What Are My Legal Options If My Child Is Injured In A Neighbor’s Pool?

At John J. Malm & Associates, we understand that nothing is more traumatic for a parent than seeing their child suffer an injury—especially in a place that should feel safe, like a neighbor’s backyard. When a child is injured in a swimming pool accident, the situation can quickly escalate into a complex legal matter. Parents are often left wondering who is responsible, what legal remedies are available, and how to secure the financial resources necessary to cover medical care and other expenses. Fortunately, Illinois law provides several protections for children injured on another person’s property, particularly when dangerous conditions like unguarded pools are involved.

Illinois Premises Liability Law and Child Safety

In Illinois, swimming pool injuries that occur on private property are governed by premises liability law. This area of law holds property owners accountable for maintaining safe conditions for individuals who enter their property. Normally, this duty extends to guests and licensees, but when it comes to children, Illinois law recognizes an additional layer of protection. Even when a child is technically trespassing, the property owner may still be liable for injuries under the “attractive nuisance” doctrine.

This doctrine applies when a property contains a hazardous condition—such as a swimming pool—that is likely to attract children who are unable to understand the risks involved. Illinois courts follow the principles outlined in the Restatement (Second) of Torts § 339, which says that a property owner may be liable for a child’s injury if they knew or should have known that children would likely trespass and be endangered by a condition on the land, if the child would not recognize the risk, and if the owner failed to take reasonable steps to protect them.

The Attractive Nuisance Doctrine and Swimming Pools

Swimming pools are one of the most commonly cited examples of attractive nuisances. The bright water, diving boards, and floats naturally attract children, even when parents or guardians aren’t nearby. Because children are often unable to appreciate the danger of drowning or falling, pool owners in Illinois have a legal obligation to secure these areas.

Illinois law mandates that residential pools be enclosed by a barrier at least 42 inches high with self-closing, self-latching gates. The purpose of these rules is to prevent children from entering unsupervised and suffering harm. If a pool owner fails to comply with these safety regulations, they may be considered negligent per se—meaning they can be held automatically liable for injuries that result from their failure to meet legal requirements.

What You Must Prove in a Pool Injury Case

If your child is injured in a neighbor’s pool, and you are considering legal action, you will need to prove several elements to establish liability:

Duty: That the pool owner had a legal duty to secure the premises and protect foreseeable child visitors.
Breach: That the property owner failed to meet that duty (e.g., did not have a proper fence or supervision).
Causation: That this failure directly caused your child’s injury.
Damages: That your child suffered actual harm—physical, emotional, or financial.

Evidence in these cases may include photographs of the pool area, witness testimony, police or incident reports, and medical records. An Illinois personal injury attorney experienced in child injury litigation can help compile and present this evidence effectively.

Role of Homeowners Insurance In Pool Accidents

In many cases, a pool-related injury claim will first go through the homeowner’s insurance company. Homeowners’ policies typically cover injuries that occur on the property, including those caused by swimming pools. However, insurance companies are often quick to dispute or minimize claims, especially if they believe the child was trespassing or if the child’s conduct contributed to the injury.

That’s where legal representation becomes critical. A lawyer can help you file the claim, handle communications with the insurer, negotiate a fair settlement, and pursue a lawsuit if necessary. If the homeowner lacks sufficient coverage—or denies responsibility altogether—filing a lawsuit may be the best way to recover full compensation.

Can a Neighbor Still Be Liable If My Child Was Trespassing?

Yes. Illinois law recognizes that children—especially young ones—do not always understand boundaries or dangers. Under the attractive nuisance doctrine, a homeowner can still be liable even if the child did not have permission to be on the property. The key question is whether the pool was adequately secured and whether the homeowner could have reasonably foreseen that a child might enter.

For example, if a neighbor routinely leaves their gate open or broken, and neighborhood children are known to play nearby, they could be held responsible if a child enters the yard and is injured. Courts will consider whether the homeowner acted reasonably in light of the known risk.

Damages Available in a Child Pool Injury Case

If your child was injured due to a pool owner’s negligence, you may be entitled to recover a wide range of damages. These may include:

Medical expenses: ER treatment, surgery, rehabilitation, medications, and ongoing therapy.
Pain and suffering: Both physical pain and emotional distress endured by the child.
Permanent disability or disfigurement: For example, if the injury leads to scarring or a long-term impairment.
Loss of normal life: If the injury prevents the child from enjoying activities they once loved.
Future medical care: If the injury is expected to require treatment for months or years to come.
Wrongful death: In the most tragic cases, parents can pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/), which allows recovery for funeral expenses, grief, and loss of companionship.

Defenses a Pool Owner May Raise

It’s not uncommon for pool owners or their insurance carriers to push back against claims. Some of the defenses they may raise include:

The child was trespassing and assumed the risk by entering the pool area.
The property was reasonably secured, and the injury was due to the child’s own actions.
The parents were negligent, for example by failing to supervise their child or allowing them to roam the neighborhood unsupervised.
Comparative fault, arguing the child or parent was partially to blame for the injury, which could reduce or bar recovery under Illinois’s modified comparative negligence rule.

A skilled attorney can prepare strong arguments to counter these defenses and protect your child’s right to compensation.

Legal Process for Filing a Pool Accident Claim

In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, for minors, the statute is “tolled” (paused) until the child turns 18, giving them until their 20th birthday to file a lawsuit (735 ILCS 5/13-211). That said, it is often in the child’s best interest for the parent or guardian to initiate legal action soon after the injury to preserve evidence and secure compensation for current and ongoing expenses.

If a lawsuit is filed on behalf of a child, any settlement must be approved by the court to ensure that the funds are used appropriately. In many cases, the court will appoint a guardian ad litem to represent the child’s interests during the proceedings.

What to Do Immediately After Your Child’s Injury

If your child has been injured in a neighbor’s pool, taking the following steps can protect both their health and your legal rights:

Seek immediate medical treatment, even if the injuries seem minor.
Photograph the scene, including the pool, fencing, gates, and any hazards.
Collect contact information for witnesses, including neighbors and other children.
Avoid discussing the case with the property owner or their insurance company until you’ve spoken with an attorney.
Contact a qualified Illinois child injury lawyer to discuss your rights and next steps.

Contact the Top-Rated Illinois Child Injury Lawyers at John J. Malm & Associates

If your child has been injured in a swimming pool accident due to a neighbor’s negligence, you have legal rights—and your family deserves answers and accountability. At John J. Malm & Associates, we understand the emotional, physical, and financial toll these injuries can take. Our team of experienced Illinois is here to guide you through every step of the legal process, from investigating the incident and dealing with the insurance company to securing a full and fair recovery for your child’s injuries.

We offer compassionate, skilled legal representation with a proven track record of success in child injury and premises liability claims throughout Illinois. You do not have to face this alone. Contact us today for a free consultation. There is no fee unless we win your case. Call our office or fill out our online form, and let us help you protect your child’s rights and secure the compensation your family needs to move forward.