A few seconds of unsupervised access is all it takes. Here is what every parent across New Jersey, New York, and Pennsylvania should know before the kids hit the water this summer — and what your family’s rights are if someone else’s carelessness causes harm.
Summer is supposed to be the easy season — backyard pools, day camp, the community swim club. But it is also the most dangerous time of year for children and water. The warm-weather months consistently account for the largest share of fatal child drownings, and the children most at risk are often the youngest and the least able to recognize danger.
At Rose Harper Law, we represent families after preventable injuries, and few cases are harder than those involving a child near
water. This guide pulls together the most current national data and practical, pediatrician-backed safety steps — and explains, in plain language, when a pool owner or a summer camp may be legally responsible for a child’s injury.
A NOTE FROM ROSE
I write this not only as an a!orney, but as a mom of three. Every summer, the same worry sits in the back of my mind that lives in the back of yours — the pool, the lake, the camp swim hour, the cousin’s backyard. I have watched my own children near the water, counted heads more times than I can remember, and felt that flash of panic when one of them slipped out of sight for a second. That instinct is right. Drowning is fast and silent, and it does not look the way movies tell us it does.
This topic is deeply personal to me. I built my practice around protecting families, and there is nothing I want more than for you to never need a lawyer for something like this. So before we talk about rights and responsibility, let’s talk about prevention — parent to parent.
Rose Harper Law · NJ · NY · PA
Summer water safety for parents
Protecting young children around pools and camp swim programs
#1 cause of death
Ages 1–4
Unintentional drowning
Fatal drownings/year
~4,000
Nationally · about 11/day
Child pool deaths/yr
~357
Under age 15 (CPSC)
ER visits/year
~6,300
Nonfatal pool injuries · under 15
Most fatal child drownings: the child gained unpermitted access and was out of an adult's sight for only a matter of minutes. Drowning is fast, silent, and rarely looks the way people expect.
8 layers of protection
Stack these — any one can save a life on the day another fails.
One adult, one job — eyes on the water, no phone. Hand off the role verbally.
Babies, toddlers, non-swimmers — close enough to grab them instantly.
At least 4 ft high, self-closing/self-latching gate. Separates pool from house.
Formal lessons measurably lower drowning risk. Keep going — skills fade over winter.
Every caregiver — grandparents, babysitters, neighbors. Minutes before paramedics matter.
Near open water. Not water wings, not floaties — real approved life jackets.
Buckets, kiddie pools, coolers. Young children can drown in very little water.
Ask about lifeguard certification, ratios, swim tests, and the emergency plan.
5 questions to ask every camp
Is the camp ACA-accredited? If not, why?
Are all lifeguards currently certified and verified before the season?
What is the lifeguard-to-swimmer ratio? How are non-swimmers identified?
Is there a swim test and a buddy/head-count system during free swim?
What is the written emergency action plan? Who is CPR-certified on site?
When someone else's negligence causes harm
Attractive nuisance
A pool that draws children who can't appreciate its danger. Owners may have a heightened duty to fence, gate, and secure it.
Premises liability
Homeowners, landlords, hotels, and HOAs who ignore required fencing, alarms, or drain covers may be liable when a child is hurt.
Negligent supervision
Camps using uncertified guards, ignoring ratios, or failing their own safety plan can be held responsible — even with a signed waiver.
If your child was injured near water
Get medical care first. Then preserve photos, witness names, incident reports, and medical records. Speak with an attorney before signing anything from an insurer. Rose Harper Law serves NJ · NY · PA — consultation is free.
Sources: CDC, CPSC, American Academy of Pediatrics, American Camp Association · Rose Harper Law, LLC
When prevention fails: who is legally responsible?
Most water injuries are accidents in the everyday sense. But some happen because a property owner, business, or camp failed to do what the law reasonably requires — and in those cases, an injured child’s family may have the right to compensation for medical bills,
long-term care, and more. Two legal concepts come up most often.
Premises liability and “attractive nuisance”
Property owners generally owe a duty to keep their premises reasonably safe. A swimming pool is the textbook example of an a!ractive nuisance — a feature that predictably draws children who can’t appreciate its danger. That can place a heightened responsibility on owners to install proper fencing, gates, alarms, and compliant drain covers, and to address known hazards. When a landlord, apartment complex, hotel, HOA, or homeowner ignores those duties and a child is hurt, that failure can support a claim. The specific rules across New Jersey, New York, and Pennsylvania, which is why an early case review ma!ers.
Negligent supervision at camps and swim programs
Camps and programs that take charge of children owe them reasonable supervision and safe aquatic operations. Using uncertified guards, ignoring supervision ratios, leaving non swimmers unwatched, or failing to follow the camp’s own safety plan can amount to negligence. And while many camps require parents to sign a liability waiver, a waiver does not automatically eliminate a family’s rights — particularly where the conduct rises to gross negligence or recklessness.
If your child has been injured in or around water, preserve what you can: photos of the scene, fencing, signage, and drain covers; the names of sta” and witnesses; incident reports; and all medical records. Then talk to a lawyer before signing anything from an insurer.
Disclaimer: This article is for general informational purposes only and is not legal or medical advice. Reading it does not create an attorney-client relationship. Drowning statistics and prevention guidance are summarized from the sources listed above; consult those sources and your pediatrician for medical guidance. For advice about a specific situation, contact a licensed attorney in your state.
-
What is the leading cause of accidental death for young children in summer?
Drowning. It is the leading cause of unintentional injury death for children ages 1–4 and the second-leading cause for ages 5–14, and most fatal child drownings occur between May and August.
-
Who can be responsible if my child is hurt at someone else’s pool?
Depending on the facts, a homeowner, landlord, apartment complex, hotel, or HOA may be liable if they failed to maintain legally required fencing, gates, alarms, or drain covers, or ignored a known hazard. These are premises liability claims, and the rules vary by state.
-
What does "attractive nuisance" mean?
It’s a dangerous condition on property — like a pool — that is likely to attract children who can’t appreciate the risk. It can create a heightened duty for the owner to take reasonable steps to keep young children out when the pool isn’t in use.
-
Can I bring a claim against a summer camp?
Possibly, if the camp was negligent — for example, using uncertified lifeguards, ignoring supervision ratios, or failing to follow its own safety procedures. A signed waiver does not automatically bar a claim, especially where there is gross negligence.
-
What should I do right after a child’s water injury?
Get medical care first — even after a nonfatal drowning, a child should be evaluated. Then preserve evidence (photos, witness names, incident reports, medical records) and speak with an attorney before signing anything from an insurance company.
Attorney Rose Harper has dedicated her career to fighting for personal injury victims, recovering over $1,000,000 in compensation on behalf of her clients. Her practice is built on an unwavering commitment to client advocacy, with a focus on high-stakes cases involving catastrophic motor vehicle accidents, premises liability, and wrongful death actions. Rose is known for her rigorous approach to case development, ensuring that each client pursues the full and fair compensation they are entitled to under applicable law. For her, advocating for the injured is not simply a profession, it is a calling to stand up against powerful corporations and insurance carriers and the interests they protect.
Her practice is grounded in thorough, client-centered representation, where every case receives individualized attention and a litigation strategy tailored to the specific facts and circumstances of each matter. Rose does not accept inadequate settlements; she builds every case with the discipline and evidentiary foundation required to take it to trial when that is what justice demands. Through exhaustive discovery and collaboration with expert witnesses across multiple disciplines, she consistently challenges the bad-faith tactics of insurance carriers that seek to undervalue or deny legitimate claims.