Pool News
Are You Liable If Someone Drowns In Your Pool?
While never a pleasant scenario to imagine, if you own a swimming pool the question inevitably will come up at some point; what happens if someone drowns in the pool? Knowing what your liability is as a homeowner and the facts regarding this issue may answer several important questions. Namely, are you financially covered in the event of an accidental death?
Public & Private Pool Liability
In public pools and privately run pools, the pool owner or operator is liable for the safety of swimmers. Examples of negligent behavior can include failing to ensure proper operation of equipment and following basic safety guidelines. Owners and operators may also be liable for failing to properly staff and train lifeguards.
Slip & Fall Injuries
Injuries such as slip and falls that occur on premises may also constitute negligence on the part of the pool owner if a court determines they were at fault and failed to maintain the facilities. Even to the extent of providing adequate signage that directs people not to run or engage in horseplay around the pool area.
Homeowner Liability
Residential pool owners may also be liable in the event of an injury or unforeseen tragedy such as an accidental drowning. A lawyer would argue that the responsibility to address any potential safety hazards in and around the pool lies with the homeowner.
Recommended Guidelines
The National Safety Council (NSC) has set guidelines for mitigating the risk of drowning. Some of those recommended safety measures include:
- Having an adult supervising the pool area at all times when young children or inexperienced swimmers are present.
- Keeping children and other vulnerable people out of areas of the pool where suction devices are present.
- Keeping emergency supplies such as a first-aid kits on hand and easily accessible.
- Hiring a designated lifeguard for any event hosting a large number of people in the pool.
- Assuring that at least one CPR-trained person is present when necessary.
- Preventing persons who have consumed alcohol from swimming.
- Preventing swimmers from diving and dangerously engaging in horseplay with one another.
Many states also have laws regarding fences, gates, and barriers that must be in place around the pool area. Failure to install this required equipment in accordance with the state mandate could constitute negligence on the part of the homeowner and leave them liable for damages.
Who Else May Be Liable For Damages?
While the laws of each state differ, trade professionals such as pool service technicians and even pool builders may be liable in the event of an injury or accidental death. In some instances, pool equipment suppliers and manufacturers may even be held liable for damages.
Examples of Potential Liability
One scenario would be if there was a recall on an installed piece of equipment sold after the recall date, or if electrical was improperly bonded in the swimming pool by the contractor. The potential for liability increases for those responsible for maintaining and sanitizing the swimming pools under their management.
What Pool Owners Need To Do To Protect Themselves
If you’re building a swimming pool, liability insurance is a must, according to insurance experts. While most homeowners carry a minimum of $100,000 in liability coverage, some policies don’t cover swimming pools. An accident could potentially leave you with liability for damages that exceed your minimum coverage.

Additional Liability Coverage
Many homeowners opt to purchase additional liability coverage to protect themselves in the unlikely event a lawsuit arises. While some umbrella liability coverage plans extend to the pool, some don’t. In certain cases homeowners may opt to purchase an additional $1 million in coverage which may cover slip & falls, injuries, and even drowning.
This type of safety net provides the peace of mind that in the event of an accident there is adequate insurance coverage for any potential lawsuits which may arise.
Do Homeowners Need To Inform Their Insurance Company They’re Building a Pool?
The short answer is “yes”. Many homeowners may find that it’s advisable to give their insurance agent a call before building a pool. Finding out how much coverage you have, what your homeowners policy covers, and where any potential gaps may be is always a smart idea before you embark upon a pool construction project.
Swimming pools in general are considered detached structures much like a shed. As such, typically they are not covered under a general homeowners policy unless it’s been specifically added.
Building a Swimming Pool Could Raise Your Insurance
One unforeseen cost of building a pool regards insurance. Some consumers may find that their current homeowners policy does not cover a swimming pool. Experts would say that it’s prudent to ask whether building a pool will raise the monthly premium price.
Be Prepared To Pay More For a Diving Board
Insurance professionals advise that building a swimming pool which incorporates a feature such as a jump rock or diving board can also raise rates or potentially prohibit your insurer from extending liability coverage on the pool entirely.
Rental Property Owners
It’s advised that homeowners who rent out their property or swimming pool get additional liability coverage. In most instances, a standard homeowners policy does not cover rental situations. Popular rental platforms like VRBO, Airbnb and Swimply offer up to an additional $1 million in coverage, but purchasing your own independent additional coverage may ultimately be the best protection for those who are renting out their backyard.
What Happens If Someone Drowns And You Get Sued?
