Potentially Deadly Mistakes Pool Owners Can Make

Owning a pool can involve a lot of work, including taking the necessary steps to keep those using it safe. A swimming pool on a hot Kentucky day can be a joy, but that will be short-lived if someone gets hurt. If you or a family member is injured while using a pool, one of these mistakes may be to blame. It may also be the basis for a compensation claim due to the owner’s negligence.

Satterley & Kelley, PLLC helps those injured by negligence obtain the compensation they deserve for what they’ve suffered. If you or a family member are injured or killed at a swimming pool, contact us so we can discuss what happened and how we can help.

Drowning is the top cause of death for children one to four years old, and the second top cause of unintentional injury death for kids five to 14 years old, according to the federal Centers for Disease Control and Prevention.

What is Negligence?

Nearly all personal injury claims are based on negligence. The plaintiff (the person filing the lawsuit) must prove all the elements of their claim. They must establish it’s more likely than not that the defendant (the party sued) committed negligence and caused the plaintiff harm.

Elements of a negligence claim include the following:

• Because of the relationship between you and the defendant (a guest or hotel customer), they owed you a legal duty to do or not do something, given the facts
• The defendant failed this duty
• This is the factual and legal (or proximate) cause of the accident
• You suffered harm as a result
• Under state law, the defendant must pay you damages (compensation for the resulting harm measured in dollars)

Whether the defendant is negligent, and if so, how difficult that will be to prove, is primarily based on the facts. Because facts drive these cases, you must involve us in your case as soon as possible. The earlier our investigation, the lower the risk that evidence will be lost, witnesses will move away, and memories will fade.

What Negligence Might Lead to a Drowning or Other Injury?

Swimming pool owners, whether the pool is in their backyard or part of a country club or hotel, are legally obligated to maintain safe premises. Negligent acts, or failures to act,  that may create legal liability often involve a lack of reasonable precautions to prevent foreseeable harm. Some examples include the following:

1. Failure to Supervise

• Private pools: Leaving children unattended without adult supervision.
• Public/commercial pools: Not providing lifeguards or having insufficiently trained staff.

2. Lack of Proper Fencing or Barriers

• Many jurisdictions require barriers (e.g., fences, gates with locks) to prevent unauthorized access.
• Negligence: Failing to install or maintain such barriers, allowing children or others to wander in unsupervised.

3. Improper Maintenance

• Slippery surfaces around the pool due to algae or spills.
• Broken equipment like ladders, diving boards, or pool lights.
• Poor water quality leading to illness or injury (e.g., from bacteria or excessive chlorine).

4. Failure to Warn of Hazards

• Not posting signs for:
  • No diving (in shallow water)
  • Depth markers
  • “Swim at your own risk”
• Absence of clear rules or emergency procedures.

5. Defective Pool Equipment

• Using or failing to repair defective:
  • Drains (which can cause entrapment)
  • Pumps or filters
  • Heaters (risk of burns)

6. Inadequate Lighting

• Poor visibility during evening or night swimming can lead to accidents.

7. Allowing Dangerous Behavior

• Tolerating horseplay, intoxicated swimming, or diving in unsafe areas without intervention.

8. Violation of Local Codes and Regulations

• Not complying with safety standards mandated by local building or health codes.

9. Failure to Provide Emergency Equipment

• No readily available life rings, poles, first aid kits, or automated external defibrillators (AEDs).

Swimming pool accidents are tragic, but many are preventable when property owners meet their legal responsibilities.

If you or a loved one has been harmed in a pool-related incident, call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.