Swimming Pool Drowning

Swimming pools are designed to provide families with fun recreation on hot summer days. Unfortunately, too many swimming pools become a place of mourning and despair as someone loses their life. Frequently, swimming pool drowning victims are small children, many of whom are out of sight for only mere moments. Homeowners with swimming pools need to ensure they have the latest safety features for their swimming pools and need to keep constant vigilance to prevent drowning. Failure to secure a swimming pool may make the owner liable for damages under premises liability laws.

Pool Drowning Statistics

Drowning is one of the leading causes of accidental death in the United States. Each year there are approximately 1900 swimming pool drowning events. Many drowning events occur when there are many people around, including trained lifeguards. Some drowning statistics include the following:

• Drowning is the second leading cause of death in children age 1 to 14
• Florida has the highest drowning rate of the nation for children under age 5
• An average of 9 people per day drown in the United States
• 70 percent of preschoolers who drown are in under the care of one or both parents
• 75 percent are missing from site for only 5 minutes or less

In Florida alone, there are an estimated 1 million swimming pools, both private and commercial. Most of the pools are older and may not meet current Florida safety standards.

Common Drowning Causes

It doe not take much water, nor much time to be put in a dangerous situation in a pool. Although it is commonly portrayed that drowning victims flail and shout when they go under, this is not necessarily the case. Most drowning occurs silently and quickly, before anybody knows there is a problem. There are several factors that contribute to swimming pool drowning, these include:

• Negligence
• Lack of safety features
• Minimal supervision

It only takes a few minutes to drown and children who are near an unprotected swimming pool seem to be magnetically drawn to them. Safety equipment should be installed to minimize the potential danger to small children.

Liability of Pool Owners

Homeowners and commercial pool operators who fail to take adequate measure to keep their pools safe during reasonable use may be held liable for damages. Fencing the pool or using approved safety covers can help reduce the chances of accidental drowning. Water is dangerous enough even under the vigilant watch of a trained lifeguard, it is even more deadly when left unattended and open. Under premises law, property owners have a responsibility to provide reasonable safety to visitors. There are three classifications of visitors under premises law:

• Invitee – An invitee is someone who is either implicitly, or explicitly asked to be on the property for commercial transactions. A commercial swimming pool or recreation center swimming pool would attract invitees.
• Licensee – A license is a visitor who is on the property for social occasions, such as a family member over for a pool party.
• Trespasser – Under premises law, even the uninvited guest, or trespasser must expect reasonable safety on the property.

Determining who is liable for a swimming pool drowning can be a tedious and emotional prospect for all parties involved.