Stockton Wrongful Death | Swimming Pool Drowning Cases

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Stockton Wrongful Death Law

Swimming Pool Drowning Cases

If someone you love drowned in a swimming pool, you may have grounds for a wrongful death claim. Learn how California law holds pool owners, property managers, and others accountable for preventable drownings in Stockton.

Written by Noah Schwinghamer | 19 December 2025

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Empty swimming pool with still water, representing preventable drowning incidents and wrongful death cases in Stockton.

A Preventable Tragedy: When Pool Negligence Leads to Death

In California, drowning is a leading cause of injury-related deaths among children under the age of five.

Near-drowning incidents also leave many children with lifeline disabilities. Drowning can happen in private, public, and hotel swimming pools. Many of these deaths and injuries could have been prevented with proper supervision, fencing, and maintenance.

When negligence leads to a fatal drowning, surviving family members may have the right to bring a wrongful death claim under California Code of Civil Procedure § 377.60.

In California, drowning is a leading cause of injury-related deaths among children under the age of five.

When negligence leads to a fatal drowning, surviving family members may have the right to bring a wrongful death claim under California Code of Civil Procedure § 377.60.

In California, drowning is a leading cause of injury-related deaths among children under the age of five.

When negligence leads to a fatal drowning, surviving family members may have the right to bring a wrongful death claim under California Code of Civil Procedure § 377.60.

Compassionate Legal Guidance After a Wrongful Death

Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.

Compassionate Legal Guidance After a Wrongful Death

Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.

Compassionate Legal Guidance After a Wrongful Death

Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.

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Common Causes of Fatal Pool Accidents

Drowning cases often stem from a failure to follow California’s pool safety laws, such as those in the California Health & Safety Code §§ 115920–115929 (the “Swimming Pool Safety Act”).

Common causes include:

Lack of adequate fencing or self-latching gates.
Unsupervised or inattentive lifeguards at public or hotel pools.
Defective or missing drain covers, leading to suction entrapment.
Cloudy or poorly maintained water that prevents visibility.
Alcohol use, especially at private gatherings.
Broken or slippery pool decks and unsafe access points.

When these hazards cause or contribute to a death, the owner or operator of the pool may be legally responsible.

Drowning cases often stem from a failure to follow California’s pool safety laws, such as those in the California Health & Safety Code §§ 115920–115929 (the “Swimming Pool Safety Act”).

Common causes include:

Lack of adequate fencing or self-latching gates.
Unsupervised or inattentive lifeguards at public or hotel pools.
Defective or missing drain covers, leading to suction entrapment.
Cloudy or poorly maintained water that prevents visibility.
Alcohol use, especially at private gatherings.
Broken or slippery pool decks and unsafe access points.

When these hazards cause or contribute to a death, the owner or operator of the pool may be legally responsible.

Drowning cases often stem from a failure to follow California’s pool safety laws, such as those in the California Health & Safety Code §§ 115920–115929 (the “Swimming Pool Safety Act”).

Common causes include:

Lack of adequate fencing or self-latching gates.
Unsupervised or inattentive lifeguards at public or hotel pools.
Defective or missing drain covers, leading to suction entrapment.
Cloudy or poorly maintained water that prevents visibility.
Alcohol use, especially at private gatherings.
Broken or slippery pool decks and unsafe access points.

When these hazards cause or contribute to a death, the owner or operator of the pool may be legally responsible.

"No amount of compensation can undo the loss — but financial accountability can help protect others and bring a sense of justice to grieving families."

How Do You Prove Fault at a Home Swimming Pool?

One way to win your case is to prove negligence per se – this is when you prove the the defendant violated a safety law. The California’s Swimming Pool Safety Act requires new swimming pools or spas at single-family homes to have at least two of the following safety features:

An enclosure that separates the pool from the home.
A self-closing, self locking gate and mesh.
A pool cover.
Exit alarms on the home’s doors and windows that access the pool. These alarms must make a continuous alarm if the door/window is left open.
A self closing/self latching device (no lower than 54” above the floor) on any door to the pool.
An pool alarm in good working order.
“Other means of protection” that offers protection “equal to or greater” than the items discussed above.

Of course, this is not the only way to win your case. Consult with an experienced Stockton Swimming Pool Drowning attorney at Schwinghamer Law for more information.

