Swimming pool & drowning accidents · Wilmington, NC
Wilmington swimming pool drowning and near-drowning lawyer.
A drowning or near-drowning usually comes down to a gate that did not latch, a fence that was too low, a drain cover that was missing, or a crowded pool no one was watching. The owner often fixes the problem within days. As a swimming pool accident lawyer with over 41 years in personal injury, I move to preserve that evidence first and build the claim under North Carolina's strict rules. Consultation is free. No fee unless I win your case.
5.0 on Google across 43 reviews
What injury clients said after their case closed.
“Mr. Armstrong represented me in my personal injury claim. He was awesome — professional yet personable. He facilitated an outcome that was far better than I could have hoped for, and above all he always put my interest first and foremost.”
“I veered away from your typical commercial attorney because I did not feel it would be a good fit for me. Robert and his assistant Stephanie are very genuine and made me feel comfortable from the moment I spoke with them.”
“My van was hit and totaled. Bob took my case and suggested medical professionals who fixed my problems. He kept in contact to see how I was doing and genuinely took an interest in my well-being. All of the medical bills were paid and I am back to 100%. I would highly recommend Bob.”
How I work pool and drowning cases
Drowning is quiet and fast. The evidence disappears almost as quickly.
Drowning is the leading cause of death for children ages 1 to 4, according to the CDC, and it rarely looks like the splashing people expect. A child slips through a gate that should have closed on its own. A teenager is pulled against a drain at a hotel pool. A guest at a crowded apartment complex goes under while no one is assigned to watch. The families who call me are usually still in the hospital, or planning a funeral, when the property owner's insurer is already at work.
North Carolina sets clear standards for these pools. The swimming pool appendix of the NC Residential Code calls for a barrier at least 48 inches high, gaps too narrow for a 4-inch sphere, and gates that open outward and close and latch on their own. Hotel, motel, apartment, and membership pools are public pools under G.S. 130A-280, with their own state fence and safety rules, and federal law has required anti-entrapment drain covers on public pools since 2008. When one of those protections was missing, it is strong evidence of what went wrong and how cheaply it could have been prevented.
That evidence does not last. Owners replace the latch, raise the fence, and erase the camera footage, often within the week. So the first thing I do as your swimming pool accident lawyer is send a preservation letter to the owner, the manager, and any pool service company. Then I gather photographs of the barrier and gate as they stood, the permit and inspection history, maintenance logs, the guest or resident rules, and every insurance policy that might respond. Because North Carolina still applies contributory negligence, I also prepare early for the argument insurers make in nearly every pool case: that a parent or the victim was to blame.
Personal injury is all I do, and I have done it for over 41 years. I represent injured people and their families, never property owners or insurers. I handle every case personally, with no associates and no handoffs, and calls are returned within 24 hours. Tell me what happened, and I will tell you honestly whether I think the claim can be won.
Robert L Armstrong
Pool cases I handle
Where the pool sits decides which rules apply.
A backyard pool, a beach rental pool, and a hotel pool each answer to different codes and different insurance. Knowing which one you are dealing with tells me who to name and what records to demand first.
Hotel and motel pools
Public pools under North Carolina law, with state rules on fencing, gates, signage, and safety equipment. Coastal hotels fill their pools with children all summer, and staffing, supervision, and maintenance records matter from day one.
Apartment, condo, and HOA pools
Community pools run by a landlord, an association, or a management company, often with a separate pool service contractor. Responsibility can be split among several companies, each with its own policy.
Vacation rental and beach house pools
Private pools at rental homes from Wrightsville Beach to Carolina Beach and Oak Island. Visiting families do not know the gate is broken. The owner, the local manager, and the booking platform's coverage can all be in play.
Neighbor and backyard pools
Homeowner pools where a guest or a child from next door is hurt. These claims usually run through the homeowner's liability policy. For a child under 14 who wandered in, the child trespasser statute may apply.
Drain entrapment and broken equipment
A missing or broken drain cover can trap a swimmer underwater with enormous suction force. Faulty ladders, slippery decks, and unmarked depth changes cause injuries too, and they can bring a manufacturer or installer into the claim.
Near-drowning brain injuries
A swimmer who survives can still suffer lasting brain injury from lack of oxygen. These are some of the largest pool cases I handle, because the care needs can last a lifetime.
Was someone you love hurt in a pool? The evidence needs saving now.
Tell me where the pool was and what happened. I will tell you who likely bears responsibility and which records need to be preserved this week, before the gate is repaired or the video is gone. No fee unless I win your case.
By the numbers
What over 41 years looks like in the file.
Common questions
About swimming pool and drowning claims in NC.
The questions families ask most after a drowning, a near-drowning, or a pool injury in North Carolina. Answered the way I would answer them on the phone.
Frequently asked questions
Who is responsible when a child drowns or nearly drowns in someone else’s pool?
Whoever controlled the pool and failed to keep it reasonably safe. That can be a homeowner, a landlord, a homeowners association, a hotel or apartment operator, a property manager, or a pool service company. Many cases have more than one responsible party. A missing barrier, a gate that did not latch, a broken drain cover, or no one watching a crowded pool are the facts that usually decide who belongs in the claim.
The pool owner says we should have been watching our child. Does that end the case?
No. North Carolina treats a child under 7 as conclusively incapable of contributory negligence. From 7 to 14, the law presumes the child is incapable, and the defense has to overcome that with evidence. Insurers still raise parental supervision in almost every pool case, because it is the argument that makes families feel responsible and settle low. A parent looking away for a minute does not excuse a gate that never latched.
Our child was trespassing in a neighbor’s pool. Is there still a claim?
Possibly. North Carolina’s child trespasser statute, G.S. 38B-3, can make an owner responsible when a child under 14 is hurt by a dangerous condition the owner knew children were likely to reach, and when a fence or locked gate would have cost little compared with the risk. A pool does not qualify automatically. The facts about the barrier, the gate, and what the owner knew decide it.
We were renting a beach house when it happened. Does the rental company share responsibility?
It can. The owner, the local management company, and sometimes the pool contractor may each have had duties to keep the pool and its gate safe. Out-of-state families often go home before anyone preserves the scene, so the first step is a letter demanding that the barrier, the gate hardware, and any camera footage be kept as they were. My guide to vacation rental injuries explains how host and platform coverage fits together.
My child survived a near-drowning but is not the same. What can the claim cover?
A non-fatal drowning can cut off oxygen long enough to injure the brain, and the effects on memory, attention, speech, and behavior can surface over months. The claim can include past and future medical care, therapy, schooling support, and the lifetime cost of care when the injury is permanent. I build those cases the same way I build any traumatic brain injury case, with the right specialists and a long view of the future.
Is a swimming pool accident lawyer worth calling if the owner is a friend or neighbor?
Many families hesitate for exactly that reason. In most residential cases, the claim is paid by the homeowner’s insurance policy, not out of your neighbor’s savings, and the insurer, not your neighbor, decides how hard to fight. The consultation is free, and talking it through does not commit you to anything.
How long do we have to file a pool or drowning claim in North Carolina?
Three years for most injury claims under G.S. 1-52. A child’s own claim generally gets more time under G.S. 1-17, but the parents’ claim for medical bills can run on the shorter clock. When a drowning is fatal, a wrongful death claim generally must be filed within two years under G.S. 1-53. Fence repairs and overwritten video happen in days, so the time to call is now.
When you're ready to talk through what happened at the pool, the call is free.
No fee unless I win your case. Tell me what happened and where. I will tell you honestly whether I think the claim can be won under North Carolina law and who can be held responsible.
Contingency-fee representation. Free consultation.