Swimming Pool Accidents

Swimming pools provide enjoyment, relaxation, and exercise for families across Tennessee. However, they can also be the scene of serious injuries and fatalities, particularly when property owners or facility managers fail to uphold basic safety standards. At The Law Offices of John Day, P.C., we represent individuals and families who have suffered harm due to swimming pool accidents in Nashville, Davidson County, Brentwood, Murfreesboro, and communities throughout Middle Tennessee.

Whether the injury occurred at a private home, hotel, apartment complex, or public facility, our attorneys have the experience and resources to hold negligent parties accountable. If you or a loved one has been injured in a swimming pool accident, we invite you to contact our office at (615) 742-4880 for a free consultation.

The Dangers Associated With Swimming Pools

According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of accidental death for children between the ages of one and four, and one of the most common causes of unintentional injury-related death among children and adolescents more broadly. For every drowning death, multiple others suffer nonfatal submersion injuries that can result in long-term cognitive impairment, neurological damage, or physical disability.

In addition to drowning, pools pose other risks. Slippery pool decks and steps can lead to slip-and-fall accidents that cause fractures, concussions, or spinal cord injuries. Shallow water diving can result in devastating neck and back injuries, sometimes leading to paralysis. Poorly maintained pool equipment, such as broken drains or suction systems, can create dangerous entrapment scenarios. Pools without adequate fencing, self-locking gates, or supervision allow children to access hazardous areas unsupervised, increasing the risk of tragedy.

These hazards are not merely unfortunate accidents—they often stem from preventable negligence. Our firm helps victims pursue claims under Tennessee’s premises liability laws and related legal theories to seek fair compensation.

Tennessee Law and Premises Liability

Tennessee premises liability law holds property owners responsible when a hazardous condition on their land causes harm to lawful visitors. The level of care owed to a visitor depends in part on that visitor’s legal status. Business invitees, such as guests at a hotel or residents of an apartment complex, are owed the highest duty of care. Social guests, classified as licensees, are also entitled to reasonable safety protections. Even trespassers, if they are children drawn to a swimming pool, may be entitled to protection under the attractive nuisance doctrine.

When a child wanders into an unsecured pool and suffers injury or death, the lack of fencing, failure to lock a gate, or broken latch may be sufficient to impose liability, even if the child was not formally invited onto the premises.

Pool Safety Standards and Regulatory Requirements

Many local governments in Tennessee enforce building codes and ordinances that require specific safety measures for both private and public pools. For example, residential and commercial pool owners may be required to install fencing of at least four feet in height around all sides of the pool, along with self-closing, self-latching gates that prevent unsupervised access. Pool owners are typically required to ensure that access points are locked when the pool is not in use.

Pools must also be equipped with proper drainage and filtration systems that meet safety guidelines, including anti-entrapment covers as required under the federal Virginia Graeme Baker Pool & Spa Safety Act. Commercial properties may be required to post visible depth markers and warning signs about diving restrictions, and to keep safety equipment such as life rings or reaching poles easily accessible in case of emergency.

If a pool owner fails to comply with these requirements and an injury results, the violation may serve as evidence of negligence per se. This means the plaintiff does not need to prove general negligence, only that the owner violated a safety law and that the violation caused the injury. Our attorneys evaluate every case for such code violations and consult safety experts to determine whether a regulatory lapse contributed to the accident.

Common Causes of Swimming Pool Accidents

Swimming pool accidents may occur due to a wide range of hazardous conditions and oversight failures. One common cause is the absence of adequate supervision. At hotels, apartment complexes, or facilities hosting summer camps or daycares, the failure to provide trained lifeguards or designated staff to monitor pool users can result in injury or death.

Another frequent cause is inadequate fencing or improperly functioning gates. When pool areas are not secured, children may access them unsupervised, particularly in residential communities. Poor maintenance also contributes to many accidents. Broken ladders, loose diving boards, cracked decking, and improperly stored equipment all present dangers to swimmers and bystanders.

Additionally, some accidents involve defective or missing pool drains, which can create powerful suction that traps hair, limbs, or clothing. Improper lighting around a pool may obscure visibility and lead to trips, falls, or misjudged entries into the water. Chemical imbalances from negligent pool maintenance can cause skin irritation, breathing problems, or even chemical burns.

