- posted: Jul. 27, 2023
- Personal Injury
During the summertime, using a public or private pool seems like a great way to cool off. However, accidents in or around swimming pools do occur, can be devastating, and often result in serious injuries or even death. Lawsuits related to swimming pool accidents are not uncommon, and the state of New York has specific laws and regulations that govern such cases.
Swimming pool accidents can lead to a multitude of injuries depending on the nature of the accident. Most severely, drowning is a serious and fatal consequence of a swimming pool accident. When a person is submerged in water for an extended period, their lungs begin to fill with water. Near-drowning accidents can lead to potential brain damage and further complications. This damage can include oxygen deprivation, lung infections, and respiratory complications. Slip and fall accidents are also common swimming pool incidents due to wet surfaces around the pool, such as a deck or changing area. This can result in fractures and soft-tissue injuries such as sprains, strains, or contusions. Diving accidents are also prevalent around pools due to the lack of proper signage of depth. Diving accidents are especially serious as they can lead to neck and spine injuries as well as head injuries, including traumatic brain injuries and, in some cases, even paralysis.
In New York, it is the responsibility of the property owner to ensure the safety of all their guests or visitors, including those utilizing their swimming pool. This implies that if someone is injured in a swimming pool on someone’s property, then the property owner may be held liable for their injuries. However, there are certain conditions that must be met for a lawsuit to be successful.
First, it must be explicitly shown that the property owner had a duty of care to guarantee the safety of their visitors and that they broke that obligation by failing to employ reasonable precautions to avoid any injuries or accidents. Then, it must be demonstrated that the breach of duty of care was the direct cause of the accident and consequent injuries. This can often be difficult to prove, as it may be argued that the injured party was either partially or wholly responsible for the accident. If the lawsuit is successful, the injured party may be entitled to compensation for various damages, such as lost wages, medical expenses, and pain and suffering. It is imperative to note, however, that New York does have a statute of limitations, which is a time limit for filing a lawsuit within the state. Typically, the injured party has three years from the date of the accident to file a claim.
In order to increase the chances of success in a swimming pool accident lawsuit, it is important to engage with an experienced personal injury attorney who is familiar with the laws and regulations of New York. They can assist the injured party in navigating the legal procedure, gathering evidence, as well as negotiate with insurance companies to ensure that the injured party receives the compensation they deserve.
To summarize, swimming pool accidents can have devastating and life-altering consequences and can result in legal action. Property owners in New York are responsible for guaranteeing the safety of all their guests, and those who fail to satisfy their duty of care may be held liable for injuries sustained in swimming pool accidents. If you or a loved one has been hurt in a swimming pool accident, you should obtain legal counsel as soon as possible. Please call us at (516) 227-2662 today.