Swimming Pool Accidents

Determining who may be liable for a swimming pool injury can be difficult. Any time a person, organization, or business owes a duty to maintain a safe swimming environment or monitor the safety of swimmers and fails to meet that duty, the responsible party can be liable for negligence if an injury occurs. A plaintiff could make a claim for negligence against a lifeguard or pool manager if poor supervision of a pool area led to an injury. Improper maintenance of a pool area, such as failure to keep a diving board or other piece of equipment in good repair, could also give rise to a negligence claim.

Manufacturers or installers of parts or materials in a swimming pool could also be liable for damages under the theory of products liability if their materials are defective, poorly-designed, or poorly-installed. Defective pool drains, for example, can cause catastrophic injury to someone caught while it is draining. Poorly-installed pool materials can crack or come loose in the water and injure swimmers or divers. People injured because of such a defect may have a claim for damages.

Owners of property where a pool is located could be liable to people injured in the pool if the injury resulted from a dangerous condition in or near the pool. This could include a homeowner or a hotel or resort. Conditions could include unrepaired damages or poorly-maintained premises that cause people to slip and fall, or suffer an injury in the water. Property owners who fail to secure a pool, such as with a fence or gate, could be liable for injuries suffered by children, even if the children entered the pool without permission. This is often known as the “attractive nuisance” rule.