Who is liable for a swimming pool injury in Colorado?

The property owner, HOA or management company, hotel/gym/water-park operator, a lifeguard or maintenance contractor, a drain or pump manufacturer, and, for a public pool, a government entity, can be liable for failing to keep the pool reasonably safe under the Premises Liability Act.

Can I sue if a child got into an unfenced pool?

Often yes. The attractive-nuisance doctrine can hold an owner responsible when an unsecured pool foreseeably draws a child, even one not invited onto the property.

How long do I have to file a pool accident claim in Colorado?

Generally two years from the incident under C.R.S. § 13-80-102, with wrongful death at two years. A public pool requires a written notice of claim within 182 days under the Colorado Governmental Immunity Act. Deadlines can be paused for minors.

How much does it cost to hire a lawyer?

Nothing up front. Contingency fee, costs advanced, no fee unless we recover. The consultation is free and confidential.

Swimming Pool Accident Lawyer in Denver, CO

Lionheart Injury Law holds pool owners accountable for unsafe gates and absent supervision, maximum compensation for swimming pool accidents in Denver.

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What Can You Recover After a Denver Pool Accident?

Pool accidents at our firm typically settle for $250,000 to $5 million, and the catastrophic ones go seven to eight figures. Drowning and near-drowning injuries are catastrophic by default, and priced accordingly.

We prepare every case for trial from day one, and insurers know it. That is why our settlements come in bigger and faster. And so far, we are undefeated.

With us, you speak directly with your attorney, and our RN Medical Director manages your medical care from day one, insurance or no insurance. There's no fee unless we win. Contact us now for a free consultation.

What Is a Swimming Pool Accident Claim?

Adam Fonta, Denver swimming pool accident lawyer, at Central Park in Denver | Lionheart Injury Law

Most pool claims are premises liability under Colorado's Premises Liability Act (C.R.S. § 13-21-115), with negligent supervision (a pool or camp that failed to watch swimmers), product liability (a defective drain or pump), and, for children drawn to an unsecured pool, the attractive nuisance doctrine. When a pool injury kills, a wrongful death claim runs alongside.

How Pool Accidents Happen

The dangers go beyond drowning. Inadequate or broken fencing and gates and no alarms let children reach the water; no or too few lifeguards and failure to supervise; diving into too-shallow water or unmarked depths, causing catastrophic spinal injuries; drain and suction entrapment (the federal Virginia Graeme Baker Pool and Spa Safety Act requires compliant anti-entrapment drain covers); slip-and-falls on wet decks; chemical injuries from mishandled pool chemistry; and electrical hazards near the water. Each points to a duty the owner ignored, and wet-deck falls follow the same notice rules as any slip and fall claims.

Common Pool Injuries

We build each claim around the specific injury and the specialists who treat it.

Drowning and near-drowning, causing death or permanent anoxic brain injury from oxygen loss.
Spinal cord injuries and paralysis, from shallow-water diving.
Drain-entrapment injuries.
Chemical burns and respiratory injury.
Fractures and head injuries, from deck falls.

Many are catastrophic and lifelong. See our drowning accident overview.

Who Can Be Held Liable for a Pool Accident?

Often more than one party: the property owner, an HOA or apartment-management company, a hotel, gym, or water park operator, a lifeguard service, a pool-maintenance or chemical contractor, a manufacturer of a defective drain or pump, and a government entity for a public pool (subject to the CGIA's 182-day notice).

What Types of Damages Are Available?

Economic damages (medical, lifelong care for a brain or spinal injury, lost earning capacity) are uncapped. Non-economic damages fall under HB24-1472's $1.5 million cap (2025); a fatal pool accident carries the $2,125,000 wrongful death cap. Exemplary damages under C.R.S. § 13-21-102 apply to willful and wanton conduct, an owner who ignored a broken gate or a known entrapment hazard. We negotiate medical liens so more reaches the family.

How Pain and Suffering Is Valued

There is no formula in the statute. Lawyers and adjusters lean on two recognized working methods.

The Multiplier Method

Economic damages times a severity-scaled figure.

The Per Diem Method

A daily value across the days affected, whichever drives the larger fully supported number.

Comparative Negligence, First Offers, and Deadlines

Under C.R.S. § 13-21-111 (the 50% bar), recovery drops by the swimmer's share of fault; defendants blame the victim or the parents, and we answer with the missing safeguards and, for a child, the attractive-nuisance doctrine. Do not take the fast first offer, a near-drowning's lifetime cost is rarely known early. The deadline is generally two years (C.R.S. § 13-80-102), wrongful death two years, and a public pool brings the 182-day CGIA notice. Deadlines can be paused for minors.

When Should I Hire a Lawyer?

As soon as you are able. The gate, fence, drain, depth markings, staffing logs, and surveillance are the evidence, and they are altered or overwritten fast. Early action preserves them.

Will My Case Go to Trial?

Most settle, but the ones built for trial settle best. Venue is Denver District Court or the county where it happened. If trial is what it takes, we are ready.

Talk to a Denver Swimming Pool Accident Lawyer

If a pool accident hurt you or someone you love, you deserve answers and accountability. The consultation is free and confidential, and you pay nothing unless we win.

Request a Confidential Review Call 720-763-5207

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