Child Swimming Pool Accident Lawyers
Privately owned swimming pools are more common now than ever before, and community, school and hotel pools remain popular in neighborhoods of all kinds. Pools let families spend time together and find relief from the summer heat. Sadly, when a pool is not properly fenced, maintained or supervised, they can also lead to tragedy. This page focuses on injuries caused by unsafe pools and the people responsible for them. If your child was harmed in or under the water, our page on drowning accidents explains those cases in more detail.
If your child has been injured in a swimming pool accident because of someone else’s negligence or a defective product, attorney Jeffrey Killino and our team can help. Call 878-888-7878 for a free, confidential case review.
Common pool injury cases include:
- Diving board and shallow-water diving injuries
- Pool drain entrapment injuries
- Electrocution from faulty pool wiring or lighting
- Slip and fall injuries on wet pool decks
- Injuries caused by a failure to supervise
What Safety Rules Must Pool Owners Follow?
Anyone who owns a pool, public or private, has an important responsibility to make sure it is not a danger to children. The laws vary from state to state, but most states set similar rules.
Rules for Public Pools
States generally require owners and operators of public pools to:
- Provide trained lifeguards during the hours children are allowed to swim, and post those hours clearly
- Post pool rules where everyone can see them, such as no running and no diving into shallow water
- Mark water depths clearly around the pool
- Supply and maintain life-saving equipment that is easy to reach
Rules for Private Pools
Most states require owners of private pools, such as a pool in a backyard, to put up fencing that keeps out children who have not been invited onto the property. These laws usually set fence height and construction requirements. The American Academy of Pediatrics recommends a fence at least 4 feet high that completely surrounds the pool, with a self-closing, self-latching gate. Pool alarms and covers add further protection.
How Do Drain Entrapment Injuries Happen?
Pool and spa drains create strong suction. If a drain cover is broken, missing or the wrong type, a child’s hair, swimsuit, limbs or body can be pulled against the drain and held underwater. Drain entrapment can also cause serious internal injuries even when the child is freed quickly.
Federal law, the Virginia Graeme Baker Pool and Spa Safety Act, requires public pools and spas to use anti-entrapment drain covers and, in many cases, additional safety systems. Children should never be allowed in a pool with a broken or missing drain cover. When a pool operator ignores these rules, or a drain cover or pump is defective, the operator or manufacturer can be held responsible.
Who Is Responsible for Diving Injuries?
Diving into water that is too shallow can cause skull fractures, spinal cord injuries and paralysis. Cuts, bruises and head injuries are also common when children are allowed to run on slippery pool decks.
Responsibility for a diving injury can fall on a pool owner who failed to mark water depths or post no-diving signs, an operator who allowed diving in a shallow area, or the maker of a diving board or slide that was defective or installed over water that was not deep enough.
What Supervision Must Public and Hotel Pools Provide?
Public pools, hotels, apartment complexes, water parks, schools and summer camps must take reasonable steps to keep children safe. That usually means trained lifeguards who are watching the water, not distracted, during posted hours, enough staff for the number of swimmers, and clear rules that are actually enforced. Where a pool has no lifeguard, it must say so clearly and keep the pool area locked when it is closed.
When a lifeguard leaves their post, a camp counselor stops watching a group of children, or a hotel leaves a pool gate unlocked overnight, the business or organization can be held responsible for the injuries that follow.
Who Can Be Held Responsible for a Pool Injury?
Depending on what happened, several legal theories can apply.
Premises Liability
Premises liability is the area of law that applies when someone is hurt because of the condition of land, a building or other property, including a swimming pool. It varies from state to state, but in general an owner must keep the property reasonably safe for people who are invited or allowed onto it. In many states, owners owe a much smaller duty to trespassers.
Attractive Nuisance
An important exception protects children. Under the attractive nuisance doctrine, a pool is the kind of hazard that is likely to draw a child onto a property. Because of this, a pool owner can owe a duty to keep the pool safe even from trespassing children. This is the main reason state laws require adequate fencing around private pools.
Product Liability
Some pool injuries are caused by defective products. If a pool’s wiring or an electrical component is defective and causes an electrocution, or a drain cover, pump or diving board fails, a claim may be brought against the manufacturer. The American Academy of Pediatrics also recommends that pool rescue equipment be made of fiberglass or another material that does not conduct electricity.
Negligent Supervision
Pool operators, schools, daycares, camps and other caregivers can be held responsible when a child is injured because no one was properly watching.
How Can a Swimming Pool Accident Lawyer Help?
If your child was hurt in or around a swimming pool because of someone else’s negligence or a defective product, attorney Jeffrey Killino and our team can investigate what happened, preserve evidence such as drain covers, fencing and inspection records, and pursue compensation for your child’s medical care, therapy and future needs. Call us at 878-888-7878 or fill out our contact form for a free, confidential case review.
