Slip and Fall Accidents at Pools: Liability and Lawsuits

When it’s time to make a splash at the pool, fun is often top of mind—not the potential risks around the water. But a poorly maintained pool area can lead to some seriously slippery disasters.

Slip and fall accidents at pools are a common occurrence, often leading to significant injuries and even long-term consequences. Pool owners or property managers are responsible for keeping the area reasonably free of hazards and safe for swimmers. When they fail to uphold that duty, they can be held liable for the medical expenses and damages that result from their negligence.

Common Causes of Slip and Fall Accidents at Pools

Pools, both public and private, are environments where water and slippery surfaces naturally increase the risk of falls. Some common causes include:

Wet and Slippery Surfaces

Pool decks are often wet, creating hazardous conditions for anyone walking around the pool.

Lack of Safety Features

The absence of non-slip mats, grip tape, or proper signage warning of wet areas can increase the risk of falls.

Improper Maintenance

Cracked tiles, uneven surfaces, or debris around the pool area can lead to accidents.

Negligent Supervision

Lifeguards or pool staff may fail to warn or address hazardous conditions in a timely manner.

Poor Lighting

Insufficient lighting, especially during evening hours, can make it difficult to see hazards around the pool.

Injuries Resulting From Pool Slip and Fall Accidents

Slip and fall accidents at pools can result in a wide range of injuries, depending on factors such as the force of the fall, the surface involved, and the individual’s physical condition. 

Here are some common injuries that can occur:

Head Injuries

A severe blow to the head can cause concussions, leading to dizziness, headaches, and potential long-term complications.

A fall that results in the head hitting a hard surface, such as concrete or tile, can lead to more severe brain injuries with lasting effects (traumatic brain injuries or TBIs).

Spinal Cord and Back Injuries

Slipping and landing on the back can damage the discs between the vertebrae (herniated discs), causing pain and limited mobility.

A severe impact can also break one or more vertebrae, requiring extensive medical care. In extreme cases, damage to the spinal cord can lead to partial or complete paralysis.

Broken Bones

People often instinctively try to break their fall with their hands, which can lead to fractures in the wrists or arms. Older individuals are particularly prone to hip fractures from falls, which may require surgery. Slipping on a wet surface can also twist or break bones in the lower body.

Soft Tissue Injuries

Sprains and strains can occur when ligaments, muscles, or tendons are overstretched or torn during a fall. The impact of falling can also cause severe bruising and pain.

Lacerations and Abrasions

Falling on rough surfaces like concrete can cause deep cuts and scrapes, sometimes requiring stitches. If glass or sharp objects are present, the risk of injury increases.

Drowning-Related Injuries

A fall into a pool can lead to drowning or near-drowning incidents, causing oxygen deprivation and potentially brain damage. Secondary injuries may also occur from panicked flailing or attempts to escape.

Dental Injuries

A serious impact to the face can cause broken or knocked-out teeth, as well as jaw injuries.

Emotional Trauma

Slip and fall accidents can also result in psychological effects such as anxiety, PTSD, or a fear of returning to similar environments.

Infections

Open wounds sustained in a fall may become infected, particularly if they come into contact with contaminated pool water.

Who Is Liable in a Pool Slip and Fall Accident?

Liability in slip and fall accidents often hinges on whether negligence can be proven. The following parties could potentially be held accountable for poolside slip and falls:

• Property Owners: If the pool is privately owned, the owner has a responsibility to ensure the area is safe for guests.
• Pool Operators: For public or community pools, the organization managing the pool may be liable if safety measures are not properly implemented.
• Maintenance Contractors: Companies responsible for maintaining the pool area can be held accountable for improper upkeep.

Steps to Take After a Pool Slip and Fall Accident

If you experience a slip and fall accident at a pool, seek immediate medical attention. Prioritize your health and document injuries through medical records. Even if your injuries seem minor, they can worsen over time if left untreated. Some injuries may not show symptoms for days or even weeks.

If you are able while still at the scene of the accident, take photos of the area where the fall occurred, including any hazards that contributed to the accident.

Notify the property owner, pool staff, or management and request an incident report. Collect names and contact information from anyone who witnessed the accident.

Next, contact Morgan & Morgan. A personal injury attorney at Morgan & Morgan who specializes in slip and fall injuries can help evaluate your case and guide you through the legal process.

How Morgan & Morgan Can Help

At Morgan & Morgan, we understand the physical, emotional, and financial toll a slip and fall accident can take on your life. Our experienced attorneys have successfully represented clients in premises liability cases, including those involving pool-related accidents. We are committed to fighting For the People, ensuring that you receive the compensation you deserve.

