No Lifeguard on Duty: Who Is Responsible When a Pool Accident Happens in Indiana

Swimming pools are a fixture of Indiana summers. They are also one of the most common
settings for serious injuries and preventable deaths. Drowning is the second leading
cause of unintentional injury and death among children ages 5 to 14, and nonfatal
submersion injuries can cause permanent brain damage and lifelong disability. Every
summer, thousands of families across the country experience what began as an ordinary
afternoon at the pool turn into a medical emergency.

When those accidents happen because someone failed to maintain a safe environment,
Indiana law may provide a path to recovery.

What Pool Owners Are Required to Do

Indiana’s premises liability law requires property owners to keep their property in a
reasonably safe condition for visitors. For pool owners, that obligation is meaningful.
Depending on the circumstances, it may include maintaining secure fencing and barriers
around the pool area, keeping drains and mechanical equipment in safe working order,
posting clear depth markers and warning signs, and providing adequate supervision or
lifeguard coverage at public or commercial facilities.
A pool owner who cuts corners on any of these precautions, and whose negligence results
in an injury, may be held liable for the consequences.

The Attractive Nuisance Doctrine

Indiana law recognizes that young children cannot always appreciate the dangers a
swimming pool presents. Under the attractive nuisance doctrine, a property owner can be
held liable for injuries to a trespassing child if the owner knew or should have known that
children were likely to wander onto the property, and if the pool posed an unreasonable
risk of harm that the owner failed to adequately address.
This matters practically: even if a child entered the property without permission, the pool
owner may still bear legal responsibility if proper fencing or barriers were not in place. The
child’s trespass does not automatically extinguish the owner’s duty of care.

How Comparative Fault Affects Your Claim

Indiana follows a modified comparative fault system, which means that if the injured
person shares some responsibility for the accident, ignoring posted rules, swimming in a
restricted area, or disregarding a warning, their recovery is reduced proportionally.
Someone found to be twenty percent at fault, for example, recovers eighty percent of their
damages.

There is a hard cutoff, however. If the injured person is found to be fifty-one percent or
more at fault, they are barred from recovering anything. This makes it important to have
an attorney who can accurately assess how fault is likely to be allocated before deciding
how to proceed.

How Long Do You Have to File

Indiana gives most personal injury plaintiffs two years from the date of injury to file a claim.
Miss that deadline and the right to pursue compensation is gone entirely, regardless of
how strong the underlying case may be. Evidence also degrades over time — witnesses’
memories fade, surveillance footage gets overwritten, and maintenance records
disappear. Acting quickly protects both your legal rights and your ability to build a strong
case.

If your family has been affected by a swimming pool accident in Indiana, the personal
injury attorneys at McNeelyLaw are here to help. Call us at (317) 825-5110.

This publication is provided for general informational purposes only and does not
constitute legal advice or a legal opinion regarding any specific facts or circumstances.
You are encouraged to consult an attorney about your particular situation.