We hold negligent owners, HOAs, hotels, and vacation rentals accountable across Escambia and Santa Rosa County.
If you or your child has been injured in a Florida swimming pool accident, you may be able to pursue a civil negligence claim against the pool’s owner, operator, lifeguard service, or, when defective equipment is involved, the manufacturer. Pensacola pool accident lawyer Joe Zarzaur has recovered record-setting verdicts for injury victims and their families. Call (850) 444-9299 for a free 24/7 case review – you’ll be charged no fee unless we win!
Who is liable in the case of a swimming pool accident injury or accidental drowning in the state of Florida?
In most cases, property owners are liable for an accident in a swimming pool. This is the case whether the accident occurred at a private residence, public pool, or private club. However, this does not suggest that all accidents are the fault of property owners. Whether the property owner was liable depends on the circumstances of your accident, how well the pool was maintained, and why you were on the property.
If you have been injured in someone else’s pool and believe it happened due to negligence, the defendant may face two different types of charges. The Florida Residential Swimming Pool Safety Act (RSPSA) holds that a breach of the Act is a second-degree misdemeanor, which only carries a sentence of up to 60 days in jail plus a $500 fine. However, in addition to the criminal charges, you will still generally be able to file a civil lawsuit against the defendant based in negligence – that is, arguing that if not for the defendant’s negligence, your injuries would not have occurred. In this case, you will need an experienced Pensacola swimming accident lawyer like Joe Zarzaur.
What Is Negligence in Swimming Pool Accidents?
Negligence is a legal principle that holds people or entities accountable for injuries caused by their wrongdoing. Every person in society has a duty to act with reasonable care to avoid causing harm to others. When the failure to take reasonable care results in injury to another person, a person or entity will be held financially responsible for the damages suffered by the victim.
In order to succeed on a claim based on negligence, the victim must prove the elements of negligence. The victim must prove that the wrongdoer owed them a duty of care. For example, if the swimming pool is on public property, the property manager has a duty to maintain the pool and regularly inspect it for possible harmful conditions. Public swimming pools must also adhere to labeling standards to warn the public about certain conditions of the pool such as its depth, and other adequate warnings for pool safety. Some public swimming pools are required to have trained lifeguards on site to ensure the safety of swimmers. Where the swimming accident is related to equipment malfunction, the manufacturer or installer of the equipment may be the parties who owe the victim a duty of care.
The Importance of Hiring an Experienced Pool Accident Lawyer
After proving that the wrongdoer owed the victim a duty of care, the victim must prove that the wrongdoer breached their duty of care. This simply means that the wrongdoer failed to take reasonable steps to avoid causing harm to others. Their actions or omissions fell below the standard of care expected of them.
Next, the victim must prove that the wrongdoer’s breach of their duty was the proximate cause of the victim’s injuries. This can get complicated in some cases, but an experienced Pensacola swimming pool accident attorney has the skill required to identify the proximate cause of the victim’s injury. Where there are multiple parties that could be held responsible for your injury, it is important that they are all identified and action is taken against them all to recover the compensation you are entitled to. Your lawyer will have the resources and expertise to investigate and reveal all the responsible parties in your case.
Finally, the victim must have suffered damages because of their injury. Damages could be losses related to medical bills, lost wages, and pain and suffering. A skilled Pensacola swimming pool accident lawyer will be able to assess your case and compute the value of your damages. If you have been injured by a drowning or swimming pool accident, it is advisable that you do not accept any settlement before you speak with your lawyer. What the other party may be offering may be far below the value of your damages.
Premises liability laws
Premises liability laws require property owners to ensure the safety of visitors to their property. Specifically, premises liability requires that property owners exercise “ordinary care” when guests are on their property. And that extends to public and private pools as well. The property owner’s exercise of care differs for different classes of people on their property. They owe the highest duty of care to invitees. These are children or adults who have a legal right to enter the property for a purpose connected with the property owner’s business or for a purpose of mutual benefit.
As it relates to pools, property owners must meet and maintain certain safety standards. If they fail to meet these standards and you or a loved one suffers an injury, they may be liable for those injuries.
Pensacola Premises Liability Lawyer Joe Zarzaur is a Board Certified Civil Trial Lawyer who has returned record-setting verdicts for his clients.
Contact us today for a free case evaluation.
Frequently Asked Questions
What does a swimming pool lawyer do?
A swimming pool lawyer represents people who were injured or families who lost a loved one in a pool, spa, or drowning incident, and pursues compensation from the negligent owner, operator, or equipment manufacturer. A swimming pool accident lawyer investigates how the incident happened, identifies every responsible party (homeowner, HOA, hotel, vacation rental, public pool operator, lifeguard service, pump or drain manufacturer), preserves evidence, files insurance and civil claims, and either negotiates a settlement or takes the case to trial. In Pensacola, Joe Zarzaur is a Florida Bar Board Certified Civil Trial Lawyer who handles pool injury and drowning cases throughout Escambia and Santa Rosa County.
When should I hire a swimming pool lawyer?
