According to the latest data from the Centers for Disease Control and Prevention (CDC), over 4,000 Americans die from unintentional drowning each year, with more than 8,000 experiencing non-fatal drowning incidents that require emergency department treatment. Drowning is the leading cause of death for children ages 1-4 and the second leading cause of unintentional injury death for children ages 5-14.
While swimming can be a fun activity and a great form of exercise, it can also lead to tragedy when people aren’t careful.
Common Swimming Pool Injuries and Deaths
Some of the most common causes of swimming pool deaths and swim injuries include:
- Drowning – If a person is submerged under water and suffocates, it is considered a drowning if a death occurs within the first 24 hours after submersion.
- Near drowning – In a near-drowning accident, the victim survives after the 24-hour window of submersion. Research shows that children can drown quickly and silently, with serious injury or death occurring within 30 seconds. Children can drown in just one inch of water, making even shallow pools potentially deadly.
- Entrapment – Entrapment occurs when a suction force causes a person’s body, hair, or clothing to get entangled in the pool. Pool drain deaths are tragically far too common. Entrapment can also occur because of pool toys.
- Diving injuries – A common cause of swimming injuries is diving into shallow water or diving injuries caused by malfunctioning diving boards. These accidents can cause serious head injuries or paralysis.
- Pool slide injuries – Injuries can occur on pool slides when people fall off of them, go down headfirst, or are dropped into shallow water.
- Slips and falls – Some poolside accidents occur when people slip and fall on the ground surrounding the pool.
- Electrical burns and injuries – Electrical defects and malfunctioning electrical systems can have dangerous consequences when combined with a water supply.
- Chemical exposure – The chemicals used to keep pool water sanitary can be dangerous if mishandled or improperly stored. Improper chemical application can lead to skin burns, eye damage, or respiratory distress.
Swimming Pool Owner Law
Property owners, whether public or private, are responsible for keeping their pool in a safe condition. Pool owners know that children may be tempted to swim in their pool, so they are responsible for taking proactive measures to prevent children from coming onto their property uninvited and using the pool without their permission. North Carolina pool owners are required to have fencing around their pools that is at least four feet tall. This barrier must enclose the pool, have a self-closing and self-latching gate out of the reach of children, and contain no gap that is 4 or more inches wide.
Homeowners have a legal duty of care to ensure their private pool is reasonably safe. This includes:
- Installing and maintaining proper barriers and fencing
- Ensuring gates are self-closing and self-latching
- Installing pool covers when the pool is not in use
- Posting warning signs indicating there is no lifeguard on duty
- Providing emergency equipment such as poles and flotation devices
- Warning guests of known dangers
- Maintaining adjacent surfaces to prevent tripping hazards
Property owners who fail to uphold these responsibilities may be financially responsible for injuries that occur, including if a child drowns on their property. Under basic principles of premises liability, property owners may be responsible for compensating victims for damages such as:
- Medical expenses
- Lost wages
- Physical disability
- Pain and suffering
Public Pool vs. Private Pool Liability
Swimming pools are a prime location for water accidents. Public pools and private pools are often regulated by state rules, such as North Carolina’s Public Swimming Pool Rules and South Carolina’s Public Swimming Pools Regulations. Additionally, local governments and municipalities can pass additional ordinances to regulate swimming pools, such as the City of Raleigh’s rules, Mecklenburg County’s ordinance, or the City of Aiken’s permit requirements.
These rules regulate such aspects of swimming pools as:
- Barriers, such as requiring fencing that is at least four feet tall around any below or above-ground pools that do not contain any gap that is 4 or more inches wide
- Gates, such as requiring that gates be installed near pools to limit access to them and that they be self-latching
- Pool covers, such as requiring them if any part of a barrier is a wall of a house or building
- Warning signs, such as requiring a warning that there is no lifeguard on duty
- Emergency equipment, such as a pole and a flotation device, to help prevent accidental drownings
- Water play zones, such as regulating how much turnover time is necessary at kids’ swimming pools, wading pools, or water play zones
- Water source, such as requiring that water in a pool be acceptable for use as potable water
- Drain covers, such as requiring compliance with the Virginia Graeme Baker Pool and Spa Safety Act anti-entrapment standards
- Maximum bather loads, to prevent overcrowding
- Lifeguard requirements, including proper certification and supervision ratios
- Chemical storage and handling, to prevent exposure injuries
How to Prevent Swimming Pool Injuries
Many swimming accidents can be prevented with careful planning and maintenance, such as:
- Teaching children how to swim
- Avoiding drinking or using drugs when swimming
- Always supervise children in a pool
- Not allowing roughhousing in or near the pool
- Properly securing the pool with barriers, fencing, and self-latching gates
- Installing pool alarms on doors and gates that access the pool area
- Ensuring all drain covers comply with the Virginia Graeme Baker Act standards
- Keeping rescue equipment (life rings, shepherd’s hooks) readily accessible
- Learning CPR and keeping a phone nearby for emergencies
- Removing pool toys after swimming to prevent attracting children to the pool
- Maintaining proper water chemistry and clarity
- Conducting regular inspections of all pool equipment and safety features
- Never swimming alone
- Teaching children to stay away from pool drains and suction outlets
- Ensuring adequate lighting for nighttime pool areas
How Stewart Law Offices Can Help
If you or a loved one was hurt in a swimming pool accident, the experienced Columbia personal injury lawyers at Stewart Law Offices can help. Swimming pool injury cases often involve complex premises liability issues, product defects, or negligent supervision claims. Our Columbia slip and fall accident attorneys have extensive experience investigating pool accidents, identifying all liable parties, and securing compensation for victims and their families. Contact us today to learn more about your legal rights and options.