Public Pool Injury Lawyer Detroit: Drowning, Slips & Safety Failures

On a sweltering Detroit summer day, a public pool should be a place of joy, laughter, and cool relief. It’s where families gather, kids play, and neighbors come together to beat the heat. But when those waters are poorly managed, what begins as a carefree afternoon can end in tragedy.

Drowning, slips on wet decks, suction entrapments, or chemical burns—these are not rare freak accidents. They’re often the result of negligence. When lifeguards are absent, equipment is faulty, or safety protocols are ignored, it’s not just careless—it’s dangerous.

At Marko Law, we stand with Detroit families who’ve been hurt because someone failed to keep the pool safe. Whether it’s a child injured due to broken fencing or a swimmer who slipped on a slick, unmarked surface, we dig deep, fight hard, and pursue justice with everything we’ve got.

Public pools have rules for a reason. When those rules are broken, someone must answer for the consequences. And that’s where we come in.

Who’s Liable in a Public Pool Injury Case?

City of Detroit or Government Entities

If the pool is owned by the City of Detroit or another municipal body, they can be held liable under specific exceptions to governmental immunity laws. However, these cases come with strict timelines and unique legal hurdles. The city may be responsible for:

• Failing to properly maintain pool infrastructure
• Inadequate fencing or broken gates
• Hiring untrained or unqualified lifeguards

Private Companies That Manage Public Pools

Many public pools are operated by private vendors hired by the city. These companies may handle staffing, maintenance, or daily operations—and if their negligence causes an injury, they can be sued directly.

For example, if a management company failed to post safety signs, inspect drain systems, or provide enough lifeguards, they can be held fully accountable.

Lifeguard Employers or Staffing Agencies

Lifeguards aren’t always hired directly by the city—they’re often placed by third-party staffing firms. If a lifeguard failed to act, wasn’t properly trained, or was absent altogether, their employer may share liability.

Equipment Manufacturers

When a defective part causes the injury—such as a faulty drain cover, broken ladder, or malfunctioning suction system—the manufacturer or supplier may be held liable under product liability law.

Third-Party Vendors

Sometimes the pool contracts with outside companies for chemical maintenance, cleaning, or repairs. If unsafe chlorine levels caused a burn or illness, or a contractor’s negligence created a trip hazard, those vendors may be pulled into the case as well.

Premises Liability and Michigan Law

The Duty to Keep Pool Areas Safe

Whether it’s the City of Detroit, a private company, or a third-party vendor, anyone in control of a pool must:

• Inspect the premises regularly
• Maintain equipment and surfaces
• Keep chemical levels safe
• Warn the public about known dangers

Public vs. Private Pools: Who’s Held to What Standard?

• Government-owned pools are protected by governmental immunity—but not completely. If you can prove a known, unreasonably dangerous condition that wasn’t fixed in a reasonable time, you can break through that shield and sue.
• Privately operated pools (even those managing public facilities under contract) must meet the same general safety standards as any business open to the public. They have less immunity and more liability exposure.

Proving Negligence: It’s About What They Failed to Do

To hold someone liable, we must show:

• There was a hazard (slippery tiles, faulty ladder, unguarded pool)
• The responsible party knew or should have known about it
• They failed to fix or warn about the danger
• That failure directly caused your injury

The “Open and Obvious” Defense—and Why It’s Not Always a Shield

Under Michigan law, property owners sometimes escape liability by arguing the hazard was “open and obvious”—meaning a reasonable person should’ve seen and avoided it.

But here’s the truth:

• Wet, slippery surfaces around pools are expected—but not when no-slip coatings are missing or tiles are broken.
• A deep-end drop-off might be visible—but not if the depth markers are worn off.
• A missing lifeguard is obvious—but not a defense when a child drowns without supervision.

Governmental Immunity in Public Pool Claims

What Is Governmental Immunity?

Governmental immunity is a legal doctrine that shields cities, counties, and other public bodies from being sued for ordinary negligence. It’s a defense they’ll use quickly and aggressively in pool injury cases.

However, Michigan law carves out specific exceptions. When it comes to injuries on public property—like a city pool—you may still have a case if you can prove:

A Known, Unreasonably Dangerous Defect

To overcome governmental immunity, we must show:

• There was a physical defect (like a broken drain, slippery deck, or defective gate)
• The defect was unreasonably dangerous
• The city knew about it or should have known
• They failed to repair it within a reasonable time

This is called the “public building exception,” and it’s how we hold cities accountable when their negligence leads to drowning, brain injury, or catastrophic slip and fall.

You May Have as Little as 120 Days to Act

Another hidden trap in public pool injury cases: short notice deadlines.

Under Michigan law, injury victims may be required to file written notice with the city within 120 days of the incident—sometimes even less for children or wrongful death claims.

If you miss that deadline, your right to sue may be gone forever.

Why You Need a Lawyer Immediately

Because of these strict rules and legal hurdles, time is not on your side. You need an experienced attorney who can:

• File the required notices on time
• Investigate whether immunity applies
• Gather proof of the city’s knowledge of the defect
• Challenge their defenses head-on

At Marko Law, we’ve taken on city governments—and we know how to break through the walls they hide behind.

What to Do After a Public Pool Accident

Report the Incident Immediately

Notify the nearest:

• Lifeguard
• Pool staff or manager
• City worker or authority (if it’s a municipal pool)

Ask that the incident be documented in writing. Get the name of the person you reported it to and request a copy of the report if possible. This creates an official record that can’t be ignored or denied later.

Seek Medical Care—Even If You Feel “Okay”

Some injuries, especially:

• Head trauma
• Internal bleeding
• Chemical burns
• Aspiration (from near-drowning)

...may not show symptoms right away. Don’t wait. Get evaluated by a medical professional immediately—and follow up with any recommended care. These medical records become crucial evidence.

Document the Scene

If you’re physically able (or can have someone else help), take clear photos of:

• The area where the injury occurred
• Broken or missing safety equipment (gates, ladders, tiles)
• Any posted warning signs—or lack thereof
• Lighting conditions, weather, water clarity

Gather Witness Information and Save All Records

Get names and contact information for:

• Any bystanders who saw the incident
• On-duty lifeguards or staff members
• Other pool users who noticed the hazard before or after

Also save:

• Pool receipts or facility passes
• Lifeguard schedules
• Any emails, texts, or voicemails related to the incident

Contact a Pool Injury Lawyer BEFORE Talking to the City or Insurer

Cities and insurance companies are quick to deflect blame—and often push victims into early settlements or statements that can hurt their case.

Before you sign anything or go on record, call Marko Law. We’ll:

• Launch an immediate investigation
• Preserve crucial evidence before it disappears
• Handle communication with government agencies and insurers
• Protect your rights from day one

Pools Should Be Safe. When They’re Not—We Step In.

Public pools exist for one reason: to provide a safe, enjoyable space for families and communities. But when those responsible for maintaining that space fail to do their jobs, people get hurt—and sometimes, they never recover.

Maybe it was a slippery pool deck left unmarked. A missing lifeguard when seconds mattered most. A broken gate that let a child wander into danger. These aren’t harmless oversights—they’re acts of negligence with devastating consequences.

At Marko Law, we’ve built our reputation on standing up for the people others overlook. We know how to fight city hall, expose contractor failures, and force insurance companies to pay what’s truly fair. We handle cases involving drownings, catastrophic brain injuries, chemical exposure, spinal trauma, and more—and we do it with compassion, grit, and a relentless drive to win.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com