Understanding Pool Drowning Liability
Pool safety laws, premises liability, and negligent supervision
2026 Drowning Statistics
4,500
Deaths/Year
75%
Children
50%
Under Age 4
80%
In Summer
Outcome Types & Avg Settlements
| Outcome | Avg Settlement |
|---|---|
Near Drowning - Full Recovery Rescued, no permanent injuries | $150,000 |
Near Drowning - Brain Damage Hypoxic brain injury, permanent | $2,500,000 |
Drowning - Wrongful Death (Child) Fatal drowning, minor victim | $3,000,000 |
Drowning - Wrongful Death (Adult) Fatal drowning, adult victim | $2,000,000 |
Negligence Factors
- • No Pool Fence/Gate: 1.5x
- • No Lifeguard (Required): 1.4x
- • Defective Drain/Equipment: 1.6x
- • Inadequate Warnings: 1.3x
Liability by Location
- • Residential Pool (Homeowner): $500,000
- • Hotel/Resort Pool: $1,000,000
- • Public Pool/Waterpark: $1,500,000
- • Apartment/HOA Pool: $750,000
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Based on CDC (Centers for Disease Control) and CPSC (Consumer Product Safety Commission) Drowning Prevention 2026 data