All new pools in California must meet the requirements of the Swimming Pool Safety Act, which are outlined in sections 115920-115929 of the California Health and Safety Code. Among other things, the Act requires access gates in residential swimming pool enclosures to be at least 60 inches long, self-closing, and have a self-latching device no lower than 60 inches above the ground.
One Famous Pool Liability Case
Former Mötley Crüe drummer Tommy Lee and his wife, actress Pamela Anderson, were sued for $10 million in 2001 after a four-year-old child drowned in their swimming pool during a birthday party. The toddler had been left unaccompanied “for a minute,” according to Lee. Although a jury finally found that Lee and Anderson were not negligent, the couple was still subjected to much agony as well as significant legal expenditures.

Best Advice To Prevent Liability:
- Allow guests to enter the pool only if they are supervised by a responsible adult.
- Do not leave floats and toys in the pool that may attract small children.
- When adult guests come to visit, make sure they’re responsible for supervising their children.
- Do not let intoxicated adult guests or their children swim in the pool.
- Consider leaving a diving board out of your pool plan.
- Maintain a homeowner’s insurance policy with at least $1,000,000 in liability coverage for swimming pool injuries.
- Surround the pool with the appropriate size pool fence.
- Install gates that are self-latching and are at least 60 inches high.
- When not in use, the pool should ideally be securely covered.
- Make certain that everyone in the house knows how to swim.
- Pool owners should be familiar with basic first aid and life-saving skills.
- Keep enough pool safety equipment (not only flotation devices) around the pool.
- Consider adding a pool alarm to notify you when the water’s surface is interrupted.
Pool News
Blue Wave Recall on Over 13,000 Above Ground Pools
Blue Wave has issued a recall affecting multiple above-ground swimming pool models after federal safety officials identified a potential drowning hazard involving children.
The recall, announced by the U.S. Consumer Product Safety Commission (CPSC) on December 18, covers approximately 13,400 Blue Wave brand above-ground pools that are 48 inches deep or taller and utilize an exterior compression strap as part of the pool’s frame system.
Reason for the Recall
The affected pools feature a compression strap positioned around the outside of the vertical support poles. While the strap is designed to provide structural stability, the CPSC determined that its placement may unintentionally create a foothold.
According to the agency, this foothold could allow children to climb into the pool, even when the ladder has been removed, creating a risk of unsupervised access and potential drowning.
No injuries or fatalities have been reported in connection with the recalled products at the time of the announcement.
Affected Models
The recall applies to the following Blue Wave above-ground pool models:
• Blue Wave 15-Ft Rd 48-In Active Frame Pool
• Blue Wave 18-Ft Rd 52-In Active Frame Pool
• Blue Wave 18-Ft Rd 52-In Dark Cocoa Wicker Frame Pool
• Blue Wave 24-Ft Rd 52-In Dark Cocoa Wicker Frame Pool
• Blue Wave Rustic Cedar 15-Ft Round 48-In Deep Frame Swimming Pool Package W/Cover
• Blue Wave Rustic Cedar 18-Ft Round 52-In Deep Frame Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Gray Rattan Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Espresso Wicker Swimming Pool Package W/Cover
• Blue Wave 15-Ft Round 48-In Navy Blue Frame Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Navy Blue Frame Swimming Pool Package W/Cover
• Blue Wave 15-Ft Round 48-In Aspen Swimming Pool Package W/Cover
• Blue Wave Mocha Wicker 18-Ft Round 52-In Deep Swimming Pool Package With Cover
• Blue Wave Mocha Wicker 24-Ft Round 52-In Deep Swimming Pool Package With Cover
• Blue Wave Laguna 15-Ft Round 48-In Deep Swimming Pool Package With Cover
• Blue Wave Laguna 18-Ft Round 52-In Deep Swimming Pool Package With Cover
All affected models share a common design feature: an exterior compression strap that encircles the pool’s vertical supports.
Sales Channels and Distribution
The recalled pools were sold nationwide from January 2021 through July 2025 through a mix of big-box retailers, sporting goods stores, and online marketplaces, including:
• The Home Depot
• Lowe’s
• Dunham’s Sports
• Amazon
• Walmart
• Wayfair
Retailers have been notified to halt sales of affected models and to direct customers to the manufacturer’s recall remedy.
What Dealers and Retailers Should Know
For dealers and retail partners, the recall highlights the importance of prompt inventory review and customer outreach. Any remaining unsold stock matching the recalled models should be removed from the sales floor and distribution channels immediately.
Retailers that sold affected units during the recall period may see an increase in customer inquiries regarding eligibility, repair kits, and interim safety measures. Clear communication at the point of contact will be critical, particularly around the distinction between structural components and ladders, which many consumers assume are the primary access risk.
