Are Apartment Complexes Liable for Drowning Victims?

March 28, 2024
Premises Liability

Are apartment complexes liable for drowning victims? Apartment complexes must ensure a safe environment for people on their premises. This includes protection from swimming pool injuries and drowning in the complex pool.

Liability for accidental drownings in an apartment complex depends on various factors. If the complex has a pool or body of water, they may be liable if the drowning resulted from an unsafe feature or condition. Examples include a lack of fencing, inadequate life-saving equipment, or supervision.

Other factors considered by the courts include the complex's duty to warn residents of potential hazards and their supervision responsibilities for minors. Courts also consider negligence and wrongful death in determining the fault party's liability and damages. This can include medical bill expenses and funeral expenses costs.

For further information, please contact Marks Law Group at 678-251-9309 to speak with our experienced Decatur premises liability attorneys today.

What Should Pool Owners Do to Protect Swimmers?

Owners of apartment complexes with swimming pools have a responsibility to ensure the safety of their tenants and visitors. To protect swimmers, pool owners should take a variety of steps, such as:

Maintain Adequate Fencing and Warning Signs

Apartment pool owners have a responsibility to ensure proper fencing and warning signs are in place to prevent drownings. Unfortunately, some tenants or visitors have drowned due to inadequate safety measures.


Fencings made of durable material, like wrought iron or chain link, should be used to deter toddlers from entering the pool area. Warning signs should also be posted in visible locations around the pool.

Establish Pool Rules & Post Them Visibly

Apartment complexes have a responsibility to establish and visibly post pool rules to ensure the safety of their residents. One such rule could be that no person under the age of 14 should be in the pool without adult supervision. Additionally, owners and managers need to communicate that diving is not allowed in the pool.

Regularly Monitor the Swimming Pool Area

Apartment complexes must ensure swimming pools are monitored to prevent drowning accidents. Regular inspections should be conducted to check the safety of pool equipment and address any dangerous conditions.

Lifeguards or trained individuals should patrol the pool area and respond to emergencies. Signage should be posted to remind everyone of safety rules. Apartment complexes must take appropriate measures to prevent drownings and may be held responsible for any injuries or deaths if they fail to do so.

Prohibit the Use of Diving Boards & Unsafe Behavior

Apartment complex swimming pool owners are liable for drowning victims when they fail to take steps to prevent accidents. One way that apartment complexes can protect their residents is to prohibit the use of diving boards and swimming pools in unsafe conditions.


Diving boards, in particular, can be dangerous if not used properly and can lead to serious injury or death. Unsafe behavior in the water should also be strictly prohibited and monitored by lifeguards.

When Can an Apartment Complex Be Held Liable for a Drowning Victim?

When a person drowns in an apartment complex, the complex may be held liable if they fail to maintain a duty of care that could have prevented the drowning. Depending on the specific circumstances, property owners can be held responsible for providing adequate safety measures around their swimming pools and other bodies of water on the premises.

Generally speaking, this involves ensuring that there is appropriate supervision, fencing, signage, pool covers, and other pool safety measures.

Negligence on the Part of the Property Owner/Manager

When it comes to drowning victims, apartment complexes can be held liable for negligence on the part of the property owner or manager. Specifically, if an apartment complex or its staff fails to act reasonably and prudently when it comes to providing adequate safety measures and security protocols for swimmers, then they may be held responsible for injuries and fatalities that result from this lack of preventative care.

Breach of Duty to Provide a Safe Environment for Visitors

The liability of apartment complexes in drowning cases depends on whether they had a duty to ensure a safe environment for visitors. If an apartment complex fails to provide expected safety measures, it may be legally responsible for injuries or deaths resulting from negligence.


Common ways in which an apartment complex can be held liable include lack of supervision, defective pool equipment, lack of maintenance of safety equipment, and insufficient fencing around the pool area. They may also be held liable for not establishing and enforcing safety rules or allowing unsafe behavior in the swimming area.

Statute of Limitations for Personal Injury Claims & Wrongful Death Lawsuits

When someone dies due to the negligence of another person or entity, the surviving family members may have the right to file a wrongful death lawsuit.

However, in some cases, these claims are subject to a statute of limitations. This means that there is a certain period after an injury occurs or after a person dies in which survivors can take legal action. The amount of time varies by state, so it is important to consult with a qualified drowning accident attorney to understand the specific rules and regulations that apply to your case.

Who Is Responsible in Cases Involving Apartment Complexes & Swimming Pools?

When it comes to cases involving apartment complexes and swimming pools, responsibility for any incident resulting in drowning or injury can often be complex. Depending on the circumstances, both the property owners and tenants may be liable.

Property owners are often held responsible for ensuring that a safe environment is maintained at all times. This means that they must take steps to ensure that their swimming pool is secure and free from potential hazards. They must also provide safety equipment, such as pool covers and life preservers, and ensure that there is adequate supervision for swimmers.


Tenants may also be held responsible if they were negligent in their actions that led to an injury or fatality. For instance, if a tenant ignores warning signs and jumps into a pool without proper safety precautions, they can be held liable for any injury or death that occurs.

How an Attorney Can Help After an Apartment Complex Drowning

At Marks Law Group, our law firm understands how difficult it is to cope with the tragedy of a drowning death in a swimming pool accident. When an apartment complex’s negligence may have led to a drowning victim, victims, and their families may be entitled to fair compensation from the liable parties, through a wrongful death claim or lawsuit.

As experienced attorneys in dealing with swimming pool facility drowning lawsuits, our legal team at Marks Law Group can help you seek justice after a drowning incident. Our skilled attorneys can investigate the circumstances surrounding the death, collect evidence, and build a strong case to help you get the maximum compensation you deserve.

Contact our experienced premise liability lawyers today for a free legal advice consultation and get the compensation you deserve.