Staying Safe Around Pools and Open Water in Southern Ontario: What You Need to Know About Liability and Legal Recourse

June 19, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

With the arrival of warmer weather in Southern Ontario, more residents are opening their backyard pools, heading to cottages, or visiting local beaches and public swimming areas. While water activities provide enjoyment and relaxation, they also come with serious safety responsibilities. Drowning and water-related injuries remain a concern across the province, particularly for children and inexperienced swimmers. Understanding water safety is critical—not only from a preventative standpoint, but also when it comes to legal liability and potential recourse in the event of an injury.

Water Safety in Ontario: A Shared Responsibility

Each year, the Lifesaving Society of Ontario reports preventable water-related fatalities. Most drownings occur in unsupervised or poorly maintained areas, often where basic safety rules are ignored. Common causes include lack of proper barriers around residential pools, absence of adult supervision, alcohol consumption, and failure to use life jackets in open water.

Homeowners with private swimming pools or waterfront access have a legal duty to ensure their property is safe for others. This includes taking reasonable steps to prevent foreseeable accidents. Fencing requirements, self-closing gates, posted safety signage, and securing pool chemicals are just a few examples of required precautions.

Legal Liability for Pool and Water Injuries

In Ontario, liability for pool-related or open-water injuries typically falls under the Occupiers’ Liability Act. An "occupier" is anyone who owns, controls, or oversees the property, whether it is a private homeowner, a cottage renter, or a public facility operator. The law mandates that occupiers take reasonable care to ensure the premises are safe for visitors.

If someone is injured due to a hazardous condition on the property—such as a broken pool gate, a slippery deck, or a lack of proper supervision—the occupier could be found liable. This is true whether the injured party was invited or even in some cases if they were trespassing, particularly if the injured person is a child.

For public or commercial pools (such as those in hotels, gyms, or recreational centres), the standard of care is higher. These facilities must follow stringent regulations, including trained lifeguards, regular water quality testing, posted safety rules, and accessibility measures. A failure to meet these standards can form the basis for a negligence claim if someone is hurt or drowns.

Injuries and Wrongful Death: Legal Recourse

When a person suffers a serious injury or dies as a result of a pool or water-related incident, the consequences are devastating. Victims and their families may face long-term medical costs, loss of income, emotional trauma, and in the worst cases, the loss of a loved one.

Under Ontario law, injured parties—or their family members in the case of a fatality—may pursue a personal injury claim or a wrongful death lawsuit against the responsible party. These claims may seek compensation for:

• Medical expenses

• Rehabilitation and ongoing care

• Loss of income or earning capacity

• Pain and suffering

• Funeral costs (in fatal cases)

• Loss of guidance, care, and companionship (available to family members)

Every case is unique, and liability must be established through a detailed investigation of the circumstances. This often involves gathering witness statements, reviewing property conditions, and determining whether safety protocols were followed.

Prevention First, But Know Your Rights

While the law provides remedies for those harmed due to negligence, the best outcome is prevention. Residents and visitors should always practise water safety: supervise children closely, avoid alcohol while swimming or boating, wear life jackets when required, and ensure that safety equipment is available and in good condition.

For property owners, compliance with local bylaws and provincial regulations is essential. Not only does it help keep others safe, but it also protects against potential liability.

If you or a loved one has been injured in a pool or water-related incident, it’s important to speak with an experienced personal injury lawyer. At Deutschmann De Koning Personal Injury Law, we can help assess your legal options and determine whether you have a claim. We are committed to helping individuals and families navigate the complex legal process and secure the compensation they deserve.

Contact us today for a free consultation.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.