Illinois Swimming Pool Injuries & Liability

Can you file a lawsuit for a swimming pool injury?

In a recent year, there were 15 Illinois accidental drowning deaths, nine of whom were children. Of those nine, seven were five years old or younger, and two of the drowning deaths were in bathtubs. Two were in ponds, one in a creek, and one in a lake.

The Illinois State Fire Marshall reports that children younger than five years old account for 91% of drowning fatalities in home pools or hot tubs.

Shocking, right? 

Drowning is scary, particularly as a parent of young children. Drowning isn’t the only risk associated with swimming pool injuries, however. Pool chemical injuries result in about 4,500 emergency department visits each year, and slip-and-fall injuries are prevalent, as well. 

The good news is that the vast majority of drownings and other swimming pool injuries are preventable by taking a few basic precautions. 

But whose responsibility is it to take those precautions? This is a question that becomes relevant if you’re ever in a position to file a lawsuit for an Illinois drowning injury or death.

10 Common causes of swimming pool injuries

Swimming pool accidents can occur for various reasons, often due to negligence, unsafe conditions, or lack of supervision. Here are some of the most common causes.

1. Lack of supervision

Children might not be strong swimmers, or they might not recognize hazards around a pool area or other body of water. Whether it’s a public pool with inattentive or improperly trained lifeguards or a private pool where parents or other adults are not supervising closely, this is a leading reason for children’s swimming pool injuries.

Although not limited to children, horseplay around swimming pools can also lead to accidents. Running, pushing, roughhousing, and similar can result in serious injuries.

2. Drowning or near-drowning

Drowning is a form of respiratory impairment caused by submersion or immersion in a liquid, usually water. It occurs when a person’s airway is blocked by water, preventing them from breathing oxygen. Depending on how quickly the person receives help, drowning can result in death, long-term injuries, or complete recovery.

Drowning can be fatal or non-fatal. Sometimes, a person can drown but recover fully without long-term effects. In other cases, the person might survive but the drowning could result in brain damage or other complications from oxygen deprivation during the event.

Drowning happens when the individual is submerged, meaning their entire body is submerged under water, including their airway; immersed, which means the airway is covered by liquid but the rest of the body is not fully submerged; or involving an involuntary response, which means liquid enters the airway and triggers the body’s natural response to close the airway to protect the lungs, causing suffocation.

3. Slip and fall injuries

Sometimes the injury has little to do with the pool, itself, and more to do with the area around it. Slip and fall injuries are common in pool areas—both indoor and outdoor—because of slippery tiles or pool decks that lack proper non-slip treatments, or because of broken or uneven surfaces around the pool.

Even the fact of people tracking water out of the pool can be dangerous. A wet, dripping body that enters the bathroom or locker room and walks on a smooth tile floor can leave slippery puddles that pose a hazard for themself and others.

4. Equipment defects

Yes, it’s a pool. A hole in the ground. But there’s actually a lot that can go wrong in a swimming pool, much of which can cause injuries. 

For instance, a faulty drain doesn’t mean that the pool is more likely to have some leaves or gunk floating around. It can also be that the drain is too powerful and the suction from an uncovered drain could entrap a swimmer, particularly a small child.

There’s also the risk of entrapment from an automatic or heavy pool cover. There could also be issues with improper installation or defects in ladders and diving boards that result in injuries.

5. Diving accidents

One of the most dangerous activities in a pool could be diving when the water is too shallow. This could cause head, neck or spinal injuries. A pool or lake might have unclear markers or warnings about shallow or unsafe diving zones, and this contributes to accidents and injuries.

6. Chemicals

Chemicals are an important part of keeping swimmers safe because they prevent spread of bacteria from person to person in a pool. Poorly balanced pool water, however, can harbor harmful bacteria and lead to infections. On the other hand, excessive chlorine can cause skin and eye irritation or respiratory problems. Additionally, chemical burns can result from improper handling or storage of pool chemicals.

