Slip, fall and unsafe property

Swimming Pool Injuries

By Million Dollar Lawyer Editorial Team · Updated

Swimming pool injury picture of pool

A child slipped through a gate to a backyard pool. A swimmer hit the bottom of a hotel pool that was shallower than it looked. Someone you love was pulled from the water at an apartment complex or a city pool. If you’re overwhelmed and unsure what to do first, that’s a normal response to something no family should have to go through.

Here’s the plain answer. Whoever owns or controls a pool can be responsible when they didn’t use reasonable care about a danger they knew about, or should have found, such as a broken gate latch, a missing drain cover or wrong depth markings. This is usually a premises liability claim, and what the owner owed depends on the kind of pool and why the person was there. In Michigan, pools run by a city, a school or the State come with immunity rules and a written notice that can be due within 120 days. Michigan’s rules are in the boxes marked “In Michigan.”

The hard part is usually proof. The fence, the gate, the drain cover, the video and the pool’s records are in the owner’s hands, and the owner’s insurer handles claims like this every day.

Hurt at a pool, or lost someone, and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.

How common are pool drownings and injuries?

According to the CDC, “More children ages 1–4 die from drowning than any other cause of death” (Drowning Facts, updated January 27, 2026). More than 4,500 people drowned each year in the U.S. in 2020–2022, and drowning among children ages 1–4 rose 28% from 2019 to 2022 (CDC, 2024).

Most drownings of children ages 1–4 happen in swimming pools (CDC). The Consumer Product Safety Commission counted an average of 376 reported pool- or spa-related drowning deaths a year among children under 15 in 2021–2023. Of those children, 77% were younger than 5, and 71% died at a home, their own or someone else’s. From 2023 through 2025, an estimated 5,900 children under 15 a year were treated in emergency departments after non-fatal pool or spa drownings, and 42% of them were admitted to the hospital or transferred to another one (CPSC, May 2026).

What injuries happen at pools?

  • Drowning and non-fatal drowning. A non-fatal drowning can end with anything from no injury to “very serious injuries such as brain damage or permanent disability” (CDC). Someone who is drowning usually can’t shout for help (MedlinePlus).
  • Diving injuries. Diving into shallow water is a major cause of spinal cord injury, and an injury high in the spine can weaken or paralyze the arms and legs (MedlinePlus).
  • Drain entrapment. A drain or other suction outlet can trap a swimmer’s hair, a limb or the body; CPSC staff knew of 11 victims in 2014–2018, all under 15, 2 of whom died (CPSC, 2019). The federal pool safety law is named for Virginia Graeme Baker, a 7-year-old who died in 2002 after a drain entrapment in a hot tub (CPSC).
  • Chemical injuries. Pool chemicals led to an estimated 13,508 emergency department visits in 2015–2017, more than a third for children under 18, most often when people breathed fumes or dust, chemicals weren’t secured away from children, or chemicals were added just before someone got in the water (CDC, 2019).

Who is responsible for a pool injury or drowning?

Usually whoever owned or controlled the pool: a homeowner, a landlord or condominium association, a hotel or club, or a city or school. The companies that built the pool or made its equipment can share responsibility.

Backyard and neighbors’ pools

Most child pool drownings happen at a home, the child’s own or someone else’s, such as a relative’s, a friend’s or a neighbor’s (CPSC). A child who was invited over is usually a social guest; a child who wandered in uninvited is a trespasser, but special rules for children may apply (below). If the owner is someone you know, it may help to know that homeowners policies typically include liability coverage for claims others make against the homeowner, and premises medical coverage, which “pays the medical expenses of others accidentally injured on your property” (Michigan Department of Insurance and Financial Services).

Apartment, condominium and HOA pools

The landlord or association usually controls a shared pool. In Michigan, pools at apartment complexes, clubs and subdivisions are “public swimming pools” under state law (though not a pool serving four or fewer apartment or condominium units), so they need a state license and must follow the state pool rules below (MCL 333.12521, 333.12527).

Hotel and resort pools

In Michigan, hotel guests are generally invitees, “entitled to the highest level of protection under premises liability law” (Janini; M Civ JI 19.01). A hotel pool is usually a licensed public swimming pool (MCL 333.12521, 333.12527), but it may have no lifeguard. The state rules require lifeguards only at pools “owned or operated by a government, a governmental subdivision or agency, a public corporation, or a school,” pools with more than 2,400 square feet of water surface in the enclosure, and pools with a diving board. If lifeguards aren’t required and aren’t provided, a sign in letters at least 4 inches high must warn that no lifeguard is on duty (Mich Admin Code R 325.2198). See injury claims against hotels.

