When Is a Pool Owner Responsible for a Drowning Accident in Illinois?

Drowning is a tragic and preventable cause of death, particularly among young children. In Illinois, pool owners—both private and public—have legal responsibilities to ensure the safety of their pools. Understanding when a pool owner may be held liable for a drowning accident is crucial for prevention and legal accountability. In this blog, we will explore when pool owners are responsible for drowning accidents and what parents can do to prevent their children being injured or killed in such accidents.

The Scope of the Problem: Drowning Statistics in Illinois

Drowning is the leading cause of unintentional death for children ages 1 to 4 and the second leading cause for children ages 5 to 14, according to the Centers for Disease Control and Prevention (CDC). In Illinois, the Department of Children and Family Services (DCFS) reported that in 2023, 20 children lost their lives to accidental drowning: eight in pools, four in bathtubs, four in lakes, two in ponds, one in a washing machine, and one at a water park. Thirteen of these children were age 5 and younger, including six who drowned in pools.

These statistics underscore the importance of stringent safety measures and the legal obligations of pool owners to prevent such tragedies.

Legal Framework: Premises Liability and Attractive Nuisance Doctrine

In Illinois, swimming pool accidents fall under the legal concept of premises liability. This means that property owners have a duty to maintain their premises in a reasonably safe condition to prevent injuries to those who enter their premises.

Attractive Nuisance Doctrine

Under the attractive nuisance doctrine, property owners may be held liable for injuries to children who trespass if the injury results from a hazardous object or condition likely to attract children, such as a swimming pool . Even if a child enters the property without permission, the owner may still be liable if they failed to take reasonable steps to secure the pool.

When Is a Pool Owner Liable?

Several factors determine a pool owner’s liability in the event of a drowning:

Failure to Secure the Pool Area

Illinois law requires that residential swimming pools be enclosed by a fence or wall at least 42 inches tall, with a lockable, self-closing gate. Failure to comply with these requirements can be considered negligence, making the owner liable for any resulting drowning accidents.

Inadequate Supervision

Lack of proper supervision is a leading cause of drowning. Pool owners, especially those operating public pools, are expected to provide adequate supervision, such as trained lifeguards. Failure to do so can result in liability for accidents involving children.

Poor Maintenance and Safety Measures

Negligence in maintaining the pool and its safety equipment can also lead to accidents. This includes:

• Failing to keep the pool water clear
• Not repairing broken ladders or diving boards
• Lack of safety equipment like life rings or rescue hooks

Such failures can make the owner liable for any injuries or deaths that occur as a result.

Open and Obvious Doctrine

In some cases, courts may rule that the danger posed by a pool was “open and obvious,” potentially absolving the owner of liability. However, this defense is less likely to succeed when children are involved, as they may not fully comprehend the risks associated with obvious dangers.

Legal Protections for Public Entities

Public entities, such as park districts, may have certain immunities under Illinois law. For example, the Illinois Supreme Court ruled that park districts are immune from liability for injuries occurring during posted hours if they provide supervision. However, this immunity does not extend to situations where there is a failure to provide supervision during those hours.

Best Measures to Prevent Drowning Accidents

To minimize the risk of drowning and legal liability, pool owners should adhere to the following best practices:

• Install Proper Fencing: Ensure that the pool area is enclosed with a fence that meets legal height requirements and has a self-closing, self-latching gate.
• Supervise Children: Never leave children unattended near a pool. Assign a responsible adult to watch children at all times.
• Maintain Clear Water: Keep the pool water clean and clear to ensure visibility.
• Provide Safety Equipment: Have life-saving equipment, such as life rings and reaching poles, readily available.
• Post Warning Signs: Display clear signs indicating pool depth, “No Diving” areas, and other safety warnings.
• Educate on CPR: Ensure that supervisors and frequent pool users are trained in CPR.
• Regular Inspections: Conduct routine checks of pool equipment and safety features to ensure they are in good working condition.

Contact the Top-Rated Illinois Premises Liability Lawyers at John J. Malm & Associates

Drowning accidents are preventable tragedies that carry significant legal implications for pool owners in Illinois. By understanding and adhering to legal responsibilities, such as securing the pool area, providing adequate supervision, and maintaining safety equipment, pool owners can protect both their guests and themselves from harm and liability. Staying informed and vigilant is key to ensuring a safe swimming environment for everyone.

If your child was injured or tragically drowned in a pool—whether public, private, or at a neighbor’s home—you may have legal options. Determining liability in these cases can be complex, and it’s important to act quickly to preserve evidence and protect your rights. At John J. Malm & Associates, our experienced Illinois child injury attorneys understand the emotional and legal challenges families face after a drowning accident. We are here to help you seek accountability and compensation. Contact us today for a free consultation to discuss your case and learn how we can help you pursue justice for your child.