Liability for Swimming Pool Injuries at an Apartment Complex
June 29, 2021
Swimming pools are a popular amenity at many apartment buildings and complexes, as offering swimming pools means residents have a place to take a refreshing swim on a hot summer day and to socialize with their neighbors. However, a swimming pool can quickly turn deadly when an accident occurs due to negligence or recklessness. But who bears liability if a tenant or their guest is injured in an apartment building’s or complex’s swimming pool?
Financial recovery for injuries suffered in a swimming pool accident is usually obtained in a premises liability claim against the property owner where the pool is located. Premises liability refers to the legal liability imposed on a property owner for injuries that result from a dangerous or defective condition of the property. Premises liability allows someone lawfully on another’s property to seek compensation from the property owner when an injury results from a condition of the premises that is either created or permitted to exist due to the negligence, recklessness, or wrongful act of the property owner.
Common Types of Swimming Pool Accidents
Examples of common types of swimming pool accidents include:
- Drownings, which result from inexperienced swimmers who are unsupervised, or due to people getting into the pool while intoxicated.
- Diving accidents, usually caused by people jumping or diving into the shallow end of pools.
- Slip and fall accidents, as the ground around pools can become wet and slippery.
- Getting caught in pool drains or pumps.
- Viral or bacterial infections caused by untreated or contaminated pool water.
Liability of the Apartment Complex Owner/Manager
Apartment owners and managers owe a duty to their tenants to ensure that the building’s swimming pool and pool area are safe. This includes performing regular maintenance of the pool, such as treating the water to prevent contamination, keeping pool equipment in good working order, and repairing anything broken like ladders or handrails.
Apartment owners should also ensure that the swimming pool area has posted rules and warning signs to make sure that tenants use the pool in a safe manner. This may include posting signs for pool depth or “no running” signs and establishing rules and restrictions for the pool area, such as limiting the number of people in the pool area or hours of access.
If an apartment owner or manager does not undertake sufficient efforts to maintain an apartment building’s swimming pool or establish guidelines to ensure that tenants safely use the pool, the building owner may be held liable for injuries that occur due to a swimming pool accident.
Other Parties Who May Have Liability
In addition to the apartment owner/manager, other parties who may be liable for an apartment complex swimming pool accident include:
- Another tenant, if an accident is caused due to the tenant breaking safety rules of the pool, such as inviting in unauthorized guests or engaging in horseplay.
- The construction company responsible for building the pool, if an accident is caused by a design or construction defect.
- A third-party pool maintenance company hired to maintain the pool, if improper maintenance leads to someone suffering injuries.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Swimming Pool Accident Case in Florida
Did you or a loved one sustain serious injuries due to a swimming pool accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of swimming pool accidents in Coconut Creek, Plantation, Pompano Beach, and Pembroke Pines, and throughout Florida. Call (954) 525-2345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.