Drowning and Swimming Pool Injuries

Drowning and near-drowning incidents are devastating, and children are especially vulnerable. Serious injuries also occur from diving into shallow water, drain entrapment, slippery pool decks, and waterpark rides. Muggeo & Associates represents families and injured swimmers in Massachusetts, New Hampshire, and Florida with compassion and care.

Where These Incidents Happen

Hotel and resort pools (see Hotel and Resort Injuries)
Condominium and HOA pools (see Florida Condo and HOA Injuries)
Apartment complex and private residential pools
Public pools, swim clubs, schools, and summer camps
Beaches, ponds, and lakes, with and without lifeguards
Waterparks and splash pads
Short-term vacation rentals

Common Causes

No lifeguard, or inattentive or inadequately trained lifeguards
Missing or broken fencing, gates, latches, and pool alarms
Cloudy water that hides a swimmer in distress
Missing depth markings and no-diving warnings
Unsafe drains and missing anti-entrapment covers
Slippery decks, broken ladders, and poor lighting
Missing rescue equipment and emergency plans
Rip currents and hazards at beaches without warnings

Laws That Can Apply

Premises liability law requiring reasonable care for lawful visitors (see Premises Liability)
Massachusetts State Sanitary Code requirements for public and semi-public swimming pools, enforced by local boards of health
The federal Virginia Graeme Baker Pool and Spa Safety Act for drain covers at public pools and spas
Florida residential pool safety requirements for barriers and alarms in newer residential pools
Wrongful death statutes when a drowning is fatal

Near-Drowning and Brain Injuries

Survivors of near-drowning may suffer hypoxic brain injuries with lifelong effects. Damages can include future medical care, therapy, lost earning capacity, and life care planning. See Catastrophic and Brain Injuries.

We represent injured people and families along the North Shore and across Massachusetts, including Salem, Marblehead, Swampscott, Beverly, Gloucester, Newburyport, Lynn, and Cape Cod and the Islands, as well as clients in New Hampshire and Florida.

Frequently Asked Questions

Who is responsible when someone drowns or is injured at a pool?

Depending on the location, a hotel, condominium association, apartment owner, homeowner, swim club, camp, school, or municipality may be responsible for unsafe conditions, inadequate fencing or gates, missing safety equipment, or inadequate lifeguarding or supervision.

Do pools have to have lifeguards?

It depends on the type of pool and state and local rules. Public and semi-public pools in Massachusetts are regulated by the State Sanitary Code and local boards of health, and some must have lifeguards or post warnings when none are on duty.

What are drain entrapment injuries?

Powerful pool and spa drains can trap hair, limbs, or bodies underwater. Federal law, the Virginia Graeme Baker Pool and Spa Safety Act, requires anti-entrapment drain covers and other protections for public pools and spas.

Can I bring a claim for a diving injury?

Possibly, when the pool, dock, or water was too shallow without adequate depth markings and warnings, or the diving board or platform was unsafe. Diving injuries often cause spinal cord damage and require prompt investigation.

Talk With a Boating and Water Injury Attorney

If you or a family member was hurt in a drowning, near-drowning, or swimming pool incident, call Muggeo & Associates at (978) 741-1177, text the same number, or request a consultation online. We answer calls 24/7. Offices in Salem, Massachusetts and Fort Lauderdale, Florida. Maritime deadlines and notice rules can be short, so contact us promptly.

This page provides general information, not legal advice. Laws change and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation