Many people rely on pools to beat the heat in Phoenix. But many pools carry risks, especially private, community, and resort pools. Drowning and near-drowning accidents happen in a matter of seconds. Many of these accidents are preventable and stem from a property owner’s failure to maintain a safe environment.
When a non-fatal drowning occurs, the medical, emotional, and financial consequences can be catastrophic. If a near-drowning accident happens on someone else’s property, understanding Arizona’s premises liability laws is essential to determining if the property owner is legally at fault. The team at Your Injury Case can navigate this process for you and seek the compensation you deserve,
Premises Liability: The Legal Responsibility of Pool Owners
Under Arizona law, property owners have a legal duty of care to maintain their property in a reasonably safe condition for visitors. This obligation extends directly to swimming pools, spas, and the surrounding pool decks.
Whether an owner is liable depends heavily on the visitor’s status and whether the property owner’s negligence directly caused the accident.
Common grounds for establishing property owner fault in a Phoenix near-drowning include:
Inadequate or Defective Enclosures
Arizona law (A.R.S. § 36-1681) establishes strict regulations for pool enclosures. For most residential pools, barriers must be at least 5 feet high and have self-closing and self-latching gates. There must also be no openings large enough for a small child to crawl through.
If a landlord, homeowner, or apartment complex fails to secure a pool with a code-compliant fence and a child slips through, the owner can be held liable.
The “Attractive Nuisance” Doctrine
Generally, property owners owe a very low duty of care to trespassers. However, Arizona strictly enforces the Attractive Nuisance Doctrine when children are involved. Swimming pools are a classic example of an attractive nuisance. Property owners are expected to anticipate that children may be drawn to water, even if they are uninvited. If a homeowner fails to secure their pool and a child wanders in and suffers a near-drowning, the homeowner can still be held liable.
Negligent Supervision and Lack of Warnings
For commercial properties, such as Phoenix resorts, hotels, and public water parks, the duty of care is even higher. These entities can be held liable if lifeguards are poorly trained, distracted, or absent when they were supposed to be present. If the facility fails to post required depth markers or clear “No Lifeguard on Duty” warnings. Overcrowded pools can also lead to negligent supervision because staff can not find a distressed swimmer.
Hidden or Defective Hazards
A property owner is at fault if they know (or should know) about a hidden danger and fail to fix it or warn guests. This includes broken or missing drain covers. If not fixed, they can trap a swimmer underwater due to powerful suction. Murky, poorly chemically balanced water that severely limits visibility can also be a problem.
The Severe Impact of Non-Fatal Drownings
The term “near-drowning” doesn’t truly tell the story of the severity of these accidents. After just four minutes without oxygen, severe and irreversible brain damage can occur. Victims of non-fatal drownings frequently face lifelong challenges, including:
- Traumatic Brain Injuries (TBI)
- Acute Respiratory Distress Syndrome (ARDS)
- Cognitive and motor function impairments
- Permanent paralysis
The financial toll of long-term rehabilitation, specialized medical equipment, and around-the-clock care can quickly become expensive. When you work with Your Injury Case, our team seeks compensation to cover these expenses.
Arizona’s Pure Comparative Fault Rule
It is common for property owners or their insurance companies to try to deflect blame by claiming that the victim or their parents failed to supervise properly.
Arizona operates under a pure comparative fault system. This means that even if a jury finds the victim or guardian partially responsible for the accident, the property owner can still be held liable for their percentage of the fault.
What to Do After a Near-Drowning Accident
If a loved one has suffered a near-drowning accident, the steps you take immediately following the accident can protect your family.
- Prioritize Medical Care: Document every medical appointment. Some symptoms are delayed, so it is important to keep a log of all medical visits.
- Document the Scene: If possible, take immediate photos or videos of the pool area, focusing on broken gates, missing signs, murky water, or lack of barriers.
- Identify Witnesses: Gather names and contact information from anyone who saw the incident or noticed the unsafe pool conditions beforehand. They can help to build a case in the future.
Contact Our Team Today
If you or a loved one has been involved in a near-drowning accident, the team at Your Injury Case is here. We have the experience you can trust to defend your case and seek compensation. Contact us today at 346-258-3945 or reach out online for more information and to schedule a consultation.
