Personal Injury
A phone call about a pool accident is one of the hardest calls I receive. The injuries are often catastrophic — brain damage from oxygen deprivation, spinal cord injuries from diving incidents, or the unimaginable loss of a child to drowning. And in almost every case, someone is asking the same question: Is the pool owner responsible for this?
The answer depends on a number of factors under Maryland law, including where the accident happened, who the victim was, what safety precautions were or were not in place, and whether the pool owner violated their legal duty of care. In this article, I'm going to walk through how Maryland premises liability law applies specifically to swimming pool injuries and drownings — covering both private residential pools and commercial or public pool settings.
If you or a family member has been injured at a pool in Maryland, or if you've lost a loved one in a drowning accident, understanding these legal principles is the first step toward knowing whether you have a claim.
Every pool injury case in Maryland begins with the same legal framework: premises liability. This is the area of law that holds property owners responsible for maintaining safe conditions on their property and protecting people from foreseeable hazards.
Under Maryland law, the duty a property owner owes depends on the visitor's legal status. Maryland courts classify visitors into three categories: invitees, licensees, and trespassers.
Invitees are people who enter the property for the owner's benefit — a paying guest at a hotel pool, a member at a fitness center, or a customer at a waterpark. Property owners owe invitees the highest duty of care, including the obligation to regularly inspect the premises, fix known hazards, and warn of dangers that cannot be immediately corrected.
Licensees are social guests — the neighbor you invite over for a weekend swim, a friend's child who comes to use your backyard pool. Property owners must warn licensees about known hidden dangers but are not required to actively inspect for hazards the way they would for invitees.
Trespassers are people who enter without permission. Generally, Maryland property owners owe trespassers only the duty to refrain from willfully or wantonly causing them injury. However, there is one critical exception that applies directly to pool cases: children.
This is where Maryland law gets complicated — and where I've seen a lot of confusion.
Many states follow the "attractive nuisance doctrine," which holds property owners liable when children are lured onto property by something dangerous and appealing (like a swimming pool) and are injured as a result. Maryland's relationship with this doctrine is nuanced. The Maryland Court of Appeals has historically declined to formally adopt the attractive nuisance doctrine, as noted in cases like Herring v. Christensen (252 Md. 240, 1969).
But that does not mean Maryland pool owners are off the hook when a child trespasses and is injured. Maryland courts have recognized that property owners can be held liable for injuries to trespassing children in situations where the child was too young to appreciate the danger, the pool owner knew or should have known children were likely to access the pool, and the owner failed to take reasonable precautions to prevent that access.
This is where fencing requirements become critically important — not just as a regulatory compliance issue, but as direct evidence of whether a pool owner met their duty of care.
Maryland imposes specific requirements for pool barriers, and failing to meet them can be powerful evidence of negligence in a personal injury or wrongful death lawsuit.
For residential pools, the requirements are largely governed at the county level, since most Maryland counties have adopted some version of the International Residential Code. The baseline requirements across most jurisdictions include a fence at least 48 inches (4 feet) tall surrounding the pool, a maximum gap of 2 inches between the bottom of the fence and the ground, fence pickets spaced no more than 4 inches apart, self-closing and self-latching gates with locking devices, and gate latches mounted at least 54 inches above ground level (or on the pool side of the gate if lower).
Some counties impose stricter standards. Montgomery County, for example, requires fences to be at least 5 feet tall, securely anchored in the ground, and maintained in good condition. Above-ground pools taller than 4 feet may be exempt from additional fencing requirements if the pool has a detachable ladder — but if the pool is shorter than 4 feet, a barrier must be installed to bring the effective height up to code.
For commercial, semi-public, and public pools, the standards are governed by COMAR (Code of Maryland Regulations) Title 10, Subtitle 17. These regulations require barriers at least 72 inches (6 feet) tall, openings that do not allow passage of a 4-inch sphere, no footholds or features that would make the barrier easy to climb, and self-closing and self-latching gates with locks.
When a pool owner fails to comply with these fencing requirements, and someone — particularly a child — gains unsupervised access to the pool and is injured, that violation becomes central to the negligence analysis. In my experience, a missing or inadequate fence is often the single most important fact in a pool drowning case.
Most drownings of children between the ages of one and four happen in residential pools. These cases are devastating, and they almost always involve a failure of supervision, a failure of barrier protection, or both.
