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Swimming Pool Accident Lawyer in New York City

Swimming Pool Accident Lawyer in New York City

Nothing beats diving into a crystal-clear swimming pool on a hot summer day. Unfortunately, a backyard oasis can become a nightmare in the blink of an eye. It only takes seconds for a victim to drown, and even if they can be resuscitated, they may end up with injuries that affect them for life.

If you or someone you care about has been injured in or around a swimming pool, Ross & Hill can help. Reach out to our swimming pool accident lawyers in New York today.

Swimming Pool Accidents Are Sadly Common in New York

From 2020 to 2022, more than 4,500 people perished in drowning accidents — that’s 500 more drowning victims compared to 2019’s numbers. About 10 people drown every day in the U.S., and drowning is the leading cause of death for children aged one to four.

From 2018 to 2021, there were about 0.74 drowning deaths per 100,000 people in New York. In 2021, that works out to approximately 151 drownings.

Tragic stories of drowning accidents are on the rise throughout New York State. In July 2024, a seven-year-old boy perished after drowning in his family’s pool. And in April 2024, a five-year-old girl was found unresponsive after nearly drowning at a Queensbury, NY, water park.

Pool Accidents Can Leave Victims With Lasting Injuries

Fatal drowning isn’t the only thing swimmers have to worry about. Even if a drowning victim is revived, they can suffer irreversible brain damage, making it impossible to ever enjoy a normal life again. Other swimming pool injuries include:

  • Broken bones
  • Spinal cord injuries
  • Dislocated shoulders
  • Sprains and strains
  • Severe lacerations

If you’ve suffered such injuries, call a swimming pool accident lawyer from Ross & Hill.

What Causes Swimming Pool Accidents?

Swimming pool accidents can have many causes, including:

  • A lack of supervision: Public swimming pools are required to have lifeguards to watch over guests. If a victim drowns because of a lack of lifeguards, you can hold the facility liable.
  • A lack of fencing and locking gates: Children are naturally attracted to swimming pools, which is why proper fencing and locking gates are a must.
  • A lack of stairs and/or ladders in the pool: Swimming pools should provide swimmers with ample opportunities to enter and exit.
  • A lack of warning signs: Swimming facilities should place signs around the perimeter of the pool warning guests where deep water is present. Facilities should also place signs near shallow water warning swimmers not to dive in the area.
  • Defective pool drains: If pool drains are damaged or defective, a swimmer’s leg can become caught in the drain, causing injuries and possible drowning.
  • Slip-and-fall accidents: The area around a swimming pool is perpetually wet, so non-slip flooring is required to prevent slip-and-fall accidents.
  • Chemical injury: Pool water contains chlorine, which kills bacteria but can also be harmful to swimmers at excessive levels. Excessive chlorine can cause lung and skin injuries, especially in small children.

When Can You Sue for Injury Compensation Due to a Pool Accident?

In New York, swimming pool accidents fall under premises liability. This legal doctrine states that property owners are responsible for ensuring that their properties are safe for guests, and that includes the swimming pool.

You can bring a claim against a pool owner if your injuries were caused by their negligence. Here are some examples:

  • A neighbor installed a new swimming pool but neglected to put up a fence. A neighborhood child wandered into the neighbor’s yard and fell in the pool.
  • A water park owner failed to install a lifeguard around its pool. A park guest, who was not a good swimmer, drowned in the pool. They may have survived had a lifeguard been present.
  • A public pool owner used too much chlorine in the pool. A swimmer developed serious lung irritation and burns to their eyes.

How To Win Swimming Pool Negligence Claims

To win your swimming pool lawsuit, you will first need to retain a swimming pool accident lawyer. Your lawyer will look for evidence that proves the pool owner acted negligently. Such evidence might include a lack of warning signs, inadequate supervision, poor lighting, slippery floors, and video surveillance of the accident.

Your attorney will also have to establish the elements of negligence. These include:

  • The pool owner had a duty of care to the victim. This means they were required to keep the pool area safe for guests.
  • The pool owner knew about, or should have known about, a hazard that could cause an accident. However, the pool owner did nothing to remedy the safety violations. This is called a “breach of duty.”
  • Because of the pool owner’s breach of duty, the victim suffered an accident.
  • The victim incurred damages that the court can compensate them for.

Compensation for Drowning Incidents and Other Pool Accidents

Compensation for Drowning Incidents and Other Pool Accidents

In a swimming pool accident claim, you may be able to recover both economic and non-economic damages. Economic damages have a monetary value. They include things such as medical bills and lost income if you need to take time off work to recover from the pool accident.

Non-economic damages include things such as pain and suffering, mental anguish, and loss of enjoyment of life. If your loved one died in a pool accident, you can also sue for loss of companionship, loss of consortium, and loss of household services.

Preventing Pool Accidents

Swimming pool accidents are preventable. Follow these tips for a safe swim:

  • Provide swimming lessons for children.
  • Don’t leave pool gates unlocked.
  • Never allow children to swim alone.
  • Keep emergency rescue equipment close to the pool.
  • Don’t drink alcohol before swimming.
  • Learn lifesaving techniques, such as CPR.

Contact a New York Swimming Pool Accident Lawyer for Legal Representation

If you’ve been hurt in a swimming pool accident, the team at Ross & Hill is standing by to help with your premises liability claim. Reach out to us at (718) 855-2324 for a free consultation with a swimming pool accident lawyer.

Frequently Asked Questions

Below, a drowning accident lawyer answers more questions about swimming pool accidents in New York.

Why Are Swimming Pool Accidents Increasing?

One of the main reasons swimming pool accidents are on the rise is a lack of access to affordable swimming lessons. Inadequate supervision is another major cause of swimming pool accidents. Additionally, accidents often occur when a pool area is not gated or otherwise secure from access by children.

What Happens If Someone Dies in Your Pool?

If someone dies in your pool, your homeowners insurance will usually cover related damages. If you’re not sure whether your policy covers swimming accidents, contact your homeowners insurance company to find out.

How Do You Help When Someone Is Drowning?

If you spot someone drowning, call for a lifeguard right away. If no lifeguard is nearby and the person is close to the edge of the pool, you can try to pull them out of the water. However, if the person is not close to the edge, do not dive in after them — a drowning person is likely to grab onto you for support, putting you at risk of drowning yourself.

Once the person is out of the water, check to see if they are conscious. If not, begin CPR.

How Much Is Compensation for a Swimming Pool Accident?

The value of compensation for a swimming pool accident depends on the specifics of your case. Generally, if the victim died in a swimming pool accident, compensation will be greater than it would be if they sustained minor injuries. Call a swimming pool accident lawyer to find out the estimated value of your claim.

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