City, school and state pools

Claims over a government-run pool face extra hurdles. See claims over dangerous public property, which also covers notice rules in other states.

Pool builders and product makers

A claim can also reach whoever built the pool or made a part that failed, such as a drain cover, ladder, slide or diving board. In Michigan, a claim that an injury came from how a product was designed, made, sold or labeled, or from its warnings or instructions, is a product liability claim (MCL 600.2945(h), (i)); see how product liability claims work. Drain covers made or sold in the U.S. must meet the federal entrapment standard, now ANSI/APSP/ICC-16 2017 (15 U.S.C. § 8003(b); 16 CFR 1450.3). Waterpark pools are public swimming pools under Michigan law too (MCL 333.12521); for rides, see amusement park injury claims.

When to talk to a pool accident attorney

Talk to one early, before the pool is repaired or a deadline passes, especially in these cases:

  • A drowning or a brain injury. A non-fatal drowning can cause “very serious injuries such as brain damage or permanent disability” (CDC).
  • A city, school or state pool. Claims against a government face extra hurdles. In Michigan, written notice of a public-building claim is due within 120 days of the injury (MCL 691.1406).
  • An apartment, condominium or hotel pool. The owner, a manager and the companies that built the pool or made its equipment may share responsibility. In Michigan, the duty follows “possession and control,” not just ownership (Janini).
  • A failed drain cover or other product. A claim against its maker is a product liability claim (in Michigan, MCL 600.2945(h)), and the part is key evidence, so ask in writing for it to be kept.

Not sure who controlled the pool, or which rules it had to follow? Get a free case review. Four quick questions, no cost, no obligation.

What safety rules do pool owners have to follow?

Three sets of rules come up most often: a federal drain-safety law, state rules for pools open to the public or to groups, and local codes for home pools.

Federal drain safety. Since December 2008, the Virginia Graeme Baker Pool and Spa Safety Act has required every public pool and spa in the U.S. to have anti-entrapment devices or systems meeting the federal standard, and one with a single main drain that isn’t unblockable needs another safeguard, such as a safety vacuum release system (15 U.S.C. § 8003(c)(1)). “Public” includes pools open to the public, members-only pools, hotel pools and pools for residents of apartment complexes and residential developments (15 U.S.C. § 8003(c)(2)). The law doesn’t itself require fences around home pools; its barrier rules are conditions for federal safety grants to states (15 U.S.C. §§ 8004(b), 8005(a)).

Home pools. Whether a home pool must be fenced depends on state and local codes. The CPSC’s barrier guidelines, which “are not a CPSC standard, nor are they mandatory requirements,” call for a barrier at least 48 inches high and walk-through gates that open outward, away from the pool, and close and latch by themselves; “Some states and localities have incorporated these guidelines into their building codes” (CPSC Pub. 362). The CDC recommends a four-sided fence at least 4 feet high with self-closing, self-latching gates, and says a four-sided isolation fence, separating the pool area from the house and yard, reduces a child’s risk of drowning by 83% compared with three-sided property-line fencing (CDC).

A backyard pool with a wooden deck that runs from the house to the water, with no fence in between

What if a child was hurt?

Children get extra protection, even when they weren’t supposed to be near the pool. Under the attractive nuisance doctrine, an owner can be liable when a trespassing child is hurt by a dangerous artificial condition if, among other conditions, the owner knew or had reason to know children were likely to trespass there, the child was too young to see the risk, and the value of keeping the condition and the burden of removing the danger were slight compared with the risk (Restatement (Second) of Torts § 339, as summarized by Cornell’s Legal Information Institute). Courts differ on ordinary pools: Indiana, for example, has held that the doctrine doesn’t apply to a swimming pool without a hidden danger, because children generally understand the risk of drowning (LII). See how the attractive nuisance doctrine protects children.

What if someone died?

When a drowning takes a life, the family may have a wrongful death claim against whoever was responsible, under the same rules about control, notice and immunity described above.

How long do you have to file?

Each state sets its own deadlines, and claims against a government can need written notice much sooner. For other states, see injury deadlines in every state.

