Swimming pool injuries and drownings in Riverside County

Who can be responsible for a pool injury

Whoever owns, leases, occupies or controls the property where the pool is located owes a duty of ordinary care (Civil Code § 1714). Depending on the setting, that can be a homeowner, a homeowners association (HOA) that controls a community pool, a hotel or motel, an apartment owner or property manager, or a club. California's jury instructions say that person must use reasonable care to discover unsafe conditions and to repair, replace or give adequate warning of them (CACI No. 1001). A broken gate latch, a missing drain cover, cloudy water or a pool left open without supervision can all raise that question.

Home pools: the Swimming Pool Safety Act

The Swimming Pool Safety Act (Health & Safety Code § 115920 and following) covers any structure for swimming or recreational bathing with water over 18 inches deep, including hot tubs and spas (§ 115921). When a building permit is issued for a new pool or spa, or to remodel one, at a private single-family home, it must have at least two of these seven features (§ 115922):

1. An enclosure that isolates the pool or spa from the house and meets § 115923
2. Removable mesh fencing meeting ASTM F2286, with a self-closing, self-latching gate that can take a key lockable device
3. A manual or power safety pool cover labeled as meeting ASTM F1346-23
4. Exit alarms on the home's doors and windows that open directly to the pool
5. A self-closing, self-latching device on those doors, with the release mechanism no lower than 54 inches above the floor
6. A pool alarm certified to ASTM F2208 that sounds when someone enters the water (a wearable child alarm does not count)
7. Other means of protection that are at least as protective and independently verified and labeled

Some combinations do not count, such as an exit alarm and a self-closing device on the same door. A qualifying enclosure must be at least 60 inches high, have gates that open away from the pool and self-close and self-latch with the latch no lower than 60 inches, leave no more than two inches between the ground and the bottom, and have no gap a 4-inch sphere can pass through (§ 115923). New pools and spas must also have anti-entrapment grates on their suction outlets (§ 115928).

These home rules do not apply to public pools or to apartment complexes and other residential settings that are not single-family homes (§ 115925). The general duty of care still applies everywhere.

Public pools in Riverside County

A "public swimming pool" includes a pool operated for the general public, with or without charge, or for the members and guests of a private club (§ 115921). The state health department supervises the safety of public pools (§ 116035), and the Riverside County Department of Environmental Health inspects them locally. Its published self-inspection checklist lists what inspectors look for and the conditions that force a pool or spa to close:

We could not verify from an official page which apartment and HOA pools are treated as public pools in Riverside County, so we don't state a rule on that here.

Child drownings

When a child dies, the family may have a wrongful death claim (CCP § 377.60); see our wrongful death page. Most injury and death lawsuits must be filed within two years (CCP § 335.1). If the pool belonged to a city, the County or another public entity, a written claim is usually due within six months (Gov. Code § 911.2).

Evidence to preserve

• Photos and video of the gate, latch, fence height, gaps, drain covers, signs and rescue equipment, before anything is repaired
• Names of anyone who was supposed to be supervising, and of witnesses and first responders
• For public pools: the operator's maintenance records (the County checklist calls for daily records) and any County inspection history
• Medical records from the emergency room onward

Every fact on this page links to the official source it came from. We checked each one in September 2026. Agencies change fees and procedures, so confirm with the agency before you go. How we research.

Common questions

Does the Swimming Pool Safety Act apply to apartment or HOA pools?

Its home drowning-prevention requirements do not apply to public pools or to apartment complexes and other residential settings that are not single-family homes (§ 115925). The owner's general duty of ordinary care still applies (Civil Code § 1714).

What if there was no lifeguard at a hotel or community pool?

The County checklist lists a "NO LIFEGUARD ON DUTY" sign stating that children should not use the pool without adult supervision. A sign alone does not settle whether the operator used reasonable care; the condition of the gate, water, drains and rescue equipment also matters.

What if a drain cover was loose or missing?

The County lists damaged, missing or loose main drain covers as a condition that closes a public pool, and new pools must have anti-entrapment grates on suction outlets (§ 115928). Photograph the drain before it is repaired.

How long does a family have to act after a drowning?

Most wrongful death lawsuits must be filed within two years (CCP § 335.1). If a public entity owned the pool, a claim is usually due within six months (Gov. Code § 911.2).

Related pages

• Premises liabilityFalls and injuries on unsafe stores, apartments and public property.
• Wrongful deathClaims by families after a fatal crash or unsafe property.
• Apartment and rental property injuriesLandlord duties to tenants and guests: repairs, inspections, security and dogs.
• Claims against governmentThe six-month rule and where to file for each city.
• Civil Code § 1714The general duty of care
• CCP § 377.60Who may bring a wrongful death claim

Sources

1. Cal. Health & Safety Code § 115920: Swimming Pool Safety Act: title
2. Cal. Health & Safety Code § 115921: Swimming Pool Safety Act: definitions
3. Cal. Health & Safety Code § 115922: Drowning prevention safety features at private single-family homes
4. Cal. Health & Safety Code § 115923: Pool enclosure requirements
5. Cal. Health & Safety Code § 115925: Swimming Pool Safety Act: exclusions
6. Cal. Health & Safety Code § 115928: Anti-entrapment requirements for new pools and spas
7. Cal. Health & Safety Code § 116035: State supervision of public swimming pools
8. Cal. Civ. Code § 1714: General duty of ordinary care
9. Judicial Council of California Civil Jury Instructions (CACI), 2026 edition
10. Cal. Code Civ. Proc. § 377.60: Persons who may bring a wrongful death action
11. Cal. Code Civ. Proc. § 335.1: Two-year limitations period for assault, battery, personal injury, or wrongful death
12. Cal. Gov. Code § 911.2: Time for presentation of claims against public entities
13. Riverside County Department of Environmental Health: Swimming Pool and Spa Self-Inspection Checklist (Bulletin 7-93-DES)