier happen in just about any community in which safety measures are not taken to properly supervise children in a pool or water setting.
David Wolf is a child personal injury attorney with over 28 years of experience.  He is the author of 11 books and over 4,000 articles that focus on child injury and safety issues.  The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Ever Parent Should Know – has chapters on Swimming and Aquatic Related Injuries, Automobile Accidents, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
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