Modesto Swimming Pool Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents people injured or killed in swimming pool accidents throughout Modesto and Stanislaus County. Pool drownings, near-drownings resulting in brain injury, diving accidents, drain entrapment, and slip-and-fall injuries on pool decks all give rise to potential premises liability claims when a property owner's failure to maintain a safe pool environment contributed to the harm. This page explains the statutory and common law framework that governs swimming pool accident claims in California and the procedural rules that apply in Stanislaus County Superior Court.

The Swimming Pool Safety Act

California's Swimming Pool Safety Act, codified at Health and Safety Code section 115922, requires that whenever a building permit is issued for the construction of a new swimming pool or spa, or for remodeling of an existing pool or spa, at a private single-family home, the pool must be equipped with at least one of seven enumerated drowning prevention safety features. Those features include: an enclosure isolating the pool from access to the home; removable mesh pool fencing with a self-closing, self-latching gate; an approved safety pool cover; exit alarms on doors providing direct access to the pool; self-closing, self-latching devices on doors providing direct access to the pool; pool alarms that detect accidental or unauthorized entry into the water; or another measure providing equivalent protection.

A violation of Health and Safety Code section 115922 — where the statute applies — constitutes negligence per se. The Court of Appeal analyzed this provision directly in the context of child drowning claims, holding that the statute reflects a clear legislative policy of imposing responsibility on homeowners to prevent pool drownings, and that the Rowland factors support imposition of a duty of care on homeowners who rent out properties with maintained swimming pools. Where a new or remodeled pool lacks the required safety features and a child drowns or is seriously injured, the failure to comply with the statute is strong evidence of breach.

The statute applies to new construction and remodeling, not to older pools that have not been altered. However, the absence of statutory coverage for an older pool does not eliminate the homeowner's common law duty of ordinary care under Civil Code section 1714(a). The existence of the Swimming Pool Safety Act informs the analysis of what a reasonably prudent homeowner should do even for pools not covered by the statute's literal requirements.

The Common Law Duty of Care

Civil Code section 1714(a) imposes a general duty of ordinary care on every person in the management of their property. For a pool owner, the relevant question is what a reasonably prudent person would do to protect foreseeable visitors — particularly children — from the risk of drowning or serious injury.

California courts apply the Rowland factors in assessing whether a duty exists and its scope. In pool drowning cases involving young children, courts have found the foreseeability of harm to children to weigh strongly in favor of imposing a duty, given the well-established understanding that children are drawn to pools regardless of their ability to swim and regardless of adult supervision. The burden on a homeowner to install a fence, self-latching gate, or door alarm is modest compared to the risk of a child's death or permanent brain injury from drowning.

Pool operators — hotels, apartment complexes, public facilities, and private clubs — owe an enhanced duty as business invitors. A commercial pool operator who fails to provide adequate supervision, fails to maintain functioning safety equipment, permits overcrowding, or fails to enforce safety rules in the face of known risks may be liable for injuries that result.

Drain Entrapment and Equipment Defects

Pool drains that lack compliant anti-entrapment covers can create powerful suction that traps swimmers, particularly children, underwater. The federal Virginia Graeme Baker Pool and Spa Safety Act, codified at 15 U.S.C. section 8003, requires all public pools and spas to be equipped with anti-entrapment drain covers meeting federal safety standards. A pool owner's failure to install compliant drain covers in a public or semi-public pool is both a federal statutory violation and evidence of negligence under California's general duty of care. Where a defective or non-compliant drain cover was manufactured and sold without adequate warning or design safeguards, the manufacturer may be liable under the strict products liability doctrine established in Greenman v. Yuba Power Products (1963) 59 Cal.2d 57.

Government Entity Pool Claims

Claims arising from accidents at public pools — municipal pools operated by the City of Modesto, school district pools, or pools at parks maintained by Stanislaus County — involve special procedural requirements. A dangerous condition of public property claim under Government Code section 835 requires that a government tort claim be filed under Government Code section 911.2 within six months of the incident. Government Code section 945.6 then requires a lawsuit to be filed within six months after the claim is rejected. Missing the government claims deadline can potentially bar the claim entirely.

Damages

Civil Code section 3333 provides that the measure of damages for a tort is the amount that will compensate for all detriment proximately caused by the negligent conduct. Civil Code section 3281 confirms that every person who suffers detriment from an unlawful act is entitled to compensation. Civil Code section 3283 extends that entitlement to future damages that are certain to result.

Near-drowning injuries involving anoxic brain damage are among the most catastrophic injuries in personal injury practice. A child who survives a near-drowning with permanent brain injury may require lifelong care, supported living, and lost earning capacity extending over a full working lifetime. These future damages are fully compensable. In fatal drowning cases, surviving family members pursue a wrongful death claim under Code of Civil Procedure section 377.60 and the estate may pursue a survival action under Code of Civil Procedure section 377.30.

Filing Deadlines

California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for personal injury claims. For injured minors, the two-year period is tolled until the minor turns 18. Missing this deadline can potentially bar a lawsuit. Contact Attorney Michael Rehm promptly to assess the specific timeline in your case.

Stanislaus County Superior Court

Swimming pool accident lawsuits filed on behalf of Modesto and Stanislaus County residents are filed in the Stanislaus County Superior Court, City Towers Building, 801 10th Street, Modesto, CA 95354. The court has 21 judges and three commissioners. Civil cases are directly assigned to a single judicial officer for all purposes, including trial. Represented parties are subject to mandatory electronic filing. All general civil cases are required to participate in a mandatory settlement conference approximately 15 days before trial. Stanislaus County Superior Court judicial statistics are available through the California Judicial Council court statistics portal.

Representation on a Contingency Fee Basis

Attorney Michael Rehm handles swimming pool accident cases throughout Modesto and Stanislaus County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.