Who is liable if you’re injured while swimming in Pennsylvania?
Swimming pools are loads of fun... but they can also be dangerous. Here’s a guide to Pennsylvania regulations for swimming pool safety, and who might be liable if you become injured while swimming.
Pennsylvania is a pretty land-locked state. Though it has no oceanfront, there are several rivers, including nearly 1,000 miles of the Ohio River, nearly 500 miles of the Susquehanna, more than 300 miles of the Allegheny, 301 miles of the Delaware River, and several shorter waterways.
Pennsylvania also has 241 miles of Lake Erie waterfront, along with the Raystown Lake, Conneaut Lake, Harvey’s Lake, the Allegheny Reservoir, Pymatuning Lake, and others.
While these bodies of water have plenty of recreation opportunities, it’s safe to say that a good amount of swimming in Pennsylvania is in pools, either public or private.
Swimming is fun, great exercise, a great opportunity for socializing with family or friends, and is a crucial skill for children to learn. But it comes with risk, and swimming pool injuries can range from very minor to very serious—or even death.
Swimming accident statistics
The CDC reports that there are approximately 11 drowning deaths per day in the U.S., or about 4,000 per year. There are about 22 non-fatal drownings each day and 8,000 per year.
In fact, drowning is the leading cause of death in children ages 1-4 and the second leading cause of unintentional injury death in children ages 5-14, the first being car accidents.
What’s the difference between fatal and non-fatal drowning?
Drowning is when the mouth and nose are under water for too long and it becomes impossible to breathe. The person experiences respiratory impairment, but it is not always fatal.
The World Health Organization (WHO) and other international organizations define drowning as the process of respiratory impairment after being submerged in water. Drowning is the process, not the outcome. Drowning is actually caused by a lack of oxygen, not by the water that enters the lungs. If the person is rescued before drowning causes them to die, then they’ve experienced non-fatal drowning. Non-fatal drowning is far more common than fatal drowning.
After a person is rescued from water, observe whether they have coughing, wheezing, or lightheadedness. They might also experience irritability, confusion, headache, lethargy, vomiting, respiratory difficulties or unconsciousness. If any of these symptoms are present, they need emergency medical care.
This could be a “mild drowning” but they do require medical observation for a few hours. A person may experience drowning even if they are not fully submerged under water. It can occur from rafting, in heavy ocean surf, from a water slide, or by being splashed in the face. This could happen any time a person takes in water, even if their head is above water.
If the person does not recover or is not rescued in time, it becomes a fatal drowning.
Common types of Pennsylvania swimming pool accidents
Drowning or near-drowning
This risk is most concerning for most people, particularly for children who might not be strong swimmers. Even near-drowning can result in severe brain damage due to a lack of oxygen if not treated quickly.
Diving injuries
It’s crucial that no swimmer ever dive into water that’s too shallow. This can cause spinal cord injuries that lead to paralysis or other serious harm, and it also presents a risk for head injuries.
Chemical burns and respiratory issues
Improper chemical balancing in the pool can lead to skin irritations, eye injuries, or respiratory problems from inhaling fumes. Overexposure to chlorine is also a common issue.
Electrocution
Faulty pool lighting or electrical equipment near the water can pose a risk of electrocution.
Slip and fall accidents
A wet and slippery pool deck could result in a fall leading to a fracture, sprain, or head injury.
Pool drain entrapment
Suction from pool drains can entrap body parts or clothing, leading to injuries or drowning. Children are especially at risk if pool drains do not comply with safety regulations.
Cuts and lacerations
Broken glass, sharp pool edges, or damaged pool equipment can cause cuts or other injuries.
Heat-related illnesses
Although not directly related to the swimming pool, prolonged exposure to the sun without proper hydration or sunscreen can lead to sunburn, heat stroke, or heat exhaustion. Although being in the pool might make a person feel cooled and comfortable, they still need to be aware of these risks and take periodic breaks in the shade or in an air-conditioned space.
Pennsylvania swimming pool safety laws
Of all the injuries listed above, most are preventable. Pennsylvania has several laws and regulations that address swimming pool safety, with a primary focus on preventing accidents like drownings, especially for children. These laws often incorporate standards for fencing, pool maintenance, and liability.
