In California, a new or remodeled pool or spa at a private single-family home must have at least two of seven drowning prevention safety features when a building permit is issued, such as an isolating enclosure, a safety pool cover, or exit alarms (Health and Safety Code section 115922). If a missing barrier, broken gate, or careless supervision led to a drowning or injury, the owner or another responsible party may be liable. You generally have two years to sue (Code of Civil Procedure section 335.1). Our office is open 24/7 and calls are answered at (619) 525-7007.
Reviewed by Vikas Bajaj, Attorney at Law
This page covers drownings, near-drownings, and other injuries at home pools, apartment and HOA pools, hotels, and spas in San Diego.
California law explained: the Swimming Pool Safety Act
- What counts as a pool: any structure intended for swimming or recreational bathing that contains water over 18 inches deep, including in-ground and aboveground structures, hot tubs, spas, portable spas, and nonportable wading pools (Health and Safety Code section 115921).
- Two of seven features: when a building permit is issued for a new pool or spa, or to remodel an existing one, at a private single-family home, it must have at least two of these: an enclosure that isolates the pool; removable mesh fencing with a self-closing, self-latching gate; an approved safety pool cover; exit alarms on the home’s doors and windows that give access to the pool; a self-closing, self-latching device on those doors with a release at least 54 inches above the floor; a pool alarm that sounds when someone enters the water (child-worn alarms do not qualify); or other equally protective means (Health and Safety Code section 115922).
- Combinations that do not count: an exit alarm and a self-closing device on the same door; exit alarms and latching devices on separate doors; or a safety cover combined with a pool alarm (Health and Safety Code section 115922, subd. (b)).
- Inspection: before final approval, the local building official must inspect and approve the drowning safety prevention features (Health and Safety Code section 115922, subd. (c)).
- Owner duty: every property owner must use ordinary care in managing the property, and a violation of a safety statute meant to prevent drowning can create a presumption of negligence (Civil Code section 1714; Evidence Code section 669).
- Jury instructions: premises liability claims use the Judicial Council’s civil jury instructions (CACI), series 1000.
Legislative history: SB 442 (2017) and SB 552 (2024)
Senate Bill 442, “Public health: pools: drownings,” was chaptered October 11, 2017 as Chapter 670, Statutes of 2017, and changed the Swimming Pool Safety Act from requiring at least one of seven drowning prevention features to at least two. According to the Legislative Counsel’s Digest, it also revised some features and deleted the exemption for local governments that adopt their own pool ordinances. The current text of Health and Safety Code section 115922 and Health and Safety Code section 115921 reflects amendments by Senate Bill 552 (Stats. 2024, Ch. 769), effective January 1, 2025. Sources: leginfo section history notes and bill status.
Swimming Pool Accident Statistics
The CDC publishes national drowning data and prevention steps, including barriers, supervision, and swimming skills; see the CDC drowning facts page and the CDC drowning prevention page.
Swimming Pool Accident Causes
The CDC identifies these drowning risk factors (CDC drowning risk factors page):
- Missing or ineffective fences: the CDC reports that a four-sided isolation fence separating the pool from the house and yard reduces a child’s drowning risk by 83 percent compared with three-sided property-line fencing.
- Lack of close supervision: drowning can happen quickly and quietly, especially to unsupervised children.
- Not being able to swim: formal swimming lessons can reduce drowning risk among children and young adults.
- Alcohol: among adolescents and adults, alcohol is involved in up to 70 percent of deaths associated with water recreation.
- Seizure disorders and heart conditions: both are associated with a higher drowning risk.
Other pool injuries come from slippery decks, diving into shallow water, broken ladders, and drain entrapment. The CPSC’s CPSC Pool Safely site covers drain covers, barriers, and supervision.
Swimming Pool Accident Injuries
Nonfatal drowning: a person can survive a drowning incident and still need emergency and follow-up care; the CDC notes that people with seizure disorders face a higher risk of both fatal and nonfatal drowning ( CDC drowning risk factors page ). Spinal cord injuries: diving into shallow water can damage the spinal cord and cause loss of movement or feeling ( MedlinePlus spinal cord injuries page ). For the statewide rules, see what the brain injury page covers on concussion and TBI.
Who is Responsible for Swimming Pool Accidents?