Slip and fall accidents at pools can lead to costly medical bills, lost wages, and ongoing pain and suffering. Our team will work tirelessly to investigate your case, identify liable parties, and hold them accountable for their negligence.

Victims of pool slip and fall accidents may be entitled to compensation for:

• Medical expenses
• Rehabilitation and therapy costs
• Lost wages and earning potential
• Pain and suffering
• Emotional distress

If you or a loved one has been injured in a slip and fall accident at a pool, don’t wait to seek legal assistance. Contact Morgan & Morgan today for a free case evaluation. With no upfront costs and no fees unless we win, you can trust us to handle your case while you focus on recovery.

What liability do private swimming pool owners have?

Liability laws for private swimming pool owners differ across the United States, but generally, homeowners may bear partial or full responsibility for accidents occurring on their property—even in cases where the victim was a trespasser. Such incidents fall under the umbrella of premises liability, a legal doctrine often invoked in personal injury cases where harm arises from an unsafe or defective condition on the property.

Personal injury claims, including those based on premises liability, hinge on the concept of negligence. To prevail in a premises liability case, the injured party must prove that the property owner acted negligently in maintaining or securing their property. Negligence, in this context, occurs when a homeowner fails to exercise reasonable care.

Accidents involving private swimming pools frequently involve children accessing an unsecured pool without supervision, which is why many states enforce laws requiring pools to have locks, gates, or other security measures. If a pool is not adequately secured, the property owner may be held liable. Similarly, a homeowner may face liability if an accident results from poor pool maintenance.

For example, a malfunctioning pool drain could create strong suction, trapping a swimmer’s limbs or hair and causing severe injuries such as torn tendons, skin damage, or even internal trauma. Homeowners also have a duty to warn guests about non-obvious dangers, such as shallow areas unsuitable for diving. Faulty electrical systems could result in electrocution, poor water quality could lead to infections or health issues, and excessive use of chemicals might cause skin irritation, respiratory problems, or other serious conditions.

What liability do public pool owners have?

Public pool owners have a similar duty of care to their guests as private pool owners but may also face additional liabilities depending on local and federal regulations. For example, public pool owners could be held accountable for failing to provide emergency safety equipment, adequate supervision, or trained lifeguards. Lifeguards must be properly certified and prepared to respond effectively to emergencies.

Owners of public pools must warn patrons of hidden dangers, maintain barriers and safety features, and ensure the pool is properly maintained. This includes regular treatment of the water to maintain correct chemical balances. Neglecting these responsibilities could result in premises liability claims.

Other potential hazards at public pools include unprotected electrical circuits too close to the water, missing or inadequate emergency lighting, and the absence of visible depth markers. Public pool owners are also responsible for preventing overcrowding, which can impede proper supervision and increase the risk of accidents.

Many swimming pool accidents occur at regulated facilities, such as municipal pools, school pools, HOA facilities, amusement parks, gyms, and apartment complexes. Surprisingly, public pool violations are not uncommon, despite the significant risks they pose. Notably, 58% of drownings at regulated facilities occur in less than five feet of water.

What if a product defect causes injury or death?

In cases where an injury or death results from a defective product—such as a malfunctioning pool drain—the injured party (or their family) may file a product liability claim against the product’s manufacturer or seller. To succeed in such a claim, the victim must demonstrate that the product was defective, that the manufacturer or seller was aware of the defect, and that they failed to take corrective action. Most importantly, it must be proven that the defect directly caused the injury or death.

Product liability claims aim to hold manufacturers and sellers accountable for the safety of the products they introduce into the market, providing an additional avenue for victims to seek justice and compensation.

How can a lawyer help after a slip and fall at a pool?

If you believe you have been seriously hurt in a pool accident and the owner or manager of that property did not do their due diligence in warning you about these prospective risks, scheduling a consultation with an experienced lawyer will help you. In determining what counts as a pool accident, your attorney will sit down with you and discuss the facts of the case with you to identify whether or not the premises owner owed you a specific duty of care and which factors in the case contributed to them not meeting this duty of care. 

Pool cases are unique from other kinds of personal injury accidents and a lawyer should be engaged early on to figure out if your case is what counts as a pool accident. Your lawyer might need to gather evidence from the scene of the incident, too, which is not always easy if the pool owner has made an effort to remove the obstacle or fix the original problem. This means prompt action on your part, preferably with your own evidence or proof that you previously collected. 

A pool injuries lawyer will be well-versed in local and state laws around property and the most common statutes and prior case outcomes that are relevant to your situation. When you know that your case is in the hands of someone who appreciates the difficulties of a pool accident and is sensitive to how your family has been forever changed as a result of it, this can make a big difference. 

Contact Morgan & Morgan for a free case evaluation to learn more about your legal options.