Sadly, many people drown each year in private swimming pools, public swimming pools, lakes, rivers, and anywhere there is a body of water. Property owners have a duty to ensure that they are aware of the people who may use their swimming pools or waterways. They must take reasonable steps to ensure the safety of users and must warn users of known dangers. The duty of care may even apply to trespassers under some circumstances.

How common is drowning?

According to the US Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death among children between 1 and 4 years of age. Drowning is the second leading cause of death for children between 5 and 14 years of age. Each year, drowning causes 4,000 deaths nationwide. The rate of deaths per 100,000 in Tennessee is 1.4, slightly above the national average of 1.31.

Not all drowning accidents are fatal. Survivors may suffer traumatic brain injuries due to oxygen deprivation. Other injuries may include broken bones, spinal cord damage (such as when a swimmer dives into a shallow pool or lake), and many other injuries.

What are the common causes of drowning?

Some of the causes of drowning accidents include the following:

• Lack of supervision, such as failing to have lifeguards while a swimming pool is accessible
• The failure of lifeguards to act responsibly, including failing to provide CPR in a timely manner
• An inability to swim
• Failing to wear life jackets and other flotation devices
• Failing to limit access through the use of signs, fences, locks, and other barriers
• Failing to have signs indicating that the water is deep
• Defective equipment, such as diving boards
• Slippery areas around swimming pools
• Failing to maintain the drains and filters

When are property owners liable for drowning accidents?

Many different people, organizations, and businesses may be liable for drowning injuries and deaths, including the following:

• Residential property owners
• Motels and hotels
• Apartment complexes
• Private businesses, such as health clubs and daycare centers
• Public community organizations

The owners of private lakes and public parks that have waterways may also be liable for swimming or boating accidents.

Generally, homeowners and other property owners are liable for swimming pool accidents if they fail to use reasonable care to protect the people they invite to use their pool. Failing to meet the standard of reasonable care includes neglecting to take proper precautions. For example, no property owner should allow a child who doesn’t know how to swim to use their pool without the direct supervision of a parent or swimming teacher.

The owners of pools that are open to the public should prioritize employing lifeguards to ensure the safety of the people who use their pools or may fall into them.

What laws govern swimming pool safety in Knoxville, Tennessee?

Many homeowners and private entities own pools in Knoxville. Swimmers can also enjoy the city’s three indoor and two outdoor pools.

Private swimming pools

Private pool owners in Knoxville must comply with local building codes, which may include fencing, gate, and alarm requirements based on model codes like BOCA or the International Residential Code (IRC). These regulations demand that, among other requirements, pools have fences, walls, or other barriers to restrict access. There are rules for outdoor and indoor private pools. There are rules for the sound level of alarms, safety covers, and many other swimming pool features.

Public swimming pools

Public pool owners (such as the city of Knoxville) also have a duty of reasonable care. Pool owners must comply with the appropriate Tennessee health requirements.

1200-23-5-.02 requires, among other things, that “Type A” pools have one or more certified lifeguards depending on the size of the pool. “Lifeguards shall observe from the lifeguard chair except during instructional activities or during life-saving or emergency-type situations involving swimmers.” There are specific rules for limited access.

For example, outside pools should have walls, enclosures, buildings, or chain link fences that are at least four feet high. The openings to the pool area should have “self-closing and self-latching hardware for the permanent locking of gates and doors.”

Other swimming pool regulations govern:

• Storing and handling chemicals
• Communicable diseases
• Depth markers
• Diving boards
• Drains
• Gas chlorination
• General safety
• Illumination
• Lifelines, including flotation devices
• Life-saving equipment
• Water quality
• Water temperature
• Other safety features

1200-23-5-.03 provides minimum design standards for pools.

The attractive nuisance doctrine

Tennessee law, 29-34-208 provides that the owners of real property who have pools may be liable to children who trespass on their property under the “attractive nuisance” doctrine. This doctrine provides that pool owners should anticipate that children (anyone under 18) may use their pool – even if the homeowner does not invite the child to use their pool. The thought process is that children may be attracted to the pool without regard to whether they were asked to use the pool. Homeowners should take precautions to restrict access to children who are not invited.

Comparative negligence

The owners of pools (private and public) may argue that the swimmer (or a parent/guardian) was partially responsible. If the swimmer/parent is 50 percent or more responsible, they will lose their claim. If their fault is less than 50 percent, the value of their claim will be reduced by their percentage/degree of fault.

What damages can drowning victims (and their families) receive in Knoxville?

In Tennessee, premises liability law provides that survivors can seek personal injury damages against the responsible property owners. If a drowning accident is fatal, the family can file a wrongful death claim against the responsible property owners. We may also file product liability claims if defective equipment causes a drowning.

Personal injury damages include the current and future medical bills, pain and suffering, loss of income, and all other personal and financial damages due to the drowning. Wrongful death damages include the funeral and burial costs, the loss of financial support, and the loss of personal support your loved one would have provided.

Personal injury and wrongful death claims for drowning must be filed within one year from the date of the drowning. Don’t wait. Contact us today.

If you were injured or a loved one tragically drowned, Banks and Jones is ready to help. Our Knoxville personal injury lawyers have been fighting for personal injury victims for 30 years. Call us or use our contact form to schedule a free consultation. We fight 2 win.