An enclosure that separates the pool from the home.
A self-closing, self locking gate and mesh.
A pool cover.
Exit alarms on the home’s doors and windows that access the pool. These alarms must make a continuous alarm if the door/window is left open.
A self closing/self latching device (no lower than 54” above the floor) on any door to the pool.
An pool alarm in good working order.
“Other means of protection” that offers protection “equal to or greater” than the items discussed above.

Of course, this is not the only way to win your case. Consult with an experienced Stockton Swimming Pool Drowning attorney at Schwinghamer Law for more information.

An enclosure that separates the pool from the home.
A self-closing, self locking gate and mesh.
A pool cover.
Exit alarms on the home’s doors and windows that access the pool. These alarms must make a continuous alarm if the door/window is left open.
A self closing/self latching device (no lower than 54” above the floor) on any door to the pool.
An pool alarm in good working order.
“Other means of protection” that offers protection “equal to or greater” than the items discussed above.

Of course, this is not the only way to win your case. Consult with an experienced Stockton Swimming Pool Drowning attorney at Schwinghamer Law for more information.

How Do You Prove Fault at a Public Swimming Pool?

Public pools do not have the same requirements as home pools. Under California law, however, they are required to have anti-entrapment devices. In addition, they are expected to take reasonable steps to ensure the safety of swimmers, which may require lifeguards or other safety measures.

Who Can Be Held Liable in a Drowning Wrongful Death Case?

Each case depends on the facts, but liability may rest with one or more parties, such as:

Homeowners who failed to maintain safe conditions or supervise guests.
Apartment complexes or HOAs that neglected required fencing or safety features.
Hotels, motels, and gyms that failed to provide trained lifeguards or post warning signs.
Schools or camps operating under unsafe supervision policies.
Manufacturers of defective pool equipment or drain systems.

California law requires pool owners to use "ordinary care" to prevent harm. When they don't, and a drowning occurs, that negligence can form the basis of a wrongful death claim.

Each case depends on the facts, but liability may rest with one or more parties, such as:

Homeowners who failed to maintain safe conditions or supervise guests.
Apartment complexes or HOAs that neglected required fencing or safety features.
Hotels, motels, and gyms that failed to provide trained lifeguards or post warning signs.
Schools or camps operating under unsafe supervision policies.
Manufacturers of defective pool equipment or drain systems.

California law requires pool owners to use "ordinary care" to prevent harm. When they don't, and a drowning occurs, that negligence can form the basis of a wrongful death claim.

Each case depends on the facts, but liability may rest with one or more parties, such as:

Homeowners who failed to maintain safe conditions or supervise guests.
Apartment complexes or HOAs that neglected required fencing or safety features.
Hotels, motels, and gyms that failed to provide trained lifeguards or post warning signs.
Schools or camps operating under unsafe supervision policies.
Manufacturers of defective pool equipment or drain systems.

California law requires pool owners to use "ordinary care" to prevent harm. When they don't, and a drowning occurs, that negligence can form the basis of a wrongful death claim.

Understanding Your Legal Rights After a Tragic Loss

If you’ve lost a loved one due to someone else’s negligence, you may have the right to file a wrongful death claim in California. Learn what these cases involve and how a Stockton wrongful death lawyer can help your family pursue justice.

Understanding Your Legal Rights After a Tragic Loss

What Families Can Recover in a Pool Drowning Wrongful Death Case

Surviving family members may be entitled to compensation for both financial and emotional losses, including:

Funeral and burial expenses.
Loss of the victim’s future earnings and household support.
Loss of companionship, comfort, and affection.
The emotional suffering caused by the death.
In some cases, punitive damages if the defendant’s conduct was grossly negligent or reckless.

No amount of compensation can undo the loss — but financial accountability can help protect others and bring a sense of justice to grieving families.

Surviving family members may be entitled to compensation for both financial and emotional losses, including:

Funeral and burial expenses.
Loss of the victim’s future earnings and household support.
Loss of companionship, comfort, and affection.
The emotional suffering caused by the death.
In some cases, punitive damages if the defendant’s conduct was grossly negligent or reckless.

No amount of compensation can undo the loss — but financial accountability can help protect others and bring a sense of justice to grieving families.

Surviving family members may be entitled to compensation for both financial and emotional losses, including:

Funeral and burial expenses.
Loss of the victim’s future earnings and household support.
Loss of companionship, comfort, and affection.
The emotional suffering caused by the death.
In some cases, punitive damages if the defendant’s conduct was grossly negligent or reckless.

