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Who is at Fault if My Child Climbs the Fence and Suffers Injuries in the Pool Next Door?

Living next door to a home with a swimming pool creates significant risks if you have small children. Naturally, you want to take every conceivable precaution to protect your children. However, Florida law recognizes that even the most vigilant supervision cannot prevent every possible accident, so it places a great degree of responsibility on pool owners. Since many unique details can contribute to these injuries, you need to consult with pool drowning accident attorneys with extensive experience handling these claims in Tampa and throughout the state.

Recognizing that drowning represents the leading cause of death of Florida children, the legislature instituted the Residential Swimming Pool Safety Act, which places detailed responsibilities on swimming pool owners — including an extensive list of residential swimming pool barrier requirements. In essence, if a small child manages to permeate a pool barrier and gain access to the pool, the chances are that the pool owner failed to meet the requirements of the Act, making him or her liable for the injuries to your child.

Of course, liability can shift to you fully or in part in specific situations. On one hand, turning away momentarily while your child plays in your yard most likely does not increase your legal liability. However, if you have a shrub or other item near the fence that enables your child to climb to the yard next door, you may at the very least share some liability. An experienced Tampa personal injury attorney with knowledge of Florida pool safety laws can help you understand the legal rights and responsibilities of everyone involved.

Even non-fatal drowning accidents commonly cause brain damage, developmental disabilities and memory problems that can profoundly affect the future of your child. The attorneys at Larson Johnson, P.L. have the experience and insight to effectively investigate and pursue these claims. Contact us for a free initial consultation to learn how we can help.

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