As a homeowner with a pool in Maryland, you have a legal duty to take reasonable steps to prevent foreseeable harm to people on your property — including people you did not invite. That duty includes maintaining compliant fencing and gate hardware, ensuring the pool area is secured when not in use, removing toys, floats, and other items that might attract children to the water when no one is supervising, maintaining water clarity so anyone in distress can be seen, and keeping pool equipment (drains, ladders, diving boards, slides) in safe working condition.
When a homeowner neglects these duties and an injury occurs, they can be held liable under Maryland premises liability law. The injured person (or, in a wrongful death case, the family of the deceased) can pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.
One issue I see frequently is pool owners who assume their homeowner's insurance will cover everything. It may — but many homeowner's policies have relatively low liability limits that are nowhere near adequate for a catastrophic pool injury or drowning death. A child who suffers brain damage from a near-drowning may require millions of dollars in lifetime medical care. If your policy limit is $100,000 or $300,000, you could face significant personal financial exposure.
Hotels, apartment complexes, fitness centers, community pools, HOAs, and waterparks face a higher standard of care than private homeowners. These facilities are dealing with invitees — people who are on the property for the owner's or operator's benefit — and the law requires them to actively inspect for hazards and take affirmative steps to prevent injuries.
Commercial pool operators in Maryland must comply with COMAR regulations, which include requirements for certified pool operators (CPOs) who are responsible for water quality, safety equipment, and operational compliance. The regulations address water chemistry and clarity standards, proper drain cover installation and anti-entrapment systems, adequate safety equipment (life rings, reaching poles, first aid kits), signage indicating pool depth, rules, and the absence of lifeguards (where applicable), and regular inspections and documentation.
When a commercial pool operator cuts corners on any of these requirements, they are creating the conditions for a negligence claim. I've seen cases involving hotels that failed to maintain proper water clarity — making it impossible for anyone to see a swimmer in distress at the bottom of the pool. I've seen apartment complexes where the pool gate latch had been broken for months, allowing small children from the complex to access the pool area unsupervised. And I've seen fitness centers where lifeguard staffing was inadequate or lifeguards were poorly trained, distracted, or assigned to multiple duties simultaneously.
Each of these failures represents a breach of the duty of care owed to pool users.
One of the most terrifying pool hazards is drain entrapment — when a swimmer's hair, body, limbs, or even internal organs are trapped by the suction force of a pool drain. The injuries can be fatal, and they can happen in seconds.
The federal Virginia Graeme Baker Pool and Spa Safety Act (VGB Act), enacted in 2007 and enforceable since December 2008, was passed after seven-year-old Virginia Graeme Baker drowned when she was trapped by the suction from a spa drain. The law requires all public and semi-public pools and spas to use anti-entrapment drain covers that meet specific safety standards, and pools with single main drains must also install additional safety systems like safety vacuum release systems (SVRS).
Maryland enforces these requirements through COMAR regulations for commercial pools. However, the VGB Act's drain cover replacement requirements did not originally extend to private residential pools — though any drain cover sold after December 2008 must comply with the federal standard, regardless of whether it's installed in a commercial or residential pool.
If a pool operator or owner fails to install compliant drain covers and a swimmer is injured or killed by drain entrapment, that failure is strong evidence of negligence. Depending on the circumstances, the claim may also include a product liability component against the manufacturer or installer of the defective drain system.
Inadequate lifeguard staffing and training is one of the most common — and most preventable — causes of pool injuries and drownings at commercial facilities.
Pool operators who employ lifeguards have a duty to ensure those lifeguards are properly certified, adequately trained in water rescue and CPR, alert and attentive while on duty, rotated at appropriate intervals to prevent fatigue, and not assigned to non-lifeguarding tasks while responsible for swimmer safety.
When a drowning or near-drowning occurs at a pool with a lifeguard on duty, one of the first questions I investigate is what the lifeguard was doing at the time. Were they watching the water? Were they on their phone? Were they also responsible for checking pool passes or selling concessions? Were they actually certified? These details matter enormously, because a lifeguard who is present but not performing their duties is, from a liability standpoint, arguably worse than having no lifeguard at all — it creates a false sense of security that leads parents and swimmers to let their guard down.
Here is where I need to be direct about something that surprises many of my clients.
