Every year in the United States, approximately 4,000 people die from drowning accidents—that’s one drowning death every two hours. In California, drowning remains the leading cause of injury-related deaths among children under 5 years old, surpassing even motor vehicle accidents.
Behind these statistics are families forever changed by tragedies that might have been prevented. Despite California’s comprehensive safety regulations, these accidents still happen. If you’re a pool owner, you must understand and follow all required safety measures to protect lives and meet your legal obligations.
Current California Pool Safety Regulations
The Swimming Pool Safety Act (California Health and Safety Code, Article 2.5) establishes the foundation for pool safety in California. This law applies to any structure intended for swimming or recreational bathing that contains water over 18 inches deep, including in-ground pools, above-ground pools, hot tubs, spas, and non-portable wading pools.
The Act was established in 2018 and comes with certain requirements. For example, if you get a building perform for the construction of a new swimming pool or spa or the remodeling of an existing pool at a private single-family home, the pool must be equipped with at least two of seven drowning prevention safety features:
- An enclosure that isolates the swimming pool from the home
- Removable mesh fencing with a self-closing, self-latching gate that can be locked
- An approved safety pool cover
- Exit alarms on doors providing direct access to the pool
- Self-closing, self-latching devices on doors providing direct access to the pool
- Pool alarms that detect unauthorized entry into the water
- Other protection verified to provide equal or greater protection
The law applies statewide, eliminating previous exclusions for municipalities with their own local swimming pool ordinances. Before final approval of any permitted construction or remodeling, local building code officials must inspect the drowning prevention safety features to ensure compliance.
Common Safety Violations
Some of the most common pool safety violations that can lead to liability include:
- Inadequate or damaged fencing
- Non-functioning self-closing or self-latching gates
- Failure to install the required number of safety features
- Lack of proper supervision, especially when children are present
- Missing or broken drain covers
- Failure to maintain clear visibility in the water
- Absence of rescue equipment
- Neglecting regular maintenance of safety features
According to drowning prevention experts, lack of proper supervision is a major factor in many swimming pool accidents. The National Drowning Prevention Alliance reports that 70% of drownings among toddlers happen during non-swim times, emphasizing the importance of constant vigilance.
Role of Proper Signage and Warnings
While not explicitly required for residential pools in California, proper signage can be an important additional safety measure and may help reduce liability. The American Red Cross recommends the following safety signage for home pools:
- Pool rules in a visible location
- Water depth markers
- “No Diving” warnings where appropriate
- CPR instructions
- Emergency contact information
These visual reminders can help reinforce safe behavior around the pool and provide crucial information in case of an emergency.
Steps to Take If an Incident Occurs
Liability Considerations for Property Owners
California imposes a legal duty of care on all property owners. This includes maintaining a safe environment for all visitors to your property. In premises liability law, the standard is what a reasonable person would do in similar circumstances.
Insurance experts recommend that homeowners with pools carry at least $500,000 in liability insurance to cover potential damages related to pool accidents. According to the California Pool Association, standard homeowner’s insurance policies typically include only $100,000 in liability coverage, which may not be sufficient for pool-related injuries that can result in substantial medical expenses and legal costs.
The increased coverage can help with:
- Medical expenses for injured parties
- Lost wages
- Pain and suffering
- Property repairs
- Death benefits to surviving family members in case of fatal incidents
It’s worth noting that California follows the doctrine of comparative negligence, which means that an injured party’s own negligence may impact their ability to recover damages. However, property owners can still be held liable even if the injured person was partially at fault.
Particularly concerning for many homeowners is that even in cases of underage trespassers (under 18 years old), property owners can still be held liable for injuries if they failed to comply with California pool safety regulations. This is under the legal concept known as “attractive nuisance“, which recognizes that pools may attract children who don’t understand the dangers.
Contact Penney & Associates
Have you or a loved one been involved in a swimming pool accident? Our experienced personal injury attorneys at Penney & Associates understand what it takes to seek justice and the compensation that you deserve. We have extensive experience handling pool-related injuries and can help determine if negligence or safety violations contributed to the accident. Contact us today for a free, confidential consultation to discuss your legal options and potential compensation.
For more information about pool safety requirements or for legal advice regarding a pool-related incident, contact Penney & Associates, your trusted personal injury attorneys in California.
Read More
Policies, Settlements, and Pitfalls: A Quick Guide to Insurance Claims
Distracted Driving: The Most Dangerous Cities for Pedestrians
Finding Your Champion: What Sets the Best Personal Injury Law Firms Apart?
