Residential Swimming Pool Safety Act.Florida's pool-safety law (Fla. Stat. ch. 515) requires new residential pools to have at least one approved safety feature: a barrier that meets the statute, an approved safety cover, exit alarms on doors and windows that open to the pool, or self-closing, self-latching doors. Public pools at hotels, apartments and HOAs must also follow Florida Department of Health rules, and federal law requires anti-entrapment drain covers on public pools and spas.
Premises liability.Owners must keep their property reasonably safe for invited guests and warn of dangers they know about. For children, Florida's attractive nuisance doctrine can make an owner responsible when an unsecured pool draws a child onto the property, even without permission.
Shared fault.Since March 2023, Florida reduces recovery by the person's share of the fault and bars it if they're found more than 50% at fault. Owners often argue the swimmer was careless. Evidence of missing barriers or supervision is how we keep the focus on the owner.
Who files.Only the personal representative of your loved one's estate can bring the case, on behalf of the estate and every eligible survivor. We can help start that process.