A poolside birthday party for a three-year-old led to the drowning death of a five-year-old boy at the Mosley Motel in St. Petersburg. The parents of Jadan Justice left him in the care of an older sibling and went to their room, with the understanding that the motel pool closed at 8 p.m. An hour later, their son was pulled from the deep end of the pool. Resuscitation attempts failed.
This is an all too common story in Florida, which has more drowning deaths of children ages one to four than any other state. A child can lose consciousness and drown in a short period of time. Given the ubiquity of private and public pools, Florida premises liability laws require that these facilities have reasonable safeguards in place, especially for young children who might be tempted to enter a pool. Residential pools must have a four-foot barrier around the perimeter and a self-closing gate latch.
Hotels and resorts should ensure that there is proper supervision for all children that use their swimming pools. If the property owner is negligent in addressing potential hazards and a child suffers serious injury or death, the owner may be held liable for damages.
While all parties are quick to express horror and sympathy after a child is seriously injured or killed in a swimming pool accident, insurance agents representing the property owner may try to deny or minimize their responsibility. Feldman & Morgado, P.A., understands how important it is to hold negligent parties accountable for any pool accident that harms a child. Contact us if you need help in pursuing justice.