Above Ground Pool Drowning: What You Need to Know

Above ground pools offer a fun and affordable way to beat the heat, but they also present a significant safety risk, especially for young children. Drowning is a leading cause of accidental death for children, and above ground pools are, unfortunately, a common site for these tragedies. According to the Consumer Product Safety Commission (CPSC), nearly 400 children under the age of 15 die every year due to drowning in pools and spas. Shockingly, 17% of swimming pool-related drowning deaths among children younger than 15 happen in above ground pools. This article will cover the dangers of above ground pools, preventative measures, and legal options if the unthinkable occurs.

The Risks of Above Ground Pools

Above ground pools pose unique dangers that homeowners need to be aware of:

Accessibility: Many above ground pools have ladders or steps that children can easily climb, gaining unsupervised access to the water. Some models have design flaws, such as nylon support bands, that act as footholds, making it even easier for children to enter the pool.
Lack of Visibility: The elevated walls of above ground pools can make it difficult to see a child in distress from outside the pool.
Wall Failure: Above ground pools are supported by walls that, if improperly assembled, poorly designed, or made from weak materials, can collapse under the pressure of the water. This can lead to injuries and drowning.
Suction Entrapment: Like in-ground pools, above ground pools have drains that can create a powerful suction, potentially trapping a child underwater.
Inadequate Safety Measures: Many owners of above ground pools fail to install proper fencing, alarms, or other safety devices, increasing the risk of accidents.

Preventative Measures: Creating a Safe Pool Environment

Preventing above ground pool drownings requires a multi-layered approach:

Install a Proper Fence: A four-sided fence with a self-closing and self-latching gate is crucial. The fence should be at least 4 feet high and made of a non-climbable material. Ensure there are no gaps or spaces larger than 4 inches.
Secure or Remove the Ladder: When the pool is not in use, remove the ladder or install a ladder with a locking gate or removable steps.
Install a Pool Alarm: Pool alarms can detect when someone has fallen into the water and sound an alert. There are surface wave sensors, sub-surface detectors, and gate alarms available.
Use a Secure Pool Cover: A rigid safety cover designed to hold the weight of a child without collapsing is essential. Standard tarps are not sufficient.
Constant Supervision: Never leave children unattended near the pool, even for a few seconds. Designate a “water watcher” who is responsible for supervising children in the water without any distractions.
Swimming Lessons: Teach children how to swim and educate them about water safety.
CPR Training: Learn CPR and keep emergency contact information readily available.
Clear the Area: Remove any objects or structures that could be used to climb over the fence.
Check Local Regulations: Familiarize yourself with local pool safety laws and regulations regarding fencing, alarms, and other safety requirements.
Maintain the Pool: Regularly inspect the pool for any hazards, such as damaged walls or faulty drains. Ensure proper chemical levels to maintain water clarity.

Legal Liability and Recourse

Despite taking precautions, accidents can still happen. In the event of a drowning or near-drowning in an above ground pool, legal options may be available.

Premises Liability: Pool owners have a legal duty to maintain a safe environment for guests. If negligence, such as failure to provide adequate fencing or supervision, contributed to the accident, the pool owner may be liable.
Product Liability: If a defect in the pool’s design or manufacturing caused the accident, the manufacturer, distributor, or retailer may be held responsible. For example, lawsuits are being filed against manufacturers of above ground pools with nylon support bands that can be used as footholds by children. In July 2025, a nationwide recall was issued for millions of above-ground pools with this defect.
Negligence: A negligence claim can be filed if the pool owner failed to exercise reasonable care, such as not maintaining the pool properly or failing to warn of known hazards.

Damages: Compensation may be available for medical bills, rehabilitation costs, emotional distress, funeral expenses (in the case of a fatality), and other losses.

Legal Action: If you or a loved one has been affected by an above ground pool accident, consulting with a personal injury attorney is crucial to understand your legal rights and options. An attorney can investigate the accident, gather evidence, and pursue a claim against the responsible parties.

Recent Recalls and Design Flaws

It’s important to stay informed about recent recalls and known design flaws in above ground pools. In July 2025, more than 5 million above-ground pools sold under the Bestway, Intex, and Polygroup (Summer Waves) brands were recalled due to a defective strap design that allows young children to climb into pools without supervision. These pools have compression straps on the outside that toddlers can use as footholds to access the pool, even when the ladder has been removed.

Conclusion

Above ground pools can be a source of fun and recreation, but they also require diligent safety measures to prevent drownings and other accidents. By understanding the risks, implementing preventative measures, and staying informed about recalls and design flaws, pool owners can create a safer environment for their families and guests. If an accident does occur, seeking legal counsel can help victims understand their rights and pursue compensation for their losses.