7. Inadequate safety resources

Public pools have specific rules for training lifeguards, including CPR certifications and rescue techniques. It could be a failing of the pool operator if lifeguarding staff is not properly trained to perform lifesaving duties when needed. In addition, a swimming pool should be equipped with life rings, reaching poles, a first aid kit, and a phone. In addition, overcrowding can be an issue.

8. Alcohol and drugs

“Don’t drink and swim!”

This isn’t a phrase, but it should be. Impaired judgment or reduced physical coordination because of alcohol or drugs is a significant factor in many pool-related accidents.

9. Electrical hazards

Electricity and water don’t mix. Improperly wired pool lights or electrical equipment near water can cause electrocution. As well, aging or poorly maintained electrical systems around the pool area pose serious risks.

10. Poor lighting or inadequate signs or warnings

Poor lighting can make it difficult for a lifeguard to see a drowning victim. It can also causing diving injuries and slow rescue efforts if a swimmer is in distress. 

It’s also crucial for a pool or lake to have markers that indicate depth of the water, if any area is unsafe or restricted, or how to find help if it’s needed.

Illinois swimming pool laws

Illinois swimming pool laws are designed to promote safety and proper maintenance for both public and private pools. These regulations cover fencing, sanitation, supervision, design standards, and other precautions. Below are highlights of Illinois swimming pool laws:

Fences and barriers

Illinois law requires private swimming pools to have a barrier, such as a fence or wall, that is at least four feet high.

• Gates must be self-closing and self-latching to prevent unauthorized access.
• Barriers should have no gaps larger than four inches in order to prevent access by small children.
• If an above-ground pool has walls at least four feet high, they may serve as the barrier, provided the ladder or entry point is removable or lockable.

Pool maintenance

A pool owner must regularly inspect and maintain equipment, including filters and pumps, to ensure safe operation. Water quality must be routinely monitored to meet health standards to avoid risks of infections or illness.

Public pool safety standards

Regulations for public pools fall under the Illinois Department of Public Health (IDPH) and include:

A pool owner must obtain a permit for construction or major renovations.

Pools must maintain proper chemical balances, with specific standards for chlorine and pH levels to prevent bacterial growth. Public pools must comply with the Virginia Graeme Baker Pool and Spa Safety Act, requiring anti-entrapment drain covers. Pools open to the public, such as those in parks or community centers, typically require trained and certified lifeguards.

Public swimming pool operators must be licensed by the IDPH and undergo annual inspections. Operators must have safety plans, including procedures for emergencies like drowning incidents or chemical spills.

Pools must display safety signs, such as “No Diving” in shallow areas and warnings about proper pool use. Emergency contact numbers and pool rules should be prominently posted.

Failure to adhere to Illinois swimming pool laws may result in fines, the closure of public pools, or legal liability if an accident occurs due to negligence.

Residential swimming pool regulations

Many municipalities in Illinois, such as Chicago, require alarms on pool access points to alert homeowners if someone enters the pool area. Most local governments mandate building permits for pool construction to ensure compliance with zoning and safety requirements.

Illinois premises liability and swimming pool injuries

Most Illinois swimming pool-related lawsuits will be part of premises liability law. Premises liability is the area of law that covers a person injured by a property hazard. Illinois premises liability law requires a property owner or manager to keep premises safe from hazards that they should reasonably be aware of. 

In each of the instances mentioned above, the pool operator could be liable for an injury or death related to a safety issue at the pool. The attractive nuisance doctrine holds a pool owner liable for injury to a child who has entered their property and accessed a pool because of inadequate safety measures. Even if the owner didn’t know the child was there, they are responsible for taking every precaution to prevent a child from entering their pool area. 

If you’ve been injured because of a swimming accident—or any accident in or around a swimming pool—you might be able to file a lawsuit if it was because of negligence or a property hazard. If you need legal guidance, contact an Illinois personal injury lawyer for assistance.