Here’s an overview of Pennsylvania’s key swimming pool safety regulations.
Fences
A Pennsylvania residential swimming pool must be enclosed by a fence or barrier to prevent unauthorized or unsupervised access, particularly by children. The fence must be at least four feet tall and include self-closing and self-latching gates.
Some Pennsylvania municipalities have their own codes or ordinances that set higher standards for fences, such as up to six feet of height and requiring alarms on gates.
Drain and suction safety
Public and commercial pools in Pennsylvania must comply with the federal Virginia Graeme Baker Pool & Spa Safety Act. This requires anti-entrapment devices on pool drains to prevent injuries or deaths caused by suction entrapment.
Signs and warnings
Public pools are generally required to post clear signage about pool rules, such as “No Diving,” “Shallow Water,” or warnings about pool depth, to reduce the risk of injuries.
Electrical safety
Pool owners must ensure that all electrical components around the pool area, such as lights or pumps, are installed and maintained in accordance with electrical safety standards to prevent electrocution hazards.
Building codes
The Pennsylvania Uniform Construction Code (UCC) has adopted the International Swimming Pool and Spa Code (ISPSC), which governs the design, construction, and installation of residential pools and spas. It includes requirements for barriers, covers, ladders, and alarms to ensure pool safety.
Supervision and lifeguards
Pennsylvania law requires that public pools, such as those in parks, schools, and community centers, have trained lifeguards on duty during operating hours. While there is no state requirement for lifeguards at private residential pools, homeowners are generally expected to take reasonable precautions to supervise swimmers, especially children, and may be held liable for accidents that occur due to negligence.
Chemical safety and maintenance
Pennsylvania law requires pool operators (especially for public pools) to maintain water quality standards, which includes testing water for pH and chlorine levels to ensure swimmer safety and prevent chemical burns or respiratory problems.
Pennsylvania pool owner liability
If you’re injured in a pool accident, or if you own or manage a swimming pool, it’s worth knowing who is liable for a swimming pool injury and what their defenses could be.
Pennsylvania premises liability law includes swimming pools. Premises liability is the area of law that governs property hazards. Typically, the property owner is responsible for any injury, such as a dog bite or hazard-related accident, that occurs on their property.
Pool owners (both public and private) have a legal obligation to maintain a safe environment for guests and visitors. This includes regularly checking for and addressing hazards like broken equipment, chemical imbalances, or unsafe fencing.
There’s also the “attractive nuisance doctrine.” Under Pennsylvania law, swimming pools can be considered an “attractive nuisance,” meaning that property owners have a duty to take reasonable steps to secure the pool and protect children who may trespass. Failure to do so could result in liability if a child is injured or drowns in the pool.
Pennsylvania follows a modified comparative negligence rule, meaning that if the injured person is partially responsible for the accident, their damages may be reduced. However, if they are found to be more than 50% at fault, they cannot recover damages.
For example, if a swimmer ignored posted “No Diving” signs and sustained a head injury, their compensation could be reduced if the court determines they were partially responsible for the accident.
Assumption of risk
In some cases, pool owners might argue that the injured person assumed the risk of injury by participating in certain activities, such as diving or swimming without supervision. However, this defense is generally less effective if the owner failed to address known hazards or violated safety regulations.
Ultimately, the pool owner is responsible for ensuring that swimming areas are properly maintained and protected. Parents also have the responsibility of supervising their children anytime they’re near water—this might include teaching a child to swim at a young age, ensuring that doors or gates are locked and alarmed when necessary, and actively watching children while in the pool. Preventing swimming pool injuries is about taking a proactive approach that includes supervising swimmers, maintaining the pool area, and educating everyone about safety rules. Proper barriers, pool covers, and safety equipment, combined with a commitment to regular maintenance and emergency preparedness, can significantly reduce the risk of accidents.
Pennsylvania swimming pool liability laws emphasize the responsibility of pool owners to ensure safety through proper maintenance, supervision, and securing of the pool area. Homeowners and public pool operators can be held liable for accidents if they fail to take reasonable precautions to prevent injuries.
See our guide Choosing a personal injury attorney.