In addition, 8,080 non-fatal drownings occur every year — an average of 22 per day.

However, drowning isn’t the only type of swimming pool accident. Children and adults can be injured on diving boards and pool slides, in slip and fall accidents, through entrapment, or by electrical defects. If you or your child has been injured at someone else’s swimming pool, you may have a premises liability claim against the property owner. 

When disaster happens, you need a lawyer you can trust

At The Swanson Law Group, we are proud of our case results. Our many high-value settlements and jury awards reflect our relentless approach when working with insurance companies who may not want to pay the settlement our clients deserve. When you choose our firm to represent you, you can have full faith that our premises liability lawyers in San Jose will do everything possible to help you achieve justice after a swimming pool accident. Our founder, attorney Ben Swanson, has faced his own health issues and has transformed his challenges into a superpower that he uses to help his clients achieve justice and full compensation.

How common is drowning among children?

  • According to the CDC, more children aged 1 to 4 die from drowning than from any other cause except for birth defects 
  • For children ages 1 to 14, drowning is the second leading cause of unintentional injury death after motor vehicle accidents 
  • For every fatal drowning of a child, another eight children receive emergency medical treatment for non-fatal drowning 
  • Compared with 8% for all other unintentional injuries, more than 40% of drownings treated in emergency rooms require hospitalization or transfer for further medical care
  • Drowning can cause brain damage and long-term disability in children

What are the responsibilities of property owners regarding swimming pools?

Landowners in California have a duty of care to take reasonable steps to make their property safe, including swimming pools. Property owner responsibility for swimming pool safety is covered in the California Swimming Pool Safety Act. Single-family homeowners must implement at least two of the following safety features in a swimming pool or spa, as stated in the Health and Safety Code at Section 115922

  • A fence, wall, or other barrier that isolates the pool from access to the home
  • An approved safety pool cover
  • Alarms on any doors that have direct access to a swimming pool
  • An alarm that sounds when someone enters the water of a swimming pool
  • A self-closing, self-latching device that is placed no lower than 54 inches above the floor on any door in the home with access to the swimming pool
  • An approved removable mesh fence with a self-closing, self-latching, lockable gate
  • Other safety feature that provides protection equal to or greater than the protection provided by the above features
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What duty of care do property owners with swimming pools owe to visitors?

A property owner’s duty of care depends on the category of visitor. In California premises liability cases, there are three types of visitors to a property:


Property owners owe the highest duty of care to this level of guest. An invitee is a person with an express or implied invitation to enter the property for the benefit of the property owner. An example of an invitee is a customer visiting a store.

Homeowners owe a duty to invitees to inspect the property for unknown defects, repair known defects and hazards, and warn of any injury risks.


These are people who have permission or legal authorization to enter a property for their own reasons.

For example, a person campaigning door-to-door for a political candidate is a licensee. Homeowners owe the same duty of care to licensees as they do to invitees, except for the duty to inspect the property for unknown hazards.


A trespasser is a person who does not have permission from the owner to be on the property. Homeowners owe no duty of care to trespassers unless they are minors, in which case attractive nuisance laws apply. Under the law, a swimming pool is an attractive nuisance. This means that it’s a dangerous element on the property that is enticing to children, and therefore property owners have a higher level of responsibility for its safety.

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Why call The Swanson Law Group after a swimming pool accident in San Jose?

After a serious swimming pool accident, your best chance of recovering the compensation your family needs is to have an experienced San Jose premises liability lawyer handling your claim. At The Swanson Law Group, we have recovered more than $100 million in settlements and awards for our clients. Call us to schedule a free consultation to find out how we can help.

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