Who’s Liable for a Swimming Pool Accident? - The Dearie Law Firm, P.C. (2024)

In the summertime, many people enjoy spending time at the pool. While a day at the pool can be relaxing and fun, various hazards can arise if proper safety precautions are not taken. According to statistics released by theCDC, about ten people each day pass away as a result of downing. Tragically, two out of ten are children under the age of 14.

Even if a swimming pool accident does not result in fatality, oxygen deprivation can cause severe injuries such as brain damage, memory loss, and permanent disability. If you were injured or lost a loved one in a pool accident, you might be wondering who should be held accountable. In many cases, liability falls on a pool owner — but there can also be other parties who may be held liable for negligence, depending on the facts and circ*mstances of the incident.

Common Causes of Swimming Pool Accidents

Swimming pool accidents can occur due to a wide variety of conditions and factors. Drowning can be caused by inattentiveness or lack of supervision. Falls can be caused by slippery deck areas, and entrapment can occur if a pool drain malfunctions. Swimmers may also be at risk for electrocution if wiring is faulty in underwater lights or equipment such as pumps and filters.

Other common causes of pool accidents may include:

  • Failure to supervise
  • Poorly maintained equipment
  • Intoxication
  • Poorly constructed deck
  • Debris in the area surrounding the pool
  • Lack of proper barriers
  • Poor lighting
  • Improper depth markers

Another way in which a person can be harmed by a pool is if the owner does not ensure it is properly cleaned. Swimmers can contract various bacterial illnesses, viral diseases, and other infections through unclean pool water if it is not treated with the appropriate chemicals.

Liability for Swimming Pool Accidents

Many swimming pool accidents apply the rule of premises liability. A private pool owner, or a public entity that exercises control over the pool, must make necessary repairs if they know or should have known about a dangerous condition that could cause injury to another. An owner may be held liable for negligence if they failed to keep it free from dangers and foreseeable hazards. Significantly, many injuries can be prevented by having proper safety measures in place and ensuring the pool is adequately maintained.

A pool accident case may also fall under the scope of product liability. Critically, manufacturers must ensure their products are safe and free from design flaws and other defects. If an injury arose due to the design of the pool, a faulty diving board, or a malfunctioning suction drain, a lawsuit might be brought against the company that manufactured it.

Economic and non-economic damages may be available to you if you have been injured in a pool accident. By filing a personal injury lawsuit, you may be entitled to recover your unreimbursed medical expenses, out-of-pocket costs, lost wages, and pain and suffering for the mental anguish you experienced in connection with your injuries. Families who have lost loved ones to pool injuries may also be eligible to receive monetary compensation for their economic losses in a wrongful death action.

The Attractive Nuisance Doctrine

An attractive nuisance is considered a condition or structure that children might be drawn to — such as a swimming pool. Under this doctrine, those who own pools are responsible for keeping them safe from children who are too young to understand the hazards associated with them.

Importantly, property owners have a duty to exercise reasonable care and ensure pool areas are properly gated or fenced to prevent children from getting hurt, regardless of whether they are trespassing. They could be held responsible for any injuries that arise as a result of their failure to do so.

Contact a Knowledgeable New York Personal Injury Attorney

If you’ve suffered pool injuries as the result of another’s negligence, a skilled and diligent personal injury attorney can help ensure you receive the maximum compensation you deserve. With over thirty years of experience, The Dearie Law Firm, P.C. offers reliable representation and aggressive advocacy for clients who have been hurt in swimming pool accidents and many other personal injury matters.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County.Contact ustoday for a free consultation.

Who’s Liable for a Swimming Pool Accident? - The Dearie Law Firm, P.C. (2024)

FAQs

Who’s Liable for a Swimming Pool Accident? - The Dearie Law Firm, P.C.? ›

An owner may be held liable for negligence if they failed to keep it free from dangers and foreseeable hazards. Significantly, many injuries can be prevented by having proper safety measures in place and ensuring the pool is adequately maintained. A pool accident case may also fall under the scope of product liability.

