Swimming pool accident in San Antonio: fence rules, Metro Health and city pools
In San Antonio, who is responsible depends on whether the pool is at a private home or at a hotel or apartment complex. The city requires a barrier at least 48 inches high around home pools deeper than 24 inches. Metro Health inspects hotel and apartment pools, not private home pools. Report a violation at 311. A suit over a San Antonio pool injury generally must be filed within 2 years.
Last checked November 9, 2026 · Official sources (30)
How common are child drownings in Bexar County?
The state counted 8 child drownings in Bexar County in 2025. Seven were in pools: two at apartments, one in a community pool and four in backyard pools. One was in a bathtub. In 2024 the count was 5, with three in pools, one in a bucket and one in a bathtub.
Nationally, drowning is the leading cause of death for children 1 to 4, and about 5,900 children under 15 go to the ER each year after a pool or spa submersion.
Who is responsible for a pool where someone was hurt in San Antonio?
| Type of pool | Who regulates it | What to know |
|---|---|---|
| Private home pool | City building rules. Exempt from Metro Health licensing. | 48-inch barrier, self-closing and self-latching gates |
| Hotel or apartment pool | Metro Health inspects commercial pools | Public pools need a license, with inspections yearly and after complaints |
| City park pool | City Parks and Recreation | Children 10 and under need an adult 18 or older watching at all times |
| Apartment or HOA pool | State pool-enclosure law | At least 48 inches high, self-closing and self-latching |
Under the Texas chapter, a tenant, member or other person may sue when a covered owner fails to comply. The chapter covers multiunit rentals and property owners associations, so it can reach a pool at a San Antonio apartment complex.
What if the pool belongs to the City of San Antonio?
City pools follow their own rules. Floaties aren't allowed. Only Coast Guard approved life jackets can be used. Recreational facilities count as a governmental function. The city's liability limit is $250,000 per person and $500,000 per occurrence.
Claims start at the City Clerk, and the city charter wants written notice within 90 days. The notice has to say when, where and how the injury happened. Don't wait for the 6-month state deadline.
Can a child hurt in a neighbor's pool in San Antonio still have a claim?
Possibly. Texas can hold an owner liable for a highly dangerous artificial condition that a child can't appreciate. A missing fence, a broken gate latch or an open gate is where those cases start.
A child's deadline to sue is paused until 18, but the 6-month notice to a government isn't. Texas also bars recovery above 50 percent at fault.
Do drain covers and lifeguard records matter in a San Antonio pool case?
Yes, for public pools. Federal law requires drain covers that meet the entrapment standard, and single main drains in public pools need added protection. Texas rules keep public-pool lifeguard records for three years.
What should you do after a pool accident in San Antonio?
- Call 911 and get care. For a child, University Hospital in San Antonio has a Level I pediatric trauma center.
- Photograph the fence, the gate, the latch, the drain and the depth markers before anyone changes them.
- Ask for the pool's license and last inspection from Metro Health.
- Report the problem to 311.
- Save texts and emails with the landlord, HOA or manager about the pool.
Questions
Does my landlord have to fence an apartment pool?
If it's a multiunit rental, the state chapter sets a 48-inch enclosure with self-latching gates.
How long do I have to sue?
Generally 2 years. A city pool claim needs notice within 90 days.
Is my own homeowner policy involved?
It may pay medical bills for a guest. For a claim against you, your insurer defends it. Ask your agent about pool coverage today.
Swimming pool accident in San Antonio? See if you are owed money.
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See if I’m owed moneySources (30)
- City of San Antonio Development Services Department, checked 2026-11-09. “Private swimming pools, hot tubs, or spas that are more than 24 inches deep require a fence (or barrier) at least 48 inches high. The gates and doors need to be self-closing and self-latching.”
- City of San Antonio Development Services Department, checked 2026-11-09. “The Metropolitan Health District inspects commercial pools, such as those in hotels and apartment complexes.”
- San Antonio Metropolitan Health District, checked 2026-11-09. “NOTE: All private residential pools and hot tubs/Jacuzzis/spas in the City are exempt.”
- City of San Antonio Development Services Department, checked 2026-11-09. “To report a violation: call 3-1-1 or 210-207-6000 (7 a.m. - 7 p.m.)”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
- Tex. Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
- Texas DFPS, Child Drownings 2025, checked 2026-11-09. “Bexar 8 1 F Pool (Apartment) 16 M Pool (Community) 1 F Pool (Backyard) 3 F Pool (Backyard) 3 M Pool (Apartment) 3 F Pool (Backyard) 2 M Pool (Backyard) 9 Months F Bathtub”
- Texas DFPS, Child Drownings 2024, checked 2026-11-09. “Bexar 5 3 M Pool (Backyard) 2 M Pool (Backyard) 2 M Pool (Apartment) 1 M Bucket 6 months M Bathtub”
- CDC, checked 2026-11-09. “More children ages 1–4 die from drowning than any other cause of death.”
- 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”
- San Antonio Metropolitan Health District, checked 2026-11-09. “Any public pool or spa located in the City limits of San Antonio must have a pool license. Pools inspections are done annually and by complaint basis.”
- City of San Antonio Parks and Recreation, checked 2026-11-09. “Children ages 10 and under must be accompanied and directly supervised by an adult 18 years of age or older at all times.”
- Tex. Health & Safety Code 757.002, checked 2026-11-09. “a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association”
- Tex. Health & Safety Code 757.003, checked 2026-11-09. “The height of the pool yard enclosure must be at least 48 inches as measured from the ground on the side away from the pool.”
- Tex. Health & Safety Code 757.004, checked 2026-11-09. “have a self-closing and self-latching device”
- Tex. Health & Safety Code 757.012, checked 2026-11-09. “may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter”
- City of San Antonio Parks and Recreation, checked 2026-11-09. “Floaties are not allowed. Only Coast Guard approved life jackets can be used.”
- Tex. Civ. Prac. & Rem. Code 101.0215, checked 2026-11-09. “recreational facilities, including but not limited to swimming pools, beaches, and marinas”
- Tex. Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death”
- City of San Antonio, Office of Risk Management FAQs, checked 2026-11-08. “All claims against the City must originate from the City Clerk”
- San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “stating in such written notice when, where and how the death, injury or destruction occurred”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- Tex. Civ. Prac. & Rem. Code 75.007, checked 2026-11-09. “may be liable for injury to a child caused by a highly dangerous artificial condition on the land”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- 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”
- 25 Tex. Admin. Code 265.191, checked 2026-11-09. “The following records pertaining to lifeguards must be kept three years”
- University Health, Trauma Care, checked 2026-11-08. “verified by the American College of Surgeons as both a Level I trauma center and a Level I pediatric trauma center”