Yea but a pool and a tub of water are different things, and a good lawyer would easily get that case thrown out.
That's like me washing my car with a bucket of water and I go inside to take a break or use the bathroom and a kid comes by and falls in headfirst in the 5 gallon bucket of water that I was washing my car with and drowns. A pool is something different because it's a huge body of water.