Service professionals and retail staff should also be prepared to explain that the recall does not involve a full product replacement, but rather a manufacturer-provided modification designed to eliminate the foothold while maintaining frame integrity.
Manufacturer Remedy
Blue Wave is offering a free repair kit to affected pool owners. The kit replaces the exterior compression strap with a lower-profile system installed closer to ground level. Once the repair is completed, the original strap can be removed.
Until the repair is installed, the manufacturer and CPSC recommend that pool owners prevent unsupervised access to the pool area or drain the pool temporarily.
Dealers and service professionals should advise customers not to remove or cut the compression strap prior to installing the repair kit, as doing so could compromise the pool’s structural stability.
Manufacturer
New Poolsafe Removable Mesh Safety Fences
Poolsafe LLC, offers new mesh, removable safety fencing designed to be installed around any pool shape or size. Uses patented, transparent, large-hole ClearGuard™ Mesh for better visibility into the pool area, while also blending the fence into backyard. Lockable, self-closing Triton™ gate features a curved top bar to help prevent climbing. Unique Tri-Pod Truss system keeps gate aligned with daily usage. Available in 4ft and 5ft heights, in black, brown, beige, or gray colors.
https://poolsafe.com/
(888) 489-2282
Industry News
Latham Group Appoints Sean Gadd as Chief Executive Officer
Latham Group, Inc. (Nasdaq: SWIM), the largest designer, manufacturer, and marketer of in-ground residential swimming pools in North America, Australia, and New Zealand, appoints Sean Gadd as the company’s new President and Chief Executive Officer as part of a CEO transition that will take effect on January 5, 2026. The appointment follows a comprehensive search as part of a succession planning process led by the Board and current CEO Scott Rajeski, who will be retiring from Latham and will serve as a special advisor to the company.
Sean Gadd comes to Latham following a 21-year career at James Hardie. He most recently served as President of North America since 2022, where he has had full P&L responsibility for James Hardie’s largest regional business. Prior to his role as President of North America, Sean served as Executive Vice President, North America, Commercial (2018-2022) and Executive Vice President, Markets and Segments, North America (2015-2018) at James Hardie, leading the front end of the business across product, marketing, and sales. Sean has been instrumental in spearheading James Hardie’s substantial organic net sales growth since 2022, driving material conversion and deeper market penetration through a refined go-to-market strategy targeting end-users via channel partners. Sean brings experience that is directly comparable to Latham’s material conversion and Sand State initiatives, and his demonstrated success in driving strategic growth will be invaluable for Latham and its shareholders.
James E. Cline, Chairman, commented, “Sean is known as a strong leader and brand-builder and has an impressive track record of driving growth at James Hardie. We are thrilled that he has accepted the CEO role at Latham, and the Board believes Sean will be able to leverage his robust commercial experience, sector knowledge, and branding expertise to accelerate our ability to continue to gain share and further the conversion to fiberglass from concrete pools.”
“I am pleased to be joining Latham and am looking forward to building on its achievements to date. This is an excellent opportunity for me to utilize my experience in the building products category to drive further market penetration and adoption of Latham’s top-quality products and greater recognition for its superior service standards,” Mr. Gadd commented.
Mr. Gadd will also become a member of Latham’s Board of Directors, replacing Mr. Rajeski, who is resigning from the Board concurrently with his retirement.
Mr. Cline commented, “On behalf of the Board of Directors, I want to express our deep appreciation for the contributions that Scott Rajeski has made to Latham during his long tenure at the company, first as Chief Financial Officer and, since 2017, as President and Chief Executive Officer. Under his leadership and that of his executive and operating teams, the company went public in April of 2021 and has experienced substantial growth, demonstrated resilience within a difficult industry environment, and built a strong financial position.”
Mr. Rajeski noted, “It has been a privilege to serve as the President & CEO of Latham alongside the talented executive and operating teams that we have at the company. Together, we have advanced the awareness and adoption of fiberglass pools and autocovers, while implementing production and related efficiencies that have streamlined our operations. I am proud to be retiring as CEO of Latham with the company in a strong financial position and in very capable hands. Throughout my conversations with Sean, I have been very impressed with his leadership capabilities and background, and I am confident that he will bring a unique skillset that will allow Latham to continue to outperform the industry, gain further traction in the important Sand States, and remain an acquirer of choice.”
About Latham Group, Inc.
Latham Group, Inc., headquartered in Latham, NY, is the largest designer, manufacturer, and marketer of in-ground residential swimming pools in North America, Australia, and New Zealand. Latham has a coast-to-coast operations platform consisting of approximately 1,850 employees across around 30 locations.
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