Who is Responsible for a Pool Accident in New York?

Reviewed by Jay S. Hausman, Esq.

The weather is warming up, and pools will begin to open soon. Many of us will begin digging our bathing suits out of our closets. While this is an exciting time, it is important to be aware of the dangers when it comes to swimming pools. Read on to learn more about swimming pool accidents in New York.

What are Common Forms of Pool Owner Negligence?

In New York, property owners have a legal obligation to keep their properties safe. If a pool owner does not keep the property safe, serious accidents can occur.

Swimming pool negligence can arise in a number of ways, including structural defects, lack of adequate supervision, and failure to secure the premises. Unfortunately, this negligence can result in long-term physical, emotional, and financial impacts on the victim. Some of the most common forms of negligence include:

• Failing to install all the necessary fences and barriers in the pool area, as required under § 303 of the Property Maintenance Code of New York State
• Neglecting to use wet floor signs
• Failing to ensure their pool is clean and free of bacteria
• Leaving children unattended
• Failing to stow away all portable ladders when the pool is not in use
• Allowing people to swim under the influence
• Failing to warn parties that their pool does not have a safe diving area

If your accident was caused by pool owner negligence, you will likely be entitled to recover compensation.

How Do Swimming Pool Accidents Occur in New York?

In New York, swimming pool accidents happen more often than people realize. This can turn a fun day into a tragedy. As such, regardless of how old or experienced a swimmer is, the negligence of a property owner can result in severe, and often life-threatening, circumstances. Understanding how these accidents happen can help swimmers remain alert and, in the event of an injury, help establish a liability claim.

Major Categories of Swimming Pool Hazards and Injuries

• Drowning and Near-Drowning: Unfortunately, drowning and near-drowning are one of the most devastating pool accidents. This occurs when parents, guardians, or lifeguards fail to adequately supervise children, swimmers do not possess the necessary skills, or suffer from exhaustion while swimming. Remaining underwater for an extended period of time can lead to suffocation or long-term brain damage in the event of a near-drowning accident.
• Drain and Filter Entrapment: In order to keep the water clean, swimming pools often utilize drains and filters. However, these can result in a suction that could trap a swimmer’s hair or bathing suit, ultimately keeping them entangled underwater.
• Toxic Pool Chemicals: Additionally, pool chemicals are used to keep water clean and eliminate harmful bacteria. However, if these chemicals are not properly used, meaning they are not mixed adequately or diluted, or if swimmers inhale highly concentrated chemical vapors, they can sustain severe respiratory damage or chemical burns.
• Electrical Currents and Shock: If a property owner does not adequately install or fails to maintain underwater lighting and electrical filtration systems, electric currents may transfer to the water, resulting in catastrophic electric shocks that can result in a wrongful death.
• Diving Board and Shallow Water Injuries: Diving into the shallow end or a pool without an adequate deep end can cause a swimmer to strike the bottom, leading to traumatic brain injuries, broken bones, or permanent paralysis. Property owners should display clear “no diving” signs to prevent these catastrophes.
• Slip and Fall Incidents: Walkways, decks, and common areas surrounding a pool quickly become slick as people jump in and out of the water. Failing to treat these surfaces or mark them can cause devastating slip and fall injuries on wet concrete or tile.

How Can I Recover Compensation?

In order to recover the compensation you deserve, you will have to provide proof that this negligence occurred. Essentially, you must meet the legal burden of proof to show that the property owner acted in a negligent manner, ultimately resulting in your injuries. In order to do this, you should take the following steps:

• Call 911: The police can send an ambulance to the scene, file an accident report, and more. By obtaining a formal police report, you can ensure you have formal documentation of the accident, which serves as critical evidence for a future legal claim.
• Document the scene: It is important to take pictures and videos at the scene of the accident. If possible, document the hazardous conditions that caused your accident to occur before the property owner can remedy the hazardous condition.
• Obtain witness contacts: If anyone saw your accident occur, they may be able to corroborate your version of events. Gathering contact information right away ensures witness statements can be preserved to benefit your future claim.
• Seek medical attention: You should go to the hospital, your doctor, or an urgent care facility immediately. This will provide you with proof of the origin and extent of your injuries, which can play a large role in a personal injury case. Ask your doctor for a copy of any relevant medical documents pointing directly to the severity and origin of your injuries.
• Contact an experienced attorney: A personal injury attorney can help you gather further evidence, including video surveillance or photographic evidence of the accident as it happened.

What Recoverable Damages Can I Seek?

It’s important to understand that you are generally eligible to recover compensation for both economic and non-economic damages following a pool-related accident. As such, you are generally eligible to pursue compensation for:

• Medical bills, including hospital stays, surgeries, follow-up appointments, and medication
• Rehabilitation or physical therapy
• Property damage
• Long-term care
• Emotional distress
• Loss of enjoyment of life
• Permanent disability
• Anxiety
• Depression

If you or a loved one has been injured in a pool accident, reach out to our experienced personal injury firm. We will advocate for you every step of the way.

Understanding the New York Statute of Limitations for Pool Accident Claims

In accordance with New York State law, you only have a limited amount of time to pursue a personal injury claim. This is because, like all states, New York imposes a statute of limitations that places a timeframe on how much time an injured victim has to pursue legal action against the negligent party.

Failure to pursue legal action within the statute of limitations can result in a permanent bar on your ability to seek compensation.

Filing Deadlines for NY Premises Liability Lawsuits

• Three-Year Window: Those injured in swimming pool accidents will have three years from the date on which the accident occurred to pursue compensation for the damages they have suffered.
• Two-Year Window for Wrongful Death: In the event the swimming pool accident results in death, the executor or personal representative of the deceased will only have two years to pursue legal action.
• Vanishing Evidence: Do not wait to get the ball rolling; vital proof like witness memories, pool maintenance logs, and surveillance footage can quickly disappear or be erased over time.
• Consequences of Delay: Failure to file a claim within the strict statute of limitations will likely result in being barred from recovering compensation for damages, regardless of negligence or injuries.

Contact Our Experienced Westchester County Firm

At the Hausman Law Group, we understand how difficult these matters can be to navigate, which is why we are committed to helping guide you through this process so you can fight for the justice and compensation you deserve. If you have suffered injuries while at a swimming pool in the Lower Hudson Valley Region, it’s in your best interest to connect with our firm to learn how we can represent you. Contact us today to learn more.