What to do next

  1. Get medical care, and follow up. After a near-drowning, get checked even if the person seems fine (MedlinePlus), and tell every provider how the injury happened.
  2. Save the evidence, and put requests in writing. Photograph the fence, gates, latches, drain covers, depth markings and signs before anything is repaired, and get witnesses’ names. Ask the owner or manager in writing to keep video, maintenance and chemical logs, lifeguard records and any part that failed. In Michigan, public swimming pools report rescues, submersions and accidents given medical attention to EGLE or the local health department (R 325.2199); you can request public records in writing from a public body’s FOIA coordinator, though some are exempt (MCL 15.233(1)).
  3. Find out who ran the pool, and whether it’s public. If a Michigan city, school or state agency ran it, a 120-day notice deadline may apply, and it started on the day of the injury.
  4. Be careful what you say and sign. You don’t have to give the other side’s insurer a recorded statement, and it’s safer not to before you’ve had advice. Don’t sign a release before you know the full extent of the injuries; see talking to an insurance adjuster.
  5. Talk to a lawyer well before the first deadline. Get a free case review, or compare Michigan injury lawyers.

What waiting can cost

  • Evidence. Gates, latches and drain covers get repaired or replaced, and video gets recorded over.
  • A claim against a Michigan city, school or the State. Notice for a public-building claim is due within 120 days of the injury (MCL 691.1406). Plan on 120 days even when a child was hurt: a longer 180-day period for children doesn’t clearly cover every agency (MCL 691.1404(3)).
  • The right to sue. Most Michigan claims must be filed within 3 years (MCL 600.5805(2)).

What a good outcome looks like

Whoever was responsible for the pool answers for what it should have done, whether that was a fence, a gate latch, a drain cover or a lifeguard. Medical care, including care a child will need in the years ahead, is paid for by those responsible, every notice goes out on time, and if someone died, the family is compensated for the losses the law recognizes. From wondering whether anyone can be held responsible to knowing who controlled the pool, which rules it had to follow and which deadlines apply to your family.

For more guides on injuries caused by unsafe property, browse slip, fall and unsafe property claims.

Frequently asked questions

Who is responsible if a child drowns or is hurt in a neighbor's pool?

It depends on how the child got there and what the owner knew. In Michigan, a child invited over as a social guest is a licensee, owed a warning about dangers the owner knew or should have known of, if the child had no reason to know of them (M Civ JI 19.01, 19.06). A child who wandered in uninvited is a trespasser, but an owner can still be liable for an artificial condition, such as a pool, if the owner knew or had reason to know children were likely to trespass there and realized or should have realized the condition posed an unreasonable risk of death or serious bodily harm to a child, the child was too young to realize the risk, the value of keeping the condition and the burden of removing the danger were slight compared with the risk, and the owner didn't use reasonable care (MCL 554.583(2)(d)). Homeowners policies typically include liability coverage for claims others make against the homeowner (Michigan Department of Insurance and Financial Services).

Does a hotel or apartment pool in Michigan need a lifeguard?

Not always. Michigan's public pool rules require lifeguards, except at wading pools and spas, only when the pool is 'owned or operated by a government, a governmental subdivision or agency, a public corporation, or a school,' has more than 2,400 square feet of water surface in the enclosure, or has a diving board. Then there must generally be 1 lifeguard for every 75 people in the pool. Where lifeguards aren't required and aren't provided, the owner must prominently post a sign, in letters at least 4 inches high, warning that no lifeguard is on duty (Mich Admin Code R 325.2198).

Can you sue a city or school after a drowning at a public pool in Michigan?

Sometimes, but governmental immunity makes it hard. A government agency is immune while carrying out a governmental function unless an exception applies (MCL 691.1407(1)). The public-building exception covers a dangerous or defective condition of a public building that the agency failed to repair or maintain, not its design, and written notice is due within 120 days of the injury (MCL 691.1406; Renny v Department of Transportation, 2007). An outdoor city pool and its fence have been held not to be a public building at all (Summers v City of Detroit, 1994). A lifeguard or other employee is immune unless their gross negligence was 'the proximate cause' of the injury (MCL 691.1407(2)(c)); in Beals v Michigan (2015), a lifeguard at a state facility was held immune in a student's drowning.

Is a swimming pool an attractive nuisance?