No amount of compensation can undo the loss — but financial accountability can help protect others and bring a sense of justice to grieving families.

How a Stockton Wrongful Death Attorney Can Help

Investigating a drowning death requires prompt action and technical expertise. A lawyer experienced in these cases will:

Secure pool maintenance records, surveillance footage, and witness statements.
Inspect fencing, gates, and alarms to identify code violations.
Consult with aquatic safety experts and medical professionals.
Handle all insurance communications.
File suit against responsible parties and pursue maximum compensation.

At Schwinghamer Law, we understand the devastation that follows an unexpected death. Our firm fights to hold negligent pool owners and operators accountable — so that families can focus on healing.

Investigating a drowning death requires prompt action and technical expertise. A lawyer experienced in these cases will:

Secure pool maintenance records, surveillance footage, and witness statements.
Inspect fencing, gates, and alarms to identify code violations.
Consult with aquatic safety experts and medical professionals.
Handle all insurance communications.
File suit against responsible parties and pursue maximum compensation.

At Schwinghamer Law, we understand the devastation that follows an unexpected death. Our firm fights to hold negligent pool owners and operators accountable — so that families can focus on healing.

Investigating a drowning death requires prompt action and technical expertise. A lawyer experienced in these cases will:

Secure pool maintenance records, surveillance footage, and witness statements.
Inspect fencing, gates, and alarms to identify code violations.
Consult with aquatic safety experts and medical professionals.
Handle all insurance communications.
File suit against responsible parties and pursue maximum compensation.

At Schwinghamer Law, we understand the devastation that follows an unexpected death. Our firm fights to hold negligent pool owners and operators accountable — so that families can focus on healing.

"…if the pool was owned or operated by a public entity, such as a city or school district — in those cases you may have as little as six months to file a government claim."

Statute of Limitations: Don't Wait to Take Action

In California, families generally have two years from the date of death to file a wrongful death claim.

However, shorter deadlines apply if the pool was owned or operated by a public entity, such as a city or school district — in those cases, you may have as little as six months to file a government claim.

Consulting an attorney quickly ensures evidence is preserved and deadlines are met.

In California, families generally have two years from the date of death to file a wrongful death claim.

Consulting an attorney quickly ensures evidence is preserved and deadlines are met.

In California, families generally have two years from the date of death to file a wrongful death claim.

Consulting an attorney quickly ensures evidence is preserved and deadlines are met.

Frequently Asked Questions

Q: What if the drowning happened at a friend’s house?
A: You can still file a wrongful death claim, typically through the homeowner’s insurance policy. These cases are about accountability — not personal blame.

Q: Can I sue a hotel or apartment complex for lack of fencing or lifeguards?
A: Yes, if they failed to comply with California’s pool safety laws or industry standards, they may be liable for negligence.

Q: What if the person was partially at fault?
A: California uses a comparative negligence rule — even if the victim was partly responsible, families can still recover a reduced percentage of damages.

Holding Negligent Pool Owners Accountable

Drowning deaths are not “accidents” — they are almost always preventable. When pool owners, property managers, or event organizers cut corners on safety, they put lives at risk.

Families in Stockton, Lodi, Tracy, and throughout San Joaquin County deserve answers — and justice.

Drowning deaths are not “accidents” — they are almost always preventable. When pool owners, property managers, or event organizers cut corners on safety, they put lives at risk.

Families in Stockton, Lodi, Tracy, and throughout San Joaquin County deserve answers — and justice.

Drowning deaths are not “accidents” — they are almost always preventable. When pool owners, property managers, or event organizers cut corners on safety, they put lives at risk.

Families in Stockton, Lodi, Tracy, and throughout San Joaquin County deserve answers — and justice.

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About the Author

Noah Schwinghamer

Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.

Contact a Stockton Wrongful Death Lawyer Today

If your loved one drowned due to unsafe pool conditions, poor supervision, or defective equipment, we can help. Call Schwinghamer Law today for a free consultation. We’ll listen to your story, explain your legal rights, and fight for the justice your family deserves.

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Schwinghamer Law – The Stockton Hammer, personal injury attorney in Stockton, California

Stockton Office

7400 Shoreline Dr.

Suite #5

Stockton, CA 95219

(209) 425-2520