Apartment Hotel Drowning: Pursuing a Negligence Lawsuit for Unsecured Pool Areas

Drowning is a leading cause of unintentional injury-related death, especially for children. According to the CDC, about ten people die from drowning every day in the U.S. Apartment and hotel pools, while intended for recreation and relaxation, can become the sites of tragic accidents. When these accidents occur due to negligence, victims and their families have the right to pursue justice through a negligence lawsuit, seeking compensation for their losses and holding the responsible parties accountable.

The Legal Obligations of Property Owners

Property owners, including apartment complexes and hotels, have a legal duty to ensure the safety of their premises for tenants and guests. This duty of care extends to swimming pools, where owners must take reasonable measures to prevent foreseeable harm. Failing to maintain a safe pool environment can lead to liability in the event of a drowning or injury. This falls under premises liability law, which holds property owners accountable for injuries that occur on their property due to unsafe conditions.

Common Causes of Drowning in Apartment and Hotel Pools

Several factors can contribute to drowning accidents in apartment and hotel pools. Some of the most common include:

Lack of Supervision: The absence of lifeguards or adequate supervision is a significant risk factor. Many apartment complexes and hotels do not employ lifeguards, placing the responsibility on residents and guests to supervise themselves and their children.
Inadequate Fencing and Access Control: Pools should be surrounded by a fence at least four feet tall with self-closing and self-latching gates to prevent unsupervised access, especially by children.
Missing or Defective Safety Equipment: Life-saving equipment, such as flotation devices and reaching poles, should be readily available and in good condition. Emergency phones should also be accessible near the pool area.
Poorly Maintained Pools: Cloudy or murky water can obscure visibility, making it difficult to spot a drowning victim. Proper chemical balance and regular cleaning are essential.
Lack of Warning Signs: Clear and visible signs should be posted to indicate pool rules, depth markings, and potential hazards, such as “No Diving” warnings.
Defective Pool Equipment: Malfunctioning or poorly maintained equipment, such as ladders, diving boards, and drain covers, can create dangerous conditions.
Negligence Per Se: If pool managers fail to ensure lifeguards have adequate training, then they could be at fault for any injuries that occurred as a result.

Establishing Negligence in a Drowning Lawsuit

To successfully pursue a negligence lawsuit for a drowning in an apartment or hotel pool, it is crucial to establish that the property owner was negligent. This involves demonstrating the following elements:

Duty of Care: The property owner owed a duty of care to the victim.
Breach of Duty: The property owner breached that duty by failing to maintain a safe pool environment.
Causation: The property owner’s breach of duty directly caused the drowning.
Damages: The victim suffered damages as a result of the drowning, such as medical expenses, funeral costs, and emotional distress.

Evidence to support a negligence claim may include:

Photos of the pool area, highlighting any hazards or code violations
Eyewitness testimony
Maintenance records
Incident reports
Expert testimony from pool safety professionals

Who Can Be Held Liable?

In a drowning accident case, several parties could be held liable, including:

Property Owners and Landlords: Responsible for maintaining a safe pool area.
Property Management Companies: Often oversee daily operations and maintenance.
Security Companies: May be liable if they fail to properly monitor the premises.
Pool Maintenance Companies: Responsible for ensuring the pool is properly maintained and safe.
Equipment Manufacturers: If a defective product contributed to the drowning.

The Virginia Graeme Baker Pool and Spa Safety Act (VGBA)

The Virginia Graeme Baker Pool and Spa Safety Act (VGBA) is a federal law that imposes strict safety standards for public pools and spas to prevent drowning and entrapment. The VGBA requires that all public pools and spas have drain covers that meet specific safety standards to prevent suction entrapment, which can occur when a swimmer becomes trapped against a drain due to the force of the suction.

Compensation in a Drowning Lawsuit

Victims and their families may be entitled to various types of compensation in a drowning lawsuit, including:

Medical Expenses: Costs associated with treating injuries sustained in the drowning.
Funeral Expenses: Costs associated with burial and funeral arrangements.
Lost Income: Compensation for lost wages and future earning capacity.
Pain and Suffering: Compensation for physical pain and emotional distress.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

The Importance of Legal Representation

Pursuing a negligence lawsuit for a drowning can be a complex and challenging process. It is essential to seek the guidance of an experienced personal injury attorney who can:

Investigate the accident and gather evidence
Identify all responsible parties
Negotiate with insurance companies
File a lawsuit and represent you in court

Preventative Measures for Apartment and Hotel Pools

To prevent future tragedies, apartment complexes and hotels should implement the following safety measures:

Install and maintain proper fencing and access control
Provide adequate supervision or lifeguards
Ensure that life-saving equipment is readily available
Maintain clear and balanced water chemistry
Post clear and visible warning signs
Regularly inspect and maintain pool equipment
Train staff in CPR and water rescue techniques
Develop and implement an emergency action plan

Recent Negligence Lawsuit

In August 2025, Moore Payne Law filed a negligence case against Tradewinds Apartment Hotel after a five-year-old drowned in an unsecured pool. The lawsuit cites years of uncorrected pool safety violations and failure to protect children from foreseeable risks. The child exited her room through a defective door and accessed the pool through a gate that failed to self-close or latch. Surveillance footage showed the child struggling in the pool for over eight minutes without intervention due to obstructed security cameras.

Conclusion

Drowning accidents in apartment and hotel pools are preventable tragedies that can have devastating consequences for victims and their families. By understanding the legal obligations of property owners and taking proactive safety measures, we can work together to create safer swimming environments and prevent future drownings. If you or a loved one has been affected by a drowning accident, it is essential to seek legal advice and pursue justice against those responsible.