What starts as a sunny afternoon at the local pool can take a terrifying turn in seconds. One moment you’re enjoying the water with your family. The next—you’re slipping on a slick concrete deck, suffering a chemical burn from poorly mixed chlorine, or pulling a loved one from the water after a near-drowning. The aftermath isn’t just physical—it’s emotional, financial, and life-altering.

These aren’t rare occurrences. Public pool injuries happen more often than you think, and many of them are preventable. From outdated safety equipment to untrained lifeguards and ignored maintenance problems, the negligence behind these injuries is real—and often hidden until someone gets hurt.

If this has happened to you or someone you love, here’s what you need to know: Just because it’s a government-run facility doesn’t mean you’re out of options. Under Michigan law, you may still be entitled to file a claim and seek compensation—even when the injury occurred at a city or county-operated pool.

At Marko Law, we’ve seen firsthand how cities and public institutions try to dodge responsibility by hiding behind legal loopholes. But we don’t let them. We hold them accountable—because when a public facility fails to protect its visitors, that’s not just unfortunate—it’s unacceptable.

Who May Be Liable?

Municipalities or Counties Operating the Pool

If the injury occurred at a pool run by the City of Detroit, Wayne County Parks, or another local government, that entity may be liable for:

• Failing to maintain safe conditions
• Not providing adequate signage or supervision
• Ignoring known safety hazards

While government entities are often protected by governmental immunity, Michigan law includes important exceptions—especially when gross negligence or unsafe public buildings are involved. Don’t assume they’re off the hook.

Public School Districts with On-Site Pools

Many school pools are used for swim lessons, team practices, and community recreation. If your injury happened during school hours or a public event, the school district may be liable, particularly if:

• Supervision was lacking
• Safety protocols weren’t followed
• The facility was in disrepair

Public schools may also try to invoke immunity, but gross negligence or dangerous facility conditions can pierce that defense.

Private Contractors Hired for Lifeguard or Maintenance Services

Cities and school districts often outsource services like lifeguarding or pool upkeep to private companies. If those contractors failed to:

• Properly train lifeguards
• Inspect equipment regularly
• Respond to safety hazards

—they can be sued for professional negligence or breach of contract.

Product Manufacturers

Some pool injuries are caused by defective products, not just poor management. Common culprits include:

• Malfunctioning pool drains (leading to suction injuries)
• Faulty diving boards or ladders
• Chemical automation systems that dispense incorrect chlorine levels

If your injury was linked to a design flaw, manufacturing error, or lack of warning, you may have a product liability case against the manufacturer or distributor.

Michigan Premises Liability and Public Pool Injuries

The Standard of Care for Swimmers

Under Michigan premises liability standards, pool operators have a heightened responsibility to protect visitors—especially in areas where drowning, head injuries, or chemical exposure are real risks. This duty includes:

• Ensuring walkways are not slick or unmarked
• Making sure ladders, drains, and diving boards are secure
• Monitoring water quality to avoid burns or respiratory problems
• Providing qualified lifeguards or supervision when appropriate

The Legal Duty to Inspect, Maintain, Supervise, and Warn

For public pools, meeting the duty of care means:

• Regular inspections of the facility and equipment
• Prompt maintenance or repairs for identified hazards
• Clear warning signs about known dangers (e.g., “No Diving,” “Shallow Water”)
• Active supervision by properly trained personnel, especially lifeguards

Governmental Immunity: When the City Tries to Dodge Liability

One of the biggest roadblocks injured victims face when suing a public pool in Wayne County is governmental immunity. Under Michigan’s Governmental Tort Liability Act (GTLA), cities, counties, and other government bodies are generally protected from personal injury lawsuits. But here’s the truth:

Immunity doesn’t mean impunity. There are powerful exceptions under Michigan law—and when public entities cross the line, they can still be held accountable.

Proprietary Function Exception

If the pool was operating as a revenue-generating facility—for example, charging admission or renting the space for events—it may be classified as a “proprietary function.” Unlike purely governmental functions, these are not protected by immunity.

