Swimming Pool Accidents
Swimming Pool Accidents in Michigan: Drowning, Near-Drowning, and Premises Liability
Drowning is the leading cause of death for children ages 1-4 in the United States. It's also the fastest — a child can drown in under two minutes, silently, without the thrashing and screaming that people expect from movies. By the time anyone notices, the child is underwater and the damage is being done. Near-drowning — submersion that doesn't result in death — causes severe anoxic brain injuries that leave survivors with permanent cognitive disabilities, seizure disorders, and developmental delays. The injuries are catastrophic, and they're almost always preventable.
At Koussan Law, I represent drowning and near-drowning victims and their families in claims against pool owners, property managers, municipalities, and any other party whose negligence contributed to the incident. These cases are about failures in supervision, failures in barrier compliance, and failures in maintenance — failures that allowed a predictable and preventable tragedy to occur.
Michigan Pool Safety Requirements
Michigan law and local building codes impose specific safety requirements on pool owners. Residential pools must be enclosed by a barrier (fence) of at least 48 inches in height with self-closing, self-latching gates. The barrier must prevent direct access from the house to the pool without passing through a gated enclosure. Commercial pools — at hotels, apartments, community facilities — must comply with additional requirements including certified lifeguard staffing, depth markings, compliant drain covers under the Virginia Graeme Baker Pool and Spa Safety Act (federal law), and anti-entrapment devices.
When a pool owner fails to maintain these safety requirements and a drowning or near-drowning occurs, the owner is liable for negligence. The violation of a safety code is evidence of the breach of the duty of care — and in many cases, it's negligence per se.
Frequently Asked Questions
Q: Is a pool owner liable if a child trespasses and drowns?
Under Michigan's attractive nuisance doctrine, a property owner can be liable for injuries to trespassing children if the owner knew or should have known that children were likely to trespass, the condition (the pool) posed an unreasonable risk of serious injury or death to children, the children couldn't appreciate the danger due to their age, and the cost of eliminating the danger (installing a fence) was slight compared to the risk. Swimming pools are the textbook attractive nuisance. A pool owner without a compliant barrier fence is liable for a child trespasser's drowning under this doctrine.
Q: What damages are available in a drowning or near-drowning case?
In drowning death cases, Michigan's Wrongful Death Act (MCL § 600.2922) allows recovery for medical expenses incurred before death, funeral costs, loss of financial support, loss of companionship and society, and the deceased's pain and suffering. In near-drowning cases resulting in anoxic brain injury, damages include lifetime medical and custodial care costs (which can exceed $5 million), lost earning capacity, pain and suffering, and loss of quality of life. I retain life care planners and economists to project these costs accurately.
Q: Can I sue a hotel or apartment complex for a pool drowning?
Absolutely. Hotels, apartments, and other commercial properties owe a duty to maintain safe pool conditions — proper barriers, functioning drain covers, adequate signage, and in many cases, lifeguard staffing. If a hotel pool lacks the required anti-entrapment drain covers or an apartment complex fails to maintain its pool fence, the property owner is liable for foreseeable injuries. Commercial pool operators carry commercial general liability insurance, which often provides substantial coverage.
Q: What is the statute of limitations for a swimming pool accident claim in Michigan?
Three years from the date of the incident under MCL § 600.5805. For minors, the statute is tolled under MCL § 600.5851 until the child turns 18, extending the deadline to age 21. Wrongful death claims have a three-year deadline under MCL § 600.2922. Government-owned pool claims (municipal pools, public parks) require 120-day notice under MCL § 691.1404. Product liability claims against drain cover or pool equipment manufacturers follow the three-year statute plus the 10-year statute of repose.