Who is responsible for everything that happens in the pool? ›

The pool owner may be held liable, which would entitle the injured person to receive compensation from the owner. The law states that the temporary or permanent owner of the swimming pool may be deemed responsible for the injuries and deaths that occur on the premises.

What kind of liability does one have if he or she owns a pool? ›

A Pool is an Attractive Nuisance

Since children and strangers are tempted to enter your property and use the pool, with or without your permission, you have a higher responsibility for its safety. Owning a swimming pool means an injured party can hold you liable for an injury even if he or she was trespassing.

What is a swimming pool accident? ›

These accidents are mainly due to slips, falls, and improper diving. Swimming pool accidents can occur in public or private pools or even at private residences. Many swimming pool accidents occur when property owners fail to take necessary safety measures as required by the law.

Who is responsible for the safety of swimmers? ›

While swimmers must take some responsibility for their own safety, lifeguards are trained to recognize hazardous conditions, advise swimmers how to stay safe, respond to emergencies, and provide medical care for those in need.

What happens if someone dies in your pool? ›

Liability for unintentional drowning

Homeowners may be liable for drowning accidents if they do not take adequate measures to prevent unauthorized people from gaining access to the pool. In some cases, these “adequate measures” are clearly outlined by local county or municipal codes.

Are pools considered other structures on homeowners insurance? ›

Pools are also covered by the other structures coverage on your homeowners policy, which pays for the repair or replacement of structures that are not attached to your house, such as sheds, fences, and pools.

What is liability insurance all about protecting your pool of? ›

Perhaps the most important coverage for pool owners, liability coverage protects homeowners financially if someone gets injured while using the pool. This coverage helps cover the cost of medical expenses, lost wages, and even legal fees if a lawsuit arises.

Is a pool considered an asset? ›

An inground pool increases your property's value, but an above-ground swimming pool does not increase your property's value or taxes. Above-ground pools are not permanent additions to a property because they can be easily transported to another location.

How common are pool accidents? ›

According to the Centers for Disease Control and Prevention (CDC), about 4,000 people die from unintentional drowning every year. That breaks down to about 11 a day, which shows that serious swimming pool accidents occur often. Of those deaths, about one in five are children 14 years old and younger.

What to do if someone falls in the pool? ›

For the safety of yourself and others, here are the first seven things to do after a swimming pool accident:
  1. Get the injured person out of the water.
  2. Call 911.
  3. Administer basic first aid.
  4. Collect evidence while waiting for help.
  5. Make sure that everyone who was injured (or who might be injured) gets medical attention.

What is an illegal hit in pool? ›

It is a foul to strike, touch or in any way make contact with the cue ball in play or any object balls in play with anything (the body, clothing, chalk, me- mechanical bridge, cue shaft, etc.) except the cue tip (while attached to the cue shaft), which may contact the cue ball in the execution of a legal shot.

When Is a Homeowner Liable for a Swimming ...princelawfirm.nethttps://www.princelawfirm.net ›

In a worst-case scenario, a swimming pool accident can be devastating to you and your family. When the accident was caused by the negligence of the homeowner, y...
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As a pool owner, you need to follow Michigan's safety laws and protect yourself from liability in case another person is injured on your property in a swimm...

Who is responsible for drowning? ›

Individuals. In some cases, individuals, such as private pool owners or boat operators, can be held liable for drowning accidents. This can occur if their negligence, such as failing to supervise swimmers, not providing safety equipment, or operating a boat recklessly, directly contributes to the accident.

Who manages the pool? ›

A Pool or Aquatics Facility Operator is responsible for the entire facility, not just the pool and associated equipment.

What is a pool maintenance person called? ›

A swimming pool service technician is a person who maintains swimming pools, including keeping the water clean and safe by fixing pool equipment such as pumps, motors and water filters.

What does a pool caretaker do? ›

Every single Caretaker In-Floor Cleaning system is custom designed by a Zodiac technician to ensure that the system cleans 99% of your pool, optimizes the performance of your pool equipment, and creates a more efficient circulation within your pool.

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