With nearly year round warm weather, Florida is the perfect place for a backyard pool. While not everyone can afford an in ground pool, many can afford a cheaper version—the above ground pool. What many Floridians may not know is that their above ground pool could be breaking the law. Though quite a bit cheaper, above ground pools are required to adhere to the same safety statutes that the more expensive in ground pools must adhere to.
According to state law, a pool of any type that’s over 24 inches deep must have a barrier, and a property fence doesn’t count. Such laws are mandated by Florida’s Residential Swimming Pool Safety Act, which was designed to prevent the accidental drowning of children. Studies have shown that, every five days during a Florida summer, a child under the age of five drowns in a residential pool. Every swimming pool in Florida is required to have a barrier surrounding it that is at least 48 inches high.
This barrier can’t have any openings or gaps through which a child could climb or crawl, and must completely enclose the entire pool. In some cases, the walls of the pool may serve as the barrier, providing they are at least four feet high. Another way above ground pool owners may be in violation of Florida law is if a ladder to the pool is left standing next to it when the pool is unsupervised.
If you’ve accidentally lost a child in a swimming pool that was in violation of Florida’s strict safety standards, you may be able to get compensation in a wrongful death lawsuit. To find out more about your legal rights and options, you’ll need to consult an attorney familiar Florida swimming pool laws. The attorneys at Farah & Farah have been serving Sunshine State residents since 1979 and will be glad to put their well-honed legal skills to work on your claim. Call (877) 304-8840 for a free consultation.
