Child drowning and near-drowning incidents are not common, but they can be devastating for families. In 2013, 18 Tennessee children died by drowning according to the Tennessee Department of Health. Most of these children were between the ages of one and four, and most of these incidents took place while children were playing in or near pools. Of the pools that figured in these drowning incidents, only four had some kind of gate or barricade preventing access.
The Centers for Disease Control and Prevention notes that for every child who dies from drowning, five others are treated in emergency rooms and hospitals for nonfatal injuries related to submersion. Near drowning injuries can range from pulmonary complications like pneumonia and acute respiratory distress syndrome to brain injuries that leave victims in a permanent vegetative state.
To prevent these kinds of tragic accidents from happening, it’s extremely important that all swimming pools and other areas have childproof gates and barriers.
Some drowning incidents involve legal liability on the part of a third party whose negligence was a factor contributing to the accident. If, for example, your child falls into a neighbor’s pool or hot tub because your neighbor did not maintain the childproof gate around it in good condition, that neighbor may face liability for any injury your child incurs even if your child was on the neighbor’s property without permission.
The argument here is that any reasonable person would ensure that protective fencing and gates were in good condition. In fact, many municipalities make childproof fencing a requirement for putting in a residential swimming pool.
In general, homeowners do not have liability for trespassers’ injuries, but the law makes an exception for what are termed “attractive nuisances”: objects like swimming pools and playground that may be irresistible for younger children. The homeowner, then, is under the legal obligation to ensure that children who are attracted on to his or her property have no opportunity to injure themselves.
Since children are naturally drawn to pools and hot tubs, it’s important to put physical protections in place if you’re a parent who owns a pool or you’re a pool owner in a neighborhood with children. It’s equally important to follow safety guidelines when you’re supervising children in the water.
Fence your pool
Safety legal professionals recommend installing a gate that’s at least four feet high around all pools and hot tubs to keep little ones out. The gates should have latches that close automatically and are difficult for children to reach.
Install alarms in the pool area
Motion-activated alarms in your pool area will let you know if someone’s trying to sneak into that area without permission. There are also underwater alarms that will allow you to know if something above a certain weight hits the water.
Cover your pool
If your pool or hot tub is not in use, it should be covered. Make sure the wooden cover that comes with your hot tub is lowered and latched; these covers are too heavy for most children to lift. Optimally, your pool cover should be a rigid, motorized system that will stand up if a child tries to walk on it.
Empty inflatable pools
Inflatable pools pose as much of a risk to children as permanent swimming pools. Be sure to empty your inflatable pool after every use.
