Published April 28, 2026 · Ohio Court Decisions

A public pool should be one of the safest places in a community. When someone drowns there, families naturally ask whether the city that ran the pool should answer for it. On April 8, 2026, the Supreme Court of Ohio answered that question in one family's case in a way that is hard to hear. We want to explain the decision honestly, and also explain what paths remain.

What happened

The case is Hoskins v. Cleveland, 2026-Ohio-1225. According to the court's opinion, William Johnson drowned in December 2019 while swimming at the Thurgood Marshall Recreation Center, a pool owned and operated by the City of Cleveland. The cause of death was determined to be drowning due to a seizure.

The lifeguard on duty was sitting in a low folding chair on the pool deck instead of the elevated lifeguard chair, which she said was uncomfortable. The executor of Mr. Johnson's estate, Contessa Hoskins, brought wrongful death and survival claims against the city and the lifeguard, among others. The family's aquatics safety witness said the use of the folding chair created a blind spot where the drowning happened.

The trial court refused to dismiss the case against the city, and the Eighth District Court of Appeals agreed that there was a genuine factual dispute for a jury.

The legal question: what is a "physical defect"?

Ohio law generally protects cities, counties, and other political subdivisions from liability for their governmental functions, and running a swimming pool is a governmental function. R.C. 2744.02(A)(1). There are exceptions. The one at issue here makes a political subdivision liable for death caused by the negligence of its employees that occurs on the grounds of, and "is due to physical defects within or on the grounds of," buildings used for governmental functions. R.C. 2744.02(B)(4).

The family argued that the lifeguard's use of the folding chair, and the unused elevated chair that blocked her view, amounted to a physical defect.

What the Supreme Court decided

The court reversed and ordered judgment for the city. Writing for the majority, Justice Deters defined a "physical defect" as "a tangible imperfection that impairs the function of an object." The court held that "a decision is not a tangible imperfection." Nothing was physically wrong with either chair. The elevated chair being firm or uncomfortable did not make it defective, and a blind spot caused by where the lifeguard chose to sit was not a defect in the pool grounds.

Chief Justice Kennedy wrote a concurring opinion. Justice Fischer concurred in the judgment only. Justice Brunner dissented. In her view, a jury could reasonably find that the pool lacked a properly functional lifeguard chair, since one chair was too small for the lifeguard on duty and the other lacked adequate sight lines, and that this could be a physical defect.

Why this decision matters, and why it is hard for families

For families, the practical effect is that the physical defect exception will be read narrowly. Claims that a public facility was unsafe because of how employees chose to use it, rather than because something tangible was broken, will face a steep climb under this decision. Many tragedies at public pools, recreation centers, and schools involve exactly that kind of human decision.

We do not think it serves families to soften that. If a death at a public facility resulted from a staffing or supervision decision rather than a broken railing, a damaged drain cover, or some other tangible flaw, this ruling will be a significant obstacle in a claim against the city itself.

What paths remain

This decision does not end every claim involving a public facility.

Claims against individual employees. Ohio treats public employees differently from the government body itself. An employee is immune unless, among other things, the employee acted "with malicious purpose, in bad faith, or in a wanton or reckless manner." R.C. 2744.03(A)(6)(b). In this case, the court of appeals had found a factual dispute about whether the lifeguard acted recklessly, and the Supreme Court noted that this issue was not before it. Recklessness is a high standard, but it is a path the law leaves open.

True physical defects. The exception still applies when a death is due to a tangible imperfection, such as broken equipment or a dangerous condition built into the property. Careful early inspection, photographs, and maintenance records matter.

Private operators. Some pools, gyms, and recreation programs are run by private companies or nonprofit groups. Those operators generally do not have the same statutory immunity, and ordinary negligence rules may apply. Our page on premises wrongful death explains those claims.

Procedural protections. Public bodies must also follow the rules. As we discussed in our post on Durig v. Youngstown, a city that fails to raise immunity properly and on time can lose the defense.

What families should do

  • Find out who operated the facility. City, school district, private company, or nonprofit: the answer changes the rules.
  • Preserve evidence quickly. Ask for incident reports, staffing records, training files, and any video before it is lost.
  • Mind the deadlines. A wrongful death case generally must be filed within two years after the death. R.C. 2125.02(F)(1). Our deadlines chapter explains more, and our guide on wrongful death and survival claims explains both claims the family may have.
  • Get advice specific to public bodies. Our page on government wrongful death cases describes the immunity rules and exceptions.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.