A backyard pool is a homeowner’s dream — great for poolside entertaining, kids’ parties, and cooling off during summer’s peak. But pools are also a major responsibility, one that goes beyond raking out leaves and chlorinating the water. In the United States, about 4,500 people died from unintentional drowning each year during 2020–2022 — roughly 500 more per year than in 2019 — and drowning is the leading cause of death for children ages 1–4.
Like trampolines, pools are considered an “attractive nuisance” in some jurisdictions. Under the attractive nuisance doctrine, a limited exception to the no‑duty rule for trespassers, landowners may be liable for harm to trespassing children caused by artificial conditions when core elements derived from Restatement §339 are met (foreseeable child trespass, unreasonable risk of death or serious harm, youth‑related inability to appreciate the danger, a relatively slight burden to mitigate compared with the risk, and failure to use reasonable care). Courts typically apply the doctrine to artificial conditions (e.g., unsecured pools, trampolines, construction hazards) and generally not to natural bodies of water; several states frame duties using Restatement (Third)–style statutes while preserving special protection for child trespassers (Restatement (Third)).
The theory: A child may not understand the risk associated with an “attractive nuisance,” but you, the adult and landowner, should. While many hazards to children are unpredictable and uncontrollable, a swimming pool isn’t one of them. Drowning is a leading cause of death for children ages 1–4 (see CDC), and most drownings in this age group occur in swimming pools. Unsurprisingly, deaths by drowning occur most frequently in summer: June, July, and August; this mirrors federal findings that summer months carry the largest share of U.S. drownings (CDC Vital Signs). Hot weather should make you especially vigilant, but pool safety is a year-round priority.
If you have a pool or hot tub on your property, whether in-ground or above-ground, implement a safety plan before tragedy strikes. Use layered protection recommended by safety agencies—four-sided isolation fencing with self-closing, self-latching gates; door/window and pool alarms; compliant safety covers; removal of climbable objects; and constant, sober supervision (CPSC Pool Safely, AAP). Then make sure you’re holding the right insurance. Standard homeowners personal liability limits often start around $100,000, but many experts recommend increasing to $300,000–$500,000 and adding a $1M+ personal umbrella; insurers may also require specific safety features and can restrict slides or diving boards (Insurance Information Institute, umbrella policies, Nationwide, Allstate). If you rent out your pool, standard homeowners coverage may exclude that business use without an endorsement—coordinate with your carrier and any platform protections (Swimply). You may need to purchase extra personal liability coverage to cover your pool’s costly risks.
How to prevent pool accidents
There are two consistently high-risk groups for drowning: children ages 1–4 and males (including teen boys). To keep pool-users safe — and make your pool less inviting to youths when adults aren’t around to supervise — use layers of protection: four-sided isolation fencing with self-closing, self-latching gates; door/window and pool alarms; safety-rated covers; remove climbable objects; designate a sober Water Watcher; teach children to swim and use U.S. Coast Guard–approved life jackets for weak/non-swimmers; keep water clear; verify compliant drain covers and modern electrical protections; and ensure quick access to rescue gear and a phone. Train caregivers in CPR with rescue breaths for drowning and place an AED within quick reach (CPSC Pool Safely, AAP, ISPSC 2024, ESFI, AHA CPR).
