Find a swimming pool accident lawyer in Tempe: fences, city pools and deadlines
Who is responsible depends on the pool. A Tempe city pool means a notice of claim within 180 days. A home or apartment pool falls under Tempe's fence code, which requires a fence at least 5 feet high with a self-closing, self-latching gate. For a private claim, you generally have 2 years to sue.
Last checked November 9, 2026 · Official sources (31)
What if your child was hurt in a Tempe city pool?
Tempe runs four public pools: the Kiwanis indoor wave pool and outdoor pools at Escalante, Clark Park and McClintock High School. Because the city runs them, a claim follows the government rules.
- Tell a lifeguard or staff member and ask for an incident report. Write down the pool, the time and the names of staff on duty.
- Get medical care. Tempe Fire says near drowning can cause permanent brain damage, so ask for a check even if the child seems fine.
- File a notice of claim with the Tempe City Clerk, 31 E. 5th Street, 2nd Floor, within 180 days.
- State a specific amount and the facts behind it.
- If a child was hurt, the 180 days start when the child turns 18. Do not count on waiting.
A city pool has rules you can check against what happened. Children 7 and under must be within arm's reach of someone at least 16, with one adult for every four children. The Kiwanis slide has a 48 inch height minimum and a 250 pound limit.
What fence does Tempe require around a home or apartment pool?
Tempe City Code 21-3(b)(16) calls it a violation when a pool area is not enclosed by a fence at least five feet high with a self-closing, self-latching gate, or padlocked at all times. State law uses the same height, adds a latch at least 54 inches up, and exempts homes where all residents are at least six.
The state law does not reach public or semi-public pools, and cities can pass rules that are equal or tougher. For rentals, Tempe says pools must be fenced from the public and kept up. State law also says a seller or landlord must give a pool safety notice to a buyer or renter.
Who is responsible for each kind of pool in Tempe?
| Pool | Who answers for it | Check this | Claim clock |
|---|---|---|---|
| City pool (Kiwanis, Clark, McClintock) | City of Tempe | Staff ratios, slide limits, incident report | 180 days |
| Apartment or rental pool | Landlord or property manager | Fence, gate, pool safety notice | 2 years |
| Neighbor's backyard pool | Homeowner | Fence and gate under city code | 2 years |
| Hotel or HOA pool | Operator or association | County permit and inspections | 2 years |
Maricopa County requires operating permits for public and semi-public pools. Its Aquatic Health and Safety inspections can be reached at 602-506-0070 or [email protected], and there is an online pool inspection tool.
Can you sue if a child got into a pool without permission?
Often yes. Arizona's recreation law does not limit the liability that exists for keeping an attractive nuisance. A pool without a proper fence can be one. A missing fence is not the only fact that matters, so keep photos of the gate and the latch.
Tempe Fire notes that a child can drown in two inches of water, and that most drown in their own pools. Time does not run on a private claim while a child is under 18.
How serious are pool injuries for children?
For children under 15 in the U.S., about 5,900 pool injuries reach emergency rooms each year, and 71 percent of those are under age 5. Drowning is the leading cause of death for children 1 to 4.
Nonfatal drowning can leave brain damage or permanent disability. If your child is in that situation, a lawyer can help gather medical records and cost estimates. Take it at your own pace.
Questions
How long do I have to sue after a pool accident in Tempe?
Generally 2 years for a private pool. For a city pool, a claim is due in 180 days and then you have one year to sue.
Does a drain cover matter?
Yes. Federal law requires drain covers that meet the entrapment standard, and public pools with a single main drain need added protection.
Is a death at a pool handled differently?
The deadlines are the same, but a surviving spouse, child, parent or personal representative brings the claim. Reach out gently, and take time first to grieve.
Where do I see a pool's inspection record?
For public and semi-public pools, use Maricopa County's online Swimming Pool Inspection Tool.
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See if I’m owed moneySources (31)
- A.R.S. 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- City of Tempe, Code Compliance, checked 2026-11-09. “Any swimming pool areas that are not enclosed by a fence of at least five (5) feet in height and equipped with self-closing, self-latching gate(s), or padlocked at all times.”
- A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
- City of Tempe, Pools, checked 2026-11-09. “Children seven (7) years and under must be within arm's reach in the pools by someone at least 16 years of age with a ratio of 1 adult to 4 children”
- Arizona Revised Statutes 12-821.01, checked 2026-11-09. “a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases”
- City of Tempe, Pools, checked 2026-11-09. “The City of Tempe is home to four public pools, including the indoor wave pool at Kiwanis Recreation Center and the outdoor pools at Escalante Multi-Generational Center, Clark Park Community Center and McClintock High School.”
- City of Tempe, Water Safety, checked 2026-11-09. “Near drowning is also very tragic and can cause permanent brain damage.”
- City of Tempe, Risk Management, checked 2026-11-08. “claims must be filed with the City Clerk's Office within 180 days after the cause of action accrues”
- City of Tempe, Risk Management, checked 2026-11-08. “City of Tempe City Clerk's Office 31 E. 5th Street, 2nd Floor Tempe, AZ 85281”
- Arizona Revised Statutes 12-821.01, checked 2026-11-09. “The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount.”
- City of Tempe, Pools, checked 2026-11-09. “there is a maximum weight capacity of 250 lbs. and a minimum height requirement of 48 inches to use the slide.”
- A.R.S. 36-1681, checked 2026-11-09. “Be entirely enclosed by at least a five foot wall, fence or other barrier”
- A.R.S. 36-1681, checked 2026-11-09. “Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground”
- A.R.S. 36-1681, checked 2026-11-09. “A residence in which all residents are at least six years of age.”
- A.R.S. 36-1681, checked 2026-11-09. “Public or semi-public swimming pools.”
- A.R.S. 36-1681, checked 2026-11-09. “Political subdivisions which adopt ordinances after the effective date of this article provided that the ordinance is equal to or more stringent than the provisions of this article.”
- City of Tempe, Renting in Tempe, checked 2026-11-09. “Pools must be fenced off from the public”
- A.R.S. 36-1681, checked 2026-11-09. “shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership”
- A.R.S. 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues”
- Maricopa County, Aquatic Health and Safety, checked 2026-11-09. “Operating permits are required for public and semi-public pools”
- Maricopa County Environmental Services, checked 2026-11-09. “Swimming Pool Inspection Tool”
- A.R.S. 33-1551, checked 2026-11-09. “does not limit the liability that otherwise exists for maintaining an attractive nuisance”
- City of Tempe, Water Safety, checked 2026-11-09. “And it only takes two inches of water for a child to drown.”
- A.R.S. 12-502, checked 2026-11-09. “the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
- CPSC 2026 Pool or Spa Submersion report, checked 2026-11-09. “There were, on average, an estimated 5,900 pool- or spa-related, hospital emergency department (ED)-treated, nonfatal drowning injuries each year for 2023 through 2025”
- CPSC 2026 Pool or Spa Submersion report, checked 2026-11-09. “an annual average of 71 percent of the ED-treated nonfatal drowning injuries”
- CDC, checked 2026-11-09. “More children ages 1–4 die from drowning than any other cause of death.”
- CDC, checked 2026-11-09. “Nonfatal drowning has a range of outcomes or results, from no injuries to very serious injuries such as brain damage or permanent disability.”
- A.R.S. 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues”
- 15 U.S.C. 8003, checked 2026-11-09. “each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards”
- 15 U.S.C. 8003, checked 2026-11-09. “each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped”