Swimming Pool Accidents

Swimming pool accidents range from slips and falls to diving mishaps. They include drownings, electrocutions and drain entrapments, and even chemical exposure.

Drowning Deaths

“Not including boating incidents, on average about 10 people die from drowning every day in the United States,” warns the National Safety Council (NSC). ⁽¹⁾

NSC also notes, “Statistics point to drowning as a leading cause of death for young children – mostly due to children falling into a pool or being left alone in the bathtub.” ⁽²⁾

Data from 2018-2021 indicates New York had an age adjusted drowning rate of 0.74 deaths per 100,000, according to the Centers for Disease Control and Prevention (CDC). ⁽³⁾

New York Pool Facts and Statistics

The New York State Department of Health says “more than 150 people drown” each year in the state. “Drowning is the fourth leading cause of death among children ages 1-4 and the seventh leading cause for children ages 5-14 in New York State.” ⁽⁴⁾

Other findings from N.Y. State reports: ^{(5) (6)}

• Roughly 52% of all drownings since 1987 occurred in pools.
• More drownings occurred during summer.
• Drownings happened more frequently from 4 – 6 p.m.
• Significant numbers of drownings happen in water depths of less than 5 feet.
• Males were 4 times more likely to drown than females.
• 46% of drowning victims were able to swim.
• Blacks had a higher rate of drownings than Hispanics and whites.

In Suffolk County, Long Island, there were 10 pool drowning as of early August 2024, with another 12 from 2022-2023. During the pandemic, there were many new swimming pools and hot tubs. Water safety education declined. This is where 87% of the drownings happen to kids under the age of 5. ⁽⁷⁾

Suffolk County had the highest number of drownings on Long Island, but not the only ones. In Nassau County, there were five drownings between 2022 and toward the end of July 2024. According to Governor Kathy Hochul, “Drownings in New York State have reached record levels in the last few years, and our kids are particularly vulnerable.” ⁽⁸⁾

Common Swimming Accidents and Injuries

There are a number of common swimming accidents which result in injuries. These include:

Slips and Falls

Slips and falls can result in cuts, bruises, broken bones, dislocations, or even deaths. These types of accidents often occur when someone is running in a pool area. Wet surfaces increase the chances of this happening. ⁽⁹⁾

Diving and Jumping

Diving or jumping into shallow pools — or without knowing the depth of the water — can cause serious head and spinal injuries, especially if jumping in headfirst. Even if jumping in feet first, the resulting muscle and joint sprains injuries can be painful. ⁽¹⁰⁾

Drownings

Drownings are the leading cause of death among very young children, says the National Drowning Prevention Alliance. “We lose 11 school buses worth of children to fatal unintentional drowning per year, with the average school bus seating 80 students.” ⁽¹¹⁾

The Alliance also says, “Nearly 40% of drownings treated in emergency departments require hospitalization, transfer, or further care. … Outcomes of morbidity include brain damage, other serious outcomes, and long-term disability.” ⁽¹²⁾

Drownings

We lose 11 school buses worth of children to fatal unintentional drowning per year, with the average school bus seating 80 students.” ⁽¹¹⁾

Drowning are often fatal, but nonfatal drownings occur and can lead to organ damage. Victims of nonfatal drownings may suffer brain damage caused by a lack of oxygen to the brain (hypoxic brain injury). The damage can be severe and have long-term consequences, like memory problems, learning disabilities, executive dysfunction, or permanent loss of function (vegetative state). ⁽¹³⁾

Electric Shock Drowning

Electric shock drowning (ESD) can lead to death. ESD is the term used for “all in-water shock casualties,” says the National Association of State Boating Law Administrators (NASBLA). ESD occurs when low level electrical current passes through the body. This causes paralysis, leaving victims unable to help themselves while immersed. In the water, higher levels of current may also cause electrocution. ⁽¹⁴⁾

Pool Drain Entrapment

Pool drain entrapment occurs when strong suction is created by water rapidly flowing through pool drains, says the International Association of Certified Home Inspectors. When this happens, young children can be trapped, which can lead to serious injuries or death. Also, drain covers that are loose or missing can lead to injuries. ⁽¹⁵⁾

There are several types of drain entrapment according to the CPSC: ⁽¹⁶⁾

• Body entrapment: body or body part held down by suction.
• Evisceration: disembowelment can occur when sitting on a drain.
• Hair entrapment: hair caught in faulty or broken drain cover.
• Limb entrapment: arm or leg gets stuck in drain.
• Mechanical entrapment: when jewelry or clothing get caught in a drain.