It can be, depending on the facts and the state. The doctrine can let a trespassing child recover for an injury from a dangerous artificial condition when, among other conditions, the owner knew or had reason to know children were likely to trespass there, the child was too young to realize the risk, and the value of keeping the condition and the burden of removing the danger were slight compared with the risk (Restatement (Second) of Torts § 339, as summarized by Cornell's Legal Information Institute). Courts differ on ordinary pools: Indiana, for example, has held that the doctrine doesn't apply to a swimming pool without a hidden danger. Michigan's version is in its Trespass Liability Act (MCL 554.583(2)(d)).

How long do you have to file a pool injury or drowning claim in Michigan?

Generally 3 years from the injury or death (MCL 600.5805(2)). A child hurt before turning 18 can also sue up to one year after their 18th birthday, even if the 3 years have run (MCL 600.5851(1)). A parent's own claim for the child's medical bills doesn't get that extra time, so plan on 3 years from the injury (Walter v City of Flint, 1972). If the person died before their deadline ran out, the estate's personal representative may have up to 2 years after letters of authority are issued, but no more than 3 years after the original deadline (MCL 600.5852). A claim against a city, school or the State under the public-building exception needs written notice within 120 days of the injury (MCL 691.1406).

Should someone see a doctor after a near-drowning if they seem fine?

Yes. MedlinePlus, from the National Library of Medicine, says everyone who has had a non-fatal drowning should be checked by a health care provider, because lung complications are common even when the person quickly seems OK. Anyone who needed any form of resuscitation, even rescue breathing alone, should be taken to a hospital for evaluation, even if they seem alert and are breathing well.

When should I talk to a pool accident attorney?

As early as you can after a drowning or any serious pool injury, before the pool is repaired or a deadline passes. It matters most if a city, school or the State ran the pool: in Michigan, written notice of a public-building claim is due within 120 days of the injury (MCL 691.1406). A lawyer can also help sort out who is responsible at an apartment, condominium or hotel pool, where whoever controlled the pool may not be its owner (Janini v London Townhouses Condominium Ass'n, 2024), and whether the maker of a failed drain cover or other product shares the blame.

