Are Apartment Complexes Liable for Pool Injuries in Illinois?

 Posted on June 28, 2025 in Premises Liability

In Illinois, apartment complex owners are legally responsible, under premises liability law, for maintaining safe conditions on their properties, including in and around swimming pools. When tenants or guests suffer a pool-related injury, the question of liability often comes down to whether the property owner took reasonable steps to prevent foreseeable harm. If you or a loved one has been hurt in a swimming pool incident, a Chicago, IL premises liability attorney can help you understand your legal rights.

What Is Premises Liability Law in Illinois?

Premises liability is a legal concept that holds property owners accountable when unsafe conditions on their property cause injury. Under 740 ILCS 130/2, known as the Illinois Premises Liability Act, property owners and occupiers owe a duty of reasonable care to lawful visitors. This responsibility includes maintaining the premises, correcting known hazards, and warning about dangerous conditions that are not obvious.

In the context of a swimming pool, a property owner’s duty might include ensuring that the pool is properly secured, that water quality is safe, that slippery surfaces are addressed, and that signage is posted to warn of risks. Failure to meet these responsibilities can open apartment complex owners or managers up to liability if someone is injured.

Apartment Complex Liability for Swimming Pool Accidents in Illinois

Illinois law does not automatically make apartment complexes responsible for all pool-related injuries. However, when negligence can be proven, they may be held liable. For example, ignoring safety code violations or failing to supervise or secure the pool area could lead to liability.

Many swimming pool-related duties are governed by the Department of Public Health in Illinois. Section 820 of the Swimming Facility Code outlines safety standards for public and semi-public pools. Even if the pool is private and restricted to tenants, these codes may still apply in larger buildings or managed communities.

Complexes that hire third-party contractors for maintenance or lifeguarding services may also share liability if those contractors act negligently and cause harm. In such cases, liability may be divided between multiple parties based on their level of fault.

Common Swimming Pool Accidents That Could Lead To a Claim

Various types of swimming pool accidents can lead to premises liability claims. Some of the most common include:

• Slip and falls: Wet pool decks, broken tiles, or a lack of anti-slip surfaces can cause serious falls and injuries.

• Drownings or near-drownings: Insufficient lifeguards, defective pool drains, or failure to secure the pool area can lead to tragic outcomes.

• Chemical exposure: Improper use or storage of chlorine and other pool chemicals can cause burns or respiratory problems.

• Entrapment: Broken or uncovered drains can pull swimmers underwater, especially small children.

• Inadequate lighting: Poor visibility during evening hours can increase the risk of injury, particularly in poorly lit pools.

To hold an apartment complex liable, you must prove that your injury was caused by the property owner or manager’s failure to maintain safe conditions or adequately warn of danger. 

Contact a Chicago, IL Premises Liability Attorney Today

If you or someone you love has been injured in a swimming pool accident at an apartment complex, do not wait to explore your legal options. The law may entitle you to compensation for medical bills, lost wages, pain and suffering, and more recoverable damages. An experienced Chicago, IL premises liability lawyer at Winters Salzetta O'Brien & Richardson, LLC will assess the situation to gather evidence and help you hold the negligent parties accountable. Call 312-236-6324 to schedule a free consultation today.