Chemical Injuries

Chemical injuries occur when chemicals are mishandled. This includes being mixed with incompatible chemicals, added to water improperly, or stored incorrectly. ⁽¹⁷⁾

Pool chemical injuries lead to approximately “4,500 emergency department visits each year. At least one third of the patients are under 18 years old,” according to the CDC. ⁽¹⁸⁾

Chemicals normally added to swimming pools include chlorine and disinfectants. These must be added in the right amounts. When the balance of these chemicals is off, swimmers may experience irritations of the eyes, ears, airways, and skin. Creating a caustic pool can end up requiring a call to Poison Control. The inhalation or ingestion of chemical fumes, vapors and gases can cause respiratory injuries. ⁽¹⁹⁾

Causes of Swimming Accidents

Among the top causes of swimming accidents are: ^{(20) (21) (22)}

• Alcohol use.
• Diving: incorrect depth.
• Lack of barriers: pool fencing and gates.
• Lack of close supervision, especially of young children.
• Lack of swimming ability.
• Slippery decks and surfaces.

Pool Accidents and Premises Liability

Premises liability is a legal concept. It applies to property owners when people who are legally permitted to be on their property become injured while on that property.

The New York City Bar says the “owner is liable for your injuries if the owner’s negligence caused your injury.” ⁽²³⁾

It adds, “While premises liability includes slip/trip & fall situations, it is broader because it addresses any unsafe condition and resulting injury, whether caused by a fall or otherwise.” ⁽²⁴⁾

Safety Violations

Where swimming pools are concerned, property owners have a legal duty — duty of care — to keep their pools safe. When they fail, they can be sued.

Examples of a property owner’s failure to maintain a safe pool include:

• Absence of warning signs.
• Broken equipment.
• Failure to provide trained lifeguards.
• Improper pool maintenance, including appropriate chemical balance in pool.
• Lack of proper fencing, gates, or both around pool areas.
• Damaged areas or areas under repair.

The person suing (you, the plaintiff), must show the court their injury was caused by the property owner’s negligence.

Pool Trespassers

In general, trespassers are not owed a duty of care by a property owner and the owner cannot be held responsible for their injuries. But there are exceptions. ⁽²⁵⁾

A trespasser may be on a property and the owner knows this but allows the trespasser to remain. If so, then the owner is responsible for any injuries the trespasser sustains while on the property. ⁽²⁶⁾

If a trespasser is a child and some condition on the property is deemed “attractive” the owner is responsible for injuries while on the property. ⁽²⁷⁾

For example, the gate to a pool is unlocked. The pool has very little water in it and there is a blow-up seahorse floating at the bottom. A child climbs in to play with the float and trespasses, without understanding the danger.

What to Do After a Swimming Pool Accident

There are several things you should do immediately after a swimming pool accident:

• Seek medical attention. This helps to document your injuries and expenses.
• Take cell phone pictures at the scene of the accident.
• Get the names and contact information of witnesses and police officers on scene.
• Obtain a copy of any police or incident reports.
• Contact an attorney who can help you put together a case.

How W&L Can Help

W&L has an experienced team of attorneys who win trial verdicts and negotiate settlements for people who have suffered harm due to negligence.

We successfully helped get:

• $10 million for a teenage boy partially blinded during a recreational activity.
• High six figures financial compensation for a woman seriously hurt due to someone’s negligence.

Updated August 2025