Sources

  1. Drowning Facts (updated January 27, 2026) · Centers for Disease Control and Prevention
  2. Risk Factors for Drowning (updated January 27, 2026) · Centers for Disease Control and Prevention
  3. Preventing Drowning (updated September 29, 2025) · Centers for Disease Control and Prevention
  4. Vital Signs: Drowning Increases in the U.S. (updated June 18, 2024) · Centers for Disease Control and Prevention
  5. Pool Chemical Injuries in Public and Residential Settings — United States, 2008–2017, and New York, 2018 (MMWR, May 17, 2019) · Centers for Disease Control and Prevention, via PubMed Central (National Library of Medicine)
  6. Pool or Spa Submersion: Estimated Nonfatal Drowning Injuries and Reported Drownings, 2026 Report (May 2026) · U.S. Consumer Product Safety Commission
  7. 2014–2018 Reported Circulation/Suction Entrapment Incidents Associated with Pools, Spas, and Whirlpool Bathtubs, 2019 Report (May 2019) · U.S. Consumer Product Safety Commission
  8. CPSC Hails Successes of Virginia Graeme Baker Pool & Spa Safety Act as Law Hits 10-Year Mark (December 19, 2017) · U.S. Consumer Product Safety Commission
  9. Safety Barrier Guidelines for Residential Pools (Publication 362) · U.S. Consumer Product Safety Commission
  10. 15 U.S.C. § 8003, Federal swimming pool and spa drain cover standard · Office of the Law Revision Counsel, U.S. House of Representatives
  11. 15 U.S.C. § 8004, Swimming pool safety grant program · Office of the Law Revision Counsel, U.S. House of Representatives
  12. 15 U.S.C. § 8005, Minimum State law requirements · Office of the Law Revision Counsel, U.S. House of Representatives
  13. 16 CFR 1450.3, Virginia Graeme Baker Pool and Spa Safety Act regulations: incorporation by reference (ANSI/APSP/ICC-16 2017) · Electronic Code of Federal Regulations (eCFR)
  14. Non-fatal drowning (MedlinePlus Medical Encyclopedia, reviewed October 14, 2025) · National Library of Medicine, National Institutes of Health
  15. Spinal cord trauma (MedlinePlus Medical Encyclopedia, reviewed April 13, 2026) · National Library of Medicine, National Institutes of Health
  16. Water Safety · American Red Cross
  17. 988 Suicide & Crisis Lifeline · Substance Abuse and Mental Health Services Administration
  18. Public Act and Rules Governing Public Swimming Pools (Rev. 11/2025) · Michigan Department of Environment, Great Lakes, and Energy
  19. Mich Admin Code R 325.2111 to R 325.2199, Public swimming pools · Michigan Office of Administrative Hearings and Rules
  20. MCL 333.12521, Public swimming pools: definitions · Michigan Legislature
  21. MCL 333.12524, Public swimming pools: periodic inspections · Michigan Legislature
  22. MCL 333.12527, Public swimming pools: license required · Michigan Legislature
  23. MCL 333.12531, Order to prohibit use of a swimming pool · Michigan Legislature
  24. MCL 691.1401, Governmental tort liability act: definitions · Michigan Legislature
  25. MCL 691.1404, Notice of injury and defect; service; notice to the State; injured children · Michigan Legislature
  26. MCL 691.1406, Public buildings; dangerous condition; notice · Michigan Legislature
  27. MCL 691.1407, Governmental immunity from tort liability; gross negligence · Michigan Legislature
  28. MCL 691.1411, Claims against government agencies; limitation of actions · Michigan Legislature
  29. MCL 600.6431, Court of Claims; notice of intention to file a claim against the State · Michigan Legislature
  30. MCL 600.6452, Court of Claims; limitation of actions against the State · Michigan Legislature
  31. MCL 600.5805, Injuries to persons or property; periods of limitations · Michigan Legislature
  32. MCL 600.5851, Claims by minors; year of grace · Michigan Legislature
  33. MCL 600.5852, Death before the period of limitations has run; personal representative · Michigan Legislature
  34. MCL 600.2922, Death by wrongful act, neglect, or fault of another · Michigan Legislature
  35. MCL 600.5839, Limitations on actions against architects, engineers and contractors · Michigan Legislature
  36. MCL 600.2945, Product liability actions: definitions · Michigan Legislature
  37. MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
  38. MCL 554.583, Trespass liability act: duty of care to trespassers, including child trespassers · Michigan Legislature
  39. MCL 554.139, Residential leases; covenants of fitness and repair · Michigan Legislature
  40. MCL 15.233, Freedom of Information Act: right to inspect or receive copies of public records · Michigan Legislature
  41. Sewell v Southfield Public Schools, 456 Mich 670 (1998) · Michigan Supreme Court, via the Caselaw Access Project, Harvard Law School
  42. Renny v Department of Transportation, 478 Mich 490 (2007) · Michigan Supreme Court, via the Caselaw Access Project, Harvard Law School
  43. Beals v Michigan, 497 Mich 363 (2015) · Michigan Supreme Court, via the Caselaw Access Project, Harvard Law School
  44. Ray v Swager, 501 Mich 52 (2017) · Michigan Supreme Court
  45. Kandil-Elsayed v F & E Oil, Inc; Pinsky v Kroger Co of Mich, 512 Mich 95 (decided July 28, 2023) · Michigan Supreme Court
  46. Janini v London Townhouses Condominium Ass'n (Docket No. 164158, decided July 11, 2024) · Michigan Supreme Court
  47. Allison v AEW Capital Management, LLP, 481 Mich 419 (2008) · Michigan Supreme Court
  48. Molitoris v Saint Mary Magdalen Catholic Church, No. 166699, order granting leave to appeal (May 22, 2026) · Michigan Supreme Court
  49. Michigan Model Civil Jury Instructions (updated July 21, 2026): M Civ JI 10.06, 10.07, 12.03, 12.05, 13.08, 19.01, 19.03, 19.06, 19.07A, 50.05 and 50.07 · Michigan Supreme Court, Committee on Model Civil Jury Instructions
  50. Attractive nuisance doctrine · Legal Information Institute, Cornell Law School
  51. Your Guide to Homeowners Insurance: For Michigan Consumers · Michigan Department of Insurance and Financial Services
  52. Gumienny v Hess, 285 Mich 411 (1938) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
  53. Walter v City of Flint, 40 Mich App 613 (1972) · Michigan Court of Appeals, via the Caselaw Access Project (Harvard Law School)
  54. Summers v City of Detroit, 206 Mich App 46 (1994) · Michigan Court of Appeals, via the Caselaw Access Project (Harvard Law School)

Updated September 29, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

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