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My child has been injured in a swimming pool accident. Is the property owner responsible?t


Possibly, depending on the circumstances of your case. An experienced personal injury lawyer can review the specifics of your case and help determine who may be at-fault for the injuries your child sustained.

According to the Centers for Disease Control (CDC), at least one child suffers a non-fatal swimming pool accident every day and at least two children under the age of 14 die from unintentional drowning. The potential risk for serious injuries and death increase during the summer months and during winter, when water begins to freeze. 

Pool owners, whether they be a private residence, a public pool, or a private club, can potentially be held liable when a guest is injured. Pools are considered a part of the property it is located on, meaning that premises liability laws will typically apply. Premises liability laws are used to determine who is liable when the premises, or the pool, was the cause of an injury.

Under these laws, pool owners are required to do a reasonable job in keeping their pool maintained and repaired so it is safe for anyone that uses it. A pool owner could be found financially and legally liable if they failed to do the following:

  • Install and maintain appropriate fencing surrounding the pool.
  • Maintain safe pool drains.
  • Provide adult supervision for all children in and around the pool.
  • Warning about obstructions or depths that are too shallow for diving.

Typically, pool owners will not owe a trespasser a duty of care in the event that the trespasser is injured, except in the event that the trespasser was a child. Under the Attractive Nuisance Doctrine, pool owners still owe a duty of care to young children, who do not understand the risks of injuries and drowning, to keep the pool safe. This includes enclosing their pool with a fence of at least four feet tall, making sure there is a locking gate, posting No Trespassing signs, covering a pool when it is not in use, and using alarms that will alert when the gate is opened or someone has entered the water. 

If your child has been injured in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at [email protected], or schedule meeting with us here. We’re here 24/7. 


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