That means you can sue for negligence if the injury occurred at a paid-entry pool that failed to maintain safe conditions.

Gross Negligence by Government Employees

Even when immunity applies to the government body, it doesn’t necessarily apply to its employees.

If a lifeguard, maintenance worker, or facility manager acted with gross negligence—defined as conduct so reckless it shows a disregard for safety—you may be able to file suit directly against them. Examples include:

• A lifeguard ignoring an obvious drowning emergency
• A worker failing to fix a broken drain cover that caused entrapment
• Supervisors who knowingly let unqualified staff monitor the pool

Public Building Exception

If your injury was caused by a dangerous physical condition of the pool facility itself, you may have a valid claim under the public building exception.
This could include:

• Crumbling or slick pool decks
• Defective handrails or ladders
• Collapsing diving boards
• Poor lighting that causes slip-and-falls

Proving Negligence in a Public Pool Injury Case

Duty of Care

Every property owner, including public pool operators, owes a duty of care to lawful visitors. This means they’re legally required to:

• Keep the premises safe and properly maintained
• Provide adequate supervision (e.g., lifeguards when required)
• Warn guests of known dangers (like shallow areas or broken equipment)

Breach of Duty

This is where things went wrong. A breach occurs when the responsible party fails to meet their duty. Examples include:

• Lifeguards distracted or absent during swim hours
• Pool deck hazards ignored or improperly cleaned
• Warning signs missing or damaged
• Broken equipment left unrepaired

Causation

Next, you must show that the breach directly caused your injury. It’s not enough to prove the conditions were unsafe—you must connect that negligence to the specific harm you suffered.

Example: If you slipped on an unmarked slick surface and broke your ankle, the lack of signage and failure to clean becomes a causal link in your injury.

Damages

Lastly, you must show actual harm—physical, financial, or emotional. This can include:

• Medical bills
• Lost wages
• Long-term rehabilitation
• Pain and suffering
• Scarring or disfigurement

Key Evidence to Prove Your Case

At Marko Law, we move fast to secure critical evidence that can make or break your claim, including:

• Surveillance footage showing the moment of injury or conditions leading up to it
• Maintenance and inspection records that document neglect
• Witness statements from other swimmers, staff, or bystanders
• Incident reports (if filed) by pool personnel

When Product Liability Applies

Pool Equipment Failures

Certain types of defective or poorly designed equipment can cause devastating injuries, including:

• Suction entrapment from malfunctioning drains or pumps
• Collapsing diving boards due to faulty hardware
• Ladders, railings, or slides that detach, rust, or fail under normal use

Chemical Exposure or Burns

Automated chemical systems are used to regulate chlorine and other pool treatments. But when those systems fail, or when chemical products are mislabeled or mishandled due to poor instructions, swimmers can suffer:

• Skin burns
• Eye and respiratory injuries
• Severe allergic reactions

Michigan Product Liability Law

Under Michigan law, a product may be deemed defective due to:

• Design defects (unsafe from the start)
• Manufacturing defects (errors during production)
• Failure to warn (inadequate instructions or hazard disclosure)

Unlike traditional negligence cases, product liability can be pursued under strict liability—meaning you don’t have to prove intent or carelessness. You only have to prove the product was defective and caused harm during normal use.

You Shouldn’t Suffer in Silence

Public pools are meant to be safe, community-centered places where families can enjoy the summer—not walk away with life-altering injuries. If you or someone you love was hurt at a public pool in Wayne County, know this: you have rights.

Under Michigan law, public facilities are not above accountability. Whether your injury was caused by government negligence, a private contractor’s failure, or a defective product, you may be entitled to financial recovery—and justice.

Speaking up isn’t just about your case. It’s about making sure the same thing doesn’t happen to someone else. At Marko Law, we believe safety isn’t a privilege—it’s a legal obligation. And when someone violates that obligation, we fight hard to make it right.

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