Premises Liability
Everyone is responsible for injuries caused by a lack of ordinary care in managing their property (Civil Code section 1714). That includes homeowners, landlords, apartment complexes, HOAs, and hotels that leave gates propped open, skip required barriers (Health and Safety Code section 115922), or let decks, lighting, or drain covers fall into disrepair. California’s recreational-use statute can limit a landowner’s duty to people who enter for recreation, but it does not protect a willful or malicious failure to guard or warn, entry for which payment was received, or people who were expressly invited rather than merely permitted (Civil Code section 846).
Defective Products
Manufacturers of defective pool covers, drain covers, alarms, ladders, or slides are strictly liable for injuries the defect causes, under Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. See our product liability page. Product hazards can be reported to the CPSC on SaferProducts.gov.
Public pools
Public entities that run pools can be liable for a dangerous condition of their property (Government Code section 835), with a six-month written claim deadline (Government Code section 911.2).
What to Do After a San Diego Swimming Pool Accident
- Call 911 for anyone pulled from the water, even if they seem fine afterward.
- Get medical care. Concussion symptoms after a fall or dive can be delayed (CDC traumatic brain injury page).
- Photograph the gate, latch, fence height, alarms, cover, drain, deck surface, depth markers, and signs before anything is repaired.
- Write down who was supervising, who owns or manages the pool, and names of witnesses and lifeguards.
- Keep any defective part and do not let it be thrown away; it may be the main evidence in a product claim.
- Ask the property owner or manager for incident reports and inspection records in writing.
Responsible parties at a glance
- Homeowners and landlords who skipped required barriers or left gates propped open.
- Apartment complexes, HOAs, and hotels that failed to maintain gates, covers, drains, or lighting.
- Manufacturers of defective covers, drains, or alarms, under product liability rules; see our product liability page.
- Public entities that run pools: a written claim generally must be presented within six months (Government Code section 911.2).
Damages for Swimming Pool Accident Injuries
Pool injury damages can include long-term care after a near-drowning or a diving-related spinal injury. For the statewide rules, see our explainer on economic and non-economic damages.
Settlement offers, negotiation, and trial
Pool claims are often paid by a homeowner’s or commercial property policy, so its terms shape settlement talks. how CCP 998 offers and fee agreements work has the full background.
Statute of Limitations on Swimming Pool Accident Cases
For a child hurt in a private pool, the two-year clock is paused until age 18; a public pool claim still needs a government claim within six months. Read the filing deadlines explainer, including government claims for the shared California law.
Related injury pages
See our product liability page, San Diego car accident page, catastrophic injury page, wrongful death page.
Swimming pool accident questions and answers
Does California require safety features for home pools?
Yes. A new or remodeled pool or spa at a private single-family home needs at least two of seven drowning prevention features when a building permit is issued (Health and Safety Code section 115922).
Does the law apply to hot tubs and spas?
Yes. The definition of a swimming pool includes hot tubs and spas with water over 18 inches deep (Health and Safety Code section 115921).
Does a pool cover plus a pool alarm satisfy the law?
No. That combination does not count as two features (Health and Safety Code section 115922, subd. (b)).
When did California start requiring two safety features?
SB 442 (Stats. 2017, Ch. 670) raised the requirement from one feature to two; the current text reflects SB 552 (Stats. 2024, Ch. 769), effective January 1, 2025 (Health and Safety Code section 115922).
How long do I have to file a pool accident lawsuit?
Generally two years (Code of Civil Procedure section 335.1); claims against a public entity generally require a written claim within six months (Government Code section 911.2).
Who is responsible when a child drowns in a neighbor’s pool?
Possibly the owner, if a lack of ordinary care in managing the property caused the death (Civil Code section 1714), for example a missing barrier required by Health and Safety Code section 115922. A wrongful death claim belongs to the family; see our wrongful death page.
Does my child have more time to file?
Generally yes. Time while the injured person is under 18 does not count toward the two-year deadline (Code of Civil Procedure section 352), except for claims against public entities.
How do attorney fees work?
No attorney fee unless we recover. If there is no recovery, you owe no attorney fees and no case costs, as stated in your fee agreement.
How do I reach Injury Trial Lawyers?
Injury Trial Lawyers is open 24/7, and calls are answered at (619) 525-7007.
This page is general information about California law, not legal advice.