Maryland is one of only a handful of states that still follows the contributory negligence doctrine. Under this rule, if the injured person is found to be even 1% at fault for the accident, they can be completely barred from recovering any compensation — even if the pool owner was 99% at fault.
Insurance companies and defense attorneys in pool injury cases know this rule well, and they use it aggressively. Common contributory negligence arguments in pool cases include the swimmer was in an area of the pool they knew was too deep for their ability, the injured person ignored posted warning signs, a parent failed to supervise their child adequately, the swimmer was intoxicated, or the injured person was trespassing.
This is why building a strong case early is so critical. Evidence preservation — surveillance footage, witness statements, maintenance records, inspection logs, photographs of the pool and surrounding area — needs to begin immediately. In pool cases, evidence can disappear quickly. Pools get cleaned, fences get repaired, and memories fade.
There are limited exceptions to contributory negligence in Maryland, including the last clear chance doctrine and the special treatment courts give to young children who may not be capable of contributory negligence due to their age. These exceptions can be the difference between a case that survives and one that is dismissed entirely.
If you can establish that a pool owner's negligence caused your injury or your loved one's death, Maryland law allows recovery for several categories of damages.
Economic damages include medical expenses (emergency care, hospitalization, surgery, rehabilitation, long-term care for brain injuries or spinal cord injuries), lost wages and lost earning capacity, home modifications for disability, and future care costs. There is no statutory cap on economic damages in Maryland.
Noneconomic damages include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. Maryland does cap noneconomic damages. For causes of action arising between October 1, 2025, and October 1, 2026, the cap is $965,000 for a single plaintiff. In wrongful death cases with two or more beneficiaries, the cap increases to $1,447,500.
In a wrongful death case, the family of the deceased can also pursue damages for funeral and burial expenses, loss of financial support, and loss of companionship and care. When there is also a viable survival action — a claim on behalf of the deceased person's estate for the suffering they experienced before death — the combined maximum for noneconomic damages can reach $2,412,500.
Maryland law gives you three years from the date of injury to file a personal injury lawsuit, and three years from the date of death to file a wrongful death claim. Missing this deadline almost always means losing your right to pursue compensation entirely, regardless of how strong your case is.
Three years might sound like a long time, but pool injury cases — especially those involving commercial facilities, multiple defendants, or product liability claims against equipment manufacturers — require significant investigation. Identifying all responsible parties, preserving evidence, securing expert opinions, and building a compelling case takes time. The sooner you talk to an attorney, the stronger your case will be.
One thing that surprises people is that pool injury cases often involve multiple defendants. Depending on the circumstances, liable parties may include the pool owner (homeowner, hotel, apartment complex, HOA, fitness center), the pool operator or management company (if different from the owner), lifeguards and their employer, the pool maintenance company, the manufacturer of defective pool equipment (drain covers, ladders, slides, diving boards, chemical systems), the contractor who installed or repaired pool equipment, and the property manager or condominium association.
Identifying every potentially responsible party is essential, because each one may carry separate insurance coverage. In a catastrophic injury or wrongful death case, accessing every available policy can make a significant difference in the total recovery.
If you or a loved one has been injured at a pool, these steps can help protect your rights. Call 911 immediately and get medical attention — even if the injury seems minor at first. Brain injuries from oxygen deprivation may not show their full extent for hours or days. Document everything — take photos and video of the pool, the fencing, the gate, the drain covers, the signage, the surrounding area, and any hazardous conditions. Get the names and contact information of witnesses. Do not give a recorded statement to any insurance company before speaking with an attorney. Request any incident reports filed by the pool owner or operator. And preserve any clothing, swimwear, or personal items involved in the incident.
Pool injuries are among the most traumatic cases I handle. The victims are often children, and the consequences — brain damage, paralysis, death — are among the most severe in all of personal injury law. These cases require immediate action, thorough investigation, and an attorney who understands both the science of how these accidents happen and the law that holds negligent pool owners accountable.
If someone you love has been injured or killed in a swimming pool accident in Maryland, I want to hear from you. Every case is different, and the details of your situation matter. Contact me at SG Legal Group for a free consultation. I'll review the facts of your case, explain your options, and help you understand the path forward.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change, and individual circumstances vary. For advice specific to your situation, please consult with a qualified attorney.
Joshua C. Sussex, Esq.
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