Swimming is a favorite pastime at New York public pools, resorts, hotels, athletic clubs, water parks and private homes. It can also be very dangerous. Because of the risks involved, property owners are required to adhere to specific guidelines regarding the safety of all swimmers, including providing fences and gates, pool coverings and supervision.
If you have been seriously injured in any kind of swimming pool accident, you may have the right to seek compensation from the property owner or other responsible parties.
The Long Island swimming pool accident lawyers at the Law Office of Cohen & Jaffe, LLP provide skillful representation to victims who have suffered any kind of injury in a public or private swimming pool, spa, whirlpool or sauna. We have extensive experience with these types of cases, and we work tirelessly to see that you receive the compensation you need to make the most complete recovery possible.
Types of Accidents and Injuries Involving Pools
Swimming is good exercise and fun for people of all ages, particularly in the hot summer months. Like any other sport, it does carry risks, and a variety of accidents can happen in and around swimming pools, including:
- Drowning – The Centers for Disease Control and Prevention (CDC) reports that an estimated 10 people a day die from unintentional drowning, and 2 of those are children 14 years old or younger. The highest drowning rates are among children ages 1 to 4, and most drowning incidents in this age group occur in home swimming pools, according to the CDC. The importance of securing pools with adequate fencing and other protective measures cannot be overstated.
- Near-drowning – For every child who dies from drowning, another 5 are treated in emergency rooms for non-fatal submersion injuries, as reported by the CDC. Oxygen deprivation from a near-drowning experience can cause brain damage and permanent disability.
- Slip-and-fall accidents – When no non-slip surface is provided around the pool area, wet surfaces may become slippery and cause slip-and-fall accidents. Serious injuries, including traumatic brain injury, spinal cord injury and fractures, can result from poolside slips-and-falls.
- Drain injuries – When a swimming pool drain is not properly covered, the suction it creates can trap swimmers underwater and damage soft tissue and internal organs, particularly in young children.
- Diving accidents – Divers can suffer traumatic brain injury and other serious injuries when they hit their heads while diving. In some cases, this type of accident is caused by defective diving boards.
Who can be Held Liable for Swimming Pool Accidents?
Both the City of New York and the New York State Uniform Code have certain requirements and safety guidelines for swimming pools. When the negligence of property owners allows dangerous conditions to exist in and around pools and people are injured as a result, property owners may be responsible for those injuries.
Whether the accident occurred in a pool that was privately owned, commercially owned, or owned by a government entity, a thorough investigation is important to determine exactly how it happened. If you or your loved one has been injured in a pool accident, in order to have a claim for damages, you must usually establish that:
- You were on the premises lawfully. Generally, if someone is trespassing on another’s property, the owner if not liable for injuries caused by hazardous conditions on the property. There are two exceptions to that rule:
- If someone was trespassing but the property owner knew about it and allowed it, the owner may still be liable for injuries.
- If a condition of the property – such as an unfenced pool – made it attractive to children, the owner may be liable even if the child was trespassing without the owner’s knowledge. This is referred to as an “attractive nuisance.”
- An unsafe condition existed on the property that the owner knew or should have known about, and the owner failed to repair it or give adequate warning.
- Your injuries were caused by the owner’s negligence.
Depending on the circumstances of your case, the party liable for your pool accident injuries could be a homeowner, a renter, a landlord, a property manager, a business, a government entity or another party. Liability falls on the parties who were responsible for keeping the pool area safe but failed to do so.
Some pool accidents are caused by defective pool parts and equipment, such as dangerous drains or filters or defective diving boards. In such cases, the manufacturer of the defective component or equipment may be responsible for your injuries.
Pool Injury on Long Island? Here’s how Our Lawyers can Help
At Law Office of Cohen & Jaffe, LLP, our attorneys are prepared to represent victims of any type of swimming pool accident, including those that involve defective diving boards or other equipment, lack of pool supervision, inadequate fencing or covering, and pool drain injuries. No matter what type of claim you may have, you can rely on our firm to provide the representation you need.
We have experience handling cases involving all types of injuries, including the following:
- Brain damage due to lack of oxygen.
- Broken bones.
- Head injuries.
- Locker room assaults.
We are committed to helping injured victims of swimming pool accidents on Long Island and in the New York metro area. Our knowledgeable personal injury lawyers offer a free consultation, including home and hospital visits. Contact us today.
- CDC: Unintentional Drowning: Get the Facts
- New York State: Current Requirements for Swimming Pools Contained in the Uniform Fire Prevention and Building Code
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900