You should contact a swimming pool lawyer as soon as possible after a pool accident, ideally before speaking with any insurance adjuster or signing anything. Critical evidence in pool cases (water chemistry logs, surveillance video, drain covers, gate hardware, lifeguard schedules, inspection records) disappears within days or weeks. Florida also imposes a strict 2-year deadline to file most negligence lawsuits (FL Stat §95.11, as amended in 2023), and even shorter notice deadlines apply if a public or government-owned pool is involved. Calling a Pensacola swimming pool lawyer early protects evidence and your filing deadline.
How much does a swimming pool lawyer cost?
Most swimming pool lawyers, including Zarzaur Law, work on a contingency fee. You pay nothing up front and nothing at all unless we recover money for you. The fee is a percentage of the recovery, agreed to in writing before representation begins, and the firm typically advances case costs (expert witnesses, medical records, accident reconstruction, court fees). If there is no recovery, you owe no attorney’s fee. This means a family in Pensacola, Pensacola Beach, Perdido Key, Gulf Breeze, or Navarre can hire an experienced swimming pool accident lawyer regardless of their financial situation.
Who can be held liable for a swimming pool accident in Florida?
In Florida, liability for a swimming pool accident can fall on the property owner, an HOA or condo association, a hotel or short-term rental operator, a public pool operator, a lifeguard service, and/or the manufacturer of defective pool equipment. Florida’s Residential Swimming Pool Safety Act (FL Stat §515) requires barriers, alarms, or safety covers on residential pools, and the federal Virginia Graeme Baker Pool & Spa Safety Act regulates drain covers in public pools. A swimming pool lawyer identifies every responsible party; multiple defendants often share fault, which can substantially increase the available compensation.
How long do I have to file a swimming pool accident claim in Florida?
In most Florida swimming pool accident cases, you have 2 years from the date of injury to file a lawsuit, under Florida Statute §95.11 as amended in March 2023. Wrongful death claims also generally carry a 2-year deadline. If the pool is owned by a city, county, or state entity, a separate written notice must be served on the agency within 3 years, and you must wait through a 180-day investigation period before suing, so the practical deadlines are much shorter. A swimming pool lawyer can confirm the exact deadlines that apply to your case before evidence and rights are lost.
Can I sue a hotel, resort, or vacation rental for a pool accident?
Yes: hotels, resorts, condo rentals, and Airbnb-style short-term rentals owe guests a high duty of care and can be held liable when a defective gate, missing barrier, broken drain, unsupervised pool, or unsafe deck surface causes an injury or drowning. This is especially common along the Gulf Coast, where Pensacola Beach, Perdido Key, Navarre Beach, and Destin properties draw millions of visitors each year. A swimming pool lawyer will pull inspection records, prior incident reports, maintenance logs, and surveillance footage to prove the operator knew, or should have known, about the hazard.
Can I sue an HOA or condo association for a pool injury?
Yes: Florida HOAs and condo associations that own or maintain a community pool have a legal duty to keep it reasonably safe, and they can be sued when negligent maintenance, missing barriers, broken gates, or absent safety equipment lead to an injury. Common HOA pool claims involve unsecured access points, defective pool drains, slip-and-fall on unmaintained decks, and chemical injuries from poorly managed water. The association’s general liability insurance policy is usually the source of recovery. A swimming pool accident lawyer will obtain board minutes, maintenance contracts, and inspection records to establish notice of the dangerous condition.
What if a child trespassed into a pool and was injured?
Under Florida’s “attractive nuisance” doctrine, a pool owner can still be held liable when a child trespasses and is injured or drowns, because pools are recognized as inherently appealing and dangerous to children. Florida’s Residential Swimming Pool Safety Act requires at least one safety feature: a 4-foot barrier, an approved safety cover, exit alarms on doors leading to the pool, or a self-closing/self-latching gate. When an owner fails to maintain those barriers and a child accesses the pool, the owner can face both a criminal misdemeanor charge and a civil negligence lawsuit. A Pensacola swimming pool lawyer can pursue compensation for the child’s injuries even when no adult invited the child onto the property.
What damages can a swimming pool lawyer help me recover?
A swimming pool lawyer can pursue compensation for medical bills, future medical care, lost wages, lost earning capacity, pain and suffering, disfigurement, and, in fatal cases, wrongful death damages including loss of support and companionship. Near-drowning cases often involve hypoxic brain injury, which can require lifetime care costing several million dollars; an experienced swimming pool accident lawyer works with life-care planners and economists to fully document those future losses. Florida also allows punitive damages in cases of gross negligence; for example, a property owner who knowingly disabled pool alarms or removed required barriers.
How is a swimming pool lawyer different from a general personal injury lawyer?
A swimming pool lawyer brings specialized knowledge of Florida’s pool barrier statutes, federal drain-cover regulations, attractive nuisance doctrine, public pool inspection rules, and the medical reality of drowning and near-drowning injuries. Pool and drowning cases turn on specific evidence: water clarity, drain compliance, fence hardware, alarm logs, lifeguard certification, and pediatric resuscitation timelines. Zarzaur Law’s team of premise liability lawyers has the trial credentials and case experience required to take a Pensacola pool accident or drowning case to verdict if the insurer refuses a fair settlement.