Are Property Owners Liable for Swimming Pool Accidents?

 Posted on February 14, 2025 in Premises Liability

Unfortunately, far too many children drown in swimming pools or suffer catastrophic injuries. Between 2019 and 2021, about 360 children fatally drowned in swimming pools or hot tubs each year, while about 6,500 children visit ERs annually after being injured in a near-drowning accident.

While a child of any age can potentially drown or have a near-drowning incident, those who are five years old or younger are particularly vulnerable, representing 75 percent of all drowning deaths and 77 percent of non-fatal injuries. Chicago residents look forward to summer after months of icy cold and biting wind, and there is nothing quite like spending time at a pool on a sunny day.

However, those with swimming pools must take steps to ensure children cannot access the pool when there are no adults present. When pool owners fail to follow the laws in place that are meant to protect children from tragic swimming pool incidents, they may be responsible for resulting injuries or death. If your child has suffered a serious or fatal swimming pool accident, it is time to speak to a knowledgeable Chicago, IL premises liability injury attorney who can help you secure some measure of justice.

What is an "Attractive Nuisance?"

The state's swimming pool laws fall under premises liability. Swimming pools are often known as an "attractive nuisance."  All property owners with a pool must be aware that the pool can be enticing to children. Even though a child might be technically trespassing, the law requires owners to treat a trespassing child in the same manner as an "invitee" would be treated.

An invitee is a person who is invited to enter a property for a lawful purpose. A customer in a store, a person in a public library or public park, a person in a restaurant, or a guest at a social event are all considered invitees. Trespassing children must be safeguarded from the dangers of swimming pools.  

The Illinois Department of Public Health regulates all public swimming pools in the state to ensure their safety. Public pools must have a fence that is at least 48 inches high surrounding the pool. The fence must be constructed with materials that make it difficult for a child to climb. The bottom of the fence may not have more than four inches between the fence and the ground. All entrances to the swimming pool must be equipped with lockable, self-closing, self-latching gates.

Owners of residential swimming pools must have a fence or wall at least 42 inches tall around the pool, along with a lockable, self-closing gate. Above-ground pools or above-ground jacuzzies taller than 42 inches are not required to have a fence or barrier. In Cook County, pool owners must apply for a permit from the IDPH (Illinois Department of Public Health) and then submit the permit to the Cook County Building and Zoning Department.  

What Are the Most Common Causes of Swimming Pool Injuries?

Public pools have a high risk of injuries and drownings. Some of the most common causes of swimming pool injuries include:

• Inadequate levels of supervision
• Faulty fencing and gates
• Improper management of  pool chemicals
• Slippery surfaces surrounding the pool
• Shallow areas that are not properly marked
• Inadequate signage
•  Lack of rescue hooks and life rings
• Electrical hazards.

Are Pool Owners Liable for Accidents and Injuries?

Property owners must ensure their property is reasonably safe and free of hazards. If a swimming accident results in drowning, the owner may be liable for a wrongful death claim. If the accident results in injuries, the owner could be liable for a premises liability claim. Some public pools require guests to sign waivers. If a waiver is signed, this does not necessarily limit liability, particularly if the waiver is not in compliance with legal requirements or the language lacks clarity.

Contact a Chicago, IL Personal Injury Lawyer

Swimming pool accidents can be devastating. If your child was injured in a swimming pool accident or drowned in an unsecured swimming pool, you need a Chicago, IL accident attorney from Winters Salzetta O'Brien & Richardson, LLC who can help you navigate the complexities of such a claim and ensure you receive equitable compensation. To schedule your free consultation, call 312-236-6324 today.