Swimming Pool Accidents: Premises Liability and Safety Standards

Swimming pools can be fun and relaxing, especially during warm Colorado summers. However, they can also pose serious risks for injuries or fatalities if safety standards are not met.  

At Downs, McDonough & Foley, LLC, we understand how life-changing swimming pool accidents can be. We’re committed to fighting for victims and their families, holding property owners accountable for negligence. Your safety matters, and we’re here to help. 

If you or someone you care about has been affected by a swimming pool accident, our experienced personal injury attorneys are here to provide the support and guidance you need.  

We’re committed to raising the bar on safety, helping property owners create spaces where residents and guests feel protected and cared for. 

With extensive experience in personal injury law, our firm serves communities throughout Southwest Colorado, including Durango, Telluride, Pagosa Springs, Cortez, and Four Corners.  

When Swimming Pools Become Dangerous

Swimming pools present inherent risks, but these risks increase significantly when safety protocols are overlooked. Drowning ranks among the leading causes of unintentional injury-related deaths, especially for children under the age of 14. 

But poolside dangers aren’t limited to drowning. Slip-and-fall injuries, head trauma, spinal cord damage, and infections due to improper maintenance are just a few of the hazards swimmers face.  

Property owners, whether they manage hotels, gyms, public pools, or even private residences, shoulder a legal duty of care. If they fail to meet safety standards, they can be held liable for accidents and injuries that occur on their property. 

For example: 

• Lack of barriers or fencing around a pool can allow unsupervised access, especially for children. 

• Missing warning signs for non-swimmers or hazardous conditions, like sudden depth changes, endangers those unfamiliar with the pool. 

• Faulty safety equipment, like broken pool ladders or malfunctioning drains, can pose serious and avoidable risks. 

• Improper maintenance, including poor water chemical balance, can result in rashes, infections, or worse.  

Does Premises Liability Apply to Your Case?

Swimming pool accident cases often fall under premises liability laws, which govern the responsibilities of property owners to maintain safe environments.  

Under Colorado law, property owners and managers are legally obligated to prevent foreseeable hazards that might harm visitors.  

Property owners’ responsibilities can vary depending on the type of visitor to their premises. 

• Invitees (paying customers or individuals visiting for business purposes): Property owners owe the highest level of care to invitees. Pools at hotels, gyms, or community centers fall under this category. 

• Licensees (social guests or individuals with permission to enter for non-business reasons): Property owners must repair or warn licensees of known hazards that aren’t obvious. 

• Trespassers (those entering without permission): The lowest level of duty is owed to trespassers, although the "attractive nuisance doctrine" often applies to children who access pools unsupervised. 

If your injury occurred at a private pool, public facility, or recreational center, determining the nature of the property and the owner's actions (or inactions) is key. We’ll carefully assess the situation to unravel how negligence may have contributed to the accident. 

Swimming Pool Safety Laws in Colorado

Colorado lacks uniform statewide swimming pool safety standards. However, city and county regulations provide essential guidelines that pool owners and operators must follow.  

Commonly enforced safety measures include the installation of fencing, compliant drain covers, anti-slip surfaces, and pool depth markings. 

One of the most important safety expectations is pool fencing. Many Colorado communities require barriers or enclosures at least four feet high, equipped with gates that self-close and self-latch. These precautions are essential for preventing unauthorized access, particularly for children. 

Another legal consideration involves the Virginia Graeme Baker Pool and Spa Safety Act, a federal law covering pools nationwide, including Colorado.  

This act requires public pools to install proper drain covers to prevent entrapment injuries. Failure to comply with this law can hold owners legally liable for accidents resulting directly from their non-compliance. 

If no clear safety violations are detected, there may still be liability for a property owner who did not act reasonably to mitigate danger. For instance, neglecting to clean up a freshly spilled drink near the pool could result in a slip-and-fall accident, potentially making the owner legally liable. 

Why You Need a Swimming Pool Accident Attorney

Victims of swimming pool accidents often endure overwhelming challenges, including escalating medical expenses, loss of income, and significant emotional trauma. 

Property or business insurance companies often attempt to minimize their client’s liability, proposing settlements that fall short of covering the full extent of your damages. Here’s how Downs, McDonough & Foley can help: 

We handle all legal communications, so you don’t have to worry about managing paperwork or negotiating with insurers. We gather evidence quickly, whether it’s eyewitness accounts, surveillance footage, or maintenance records, to build a strong case. With deep familiarity with Colorado premises liability laws and local regulations, we identify every angle worth pursuing in your claim.