Liability for Commercial vs. Residential Pools

Commercial pool operators, including hotels, gyms, and homeowner associations, have a heightened responsibility to ensure that their pools are reasonably safe for use. These property owners must conduct regular inspections, comply with state and local safety regulations, and promptly address hazards. They may also be responsible for posting warning signs and enforcing usage rules, such as maximum occupancy or no-diving zones.

Private homeowners with backyard pools have fewer regulatory obligations but are still required to maintain their property in a reasonably safe condition. If a homeowner knows that their pool presents a hazard—such as a broken drain or an unfenced perimeter—and fails to take corrective action, they can be held liable for resulting injuries. In cases involving young children, the law generally recognizes that a pool is an attractive nuisance and that owners must take reasonable steps to prevent access or eliminate the hazard.

Injuries and Damages in Swimming Pool Accident Cases

Injuries sustained in and around swimming pools can be physically devastating and emotionally traumatic. Near-drownings can cause oxygen deprivation, resulting in permanent brain injury. Falls can lead to broken bones, traumatic brain injuries, or spinal cord damage. Diving accidents can result in quadriplegia or paraplegia. Electrical accidents involving faulty pool lighting or wiring may cause severe burns or cardiac arrest.

Victims of swimming pool injuries may seek compensation for a wide range of damages under Tennessee law. These include reimbursement for medical bills incurred for emergency care, surgery, rehabilitation, and therapy. If the injury results in missed time from work or a permanent disability, the victim may also recover lost wages and diminished earning capacity.

Pain and suffering is also compensable. This includes not only physical discomfort, but also the emotional anguish that often accompanies traumatic injuries. Disfigurement, scarring, and reduced quality of life may also be included. In cases involving death, surviving family members may pursue wrongful death damages for funeral costs, loss of companionship, and the financial support the deceased would have provided.

In especially egregious cases—such as when a pool owner knowingly ignored a serious safety hazard—Tennessee law allows for punitive damages, which are designed to punish particularly reckless behavior and deter others from similar conduct.

Steps to Take After a Swimming Pool Accident

If you or someone you love has been injured in or near a swimming pool, taking the right steps immediately can significantly improve the strength of your legal case. Begin by seeking medical attention, even if the injury seems minor. Delayed complications are common with near-drowning and head trauma, and medical records will form the foundation of your claim.

Report the incident to the property owner or facility management, and ensure that an incident report is created. Request a copy for your records. If the injury occurred at a commercial location, note the name of the company, the address, and any relevant signage or posted rules.

Take photographs of the scene, including the condition of the pool area, signage, fencing, and any equipment that may have contributed to the injury. If there are witnesses present, ask for their contact information so that they can provide statements if needed. Avoid discussing the accident with the property owner’s insurance company until you have spoken with an attorney.

Why Choose The Law Offices of John Day, P.C.

Our legal team has over 80 years of combined experience handling serious injury and wrongful death cases in Tennessee. With offices in Brentwood, Nashville, and Murfreesboro, we are well positioned to serve clients throughout Davidson County and the surrounding region. We offer every client direct access to experienced attorneys, clear communication, and strategic legal advocacy at every stage of the case.

We handle all swimming pool accident cases on a contingency fee basis, meaning you do not pay us unless we successfully recover compensation for you. We also advance all litigation expenses, so you do not face any financial risk by pursuing justice.

Our firm includes a full-time nurse to assist with medical issues and a team of dedicated professionals committed to thorough case preparation. We investigate aggressively, consult with top experts, and are fully prepared to take your case to trial if necessary.

Contact Us Today

Swimming pool accidents are often the result of carelessness or neglect. When a property owner or facility operator fails to take reasonable precautions and someone is injured or killed as a result, our legal system provides a path to recovery. At The Law Offices of John Day, P.C., we stand ready to assist.

Call us at (615) 742-4880 to speak with a member of our team and schedule a free consultation. We are proud to serve clients in Nashville, Davidson County, Brentwood, Murfreesboro, and communities across Middle Tennessee. Let us help you seek the justice, accountability, and compensation you deserve.