While our personal injury lawyers have previously discussed the Florida 5th DCA case of Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc. as it relates to negligent supervision, this blog considers a different issue. Although many drowning accidents in Florida result from lack of adequate supervision, trespassing children can receive special protection under the law. Swimming pools pose a unique risk to young children who often lack the maturity and experience to understand the threat of drowning or severe injury including brain damage from oxygen deprivation.
Although the main issue in the case involved the absence of a lifeguard or other supervision, drowning incidents sometimes involve children who wander onto property with a pool without express or implied permission. Lawsuits arising out of swimming pool drownings on the property of another are governed by premises liability law. When a person is injured by a hazard on the property of a third party, the individual’s purpose for being on the property will dictate the duty of care owed by the owner. Continue reading →