Summer is a time for relaxation, fun, and making memories by the pool. Families gather to enjoy the warm weather, kids splash around, and everyone expects a carefree day of laughter. But in an instant, that fun can take a serious turn. A slip on a wet surface, an unsupervised moment, or faulty pool equipment can lead to a devastating accident. When an enjoyable day turns into a medical emergency, it’s crucial to take the right steps. Consulting with an attorney can ensure you get justice. A swimming pool accident lawyer provides the expertise to hold negligent parties accountable and help you recover from the incident.
Types of Swimming Pool Accidents
In New York City, there are 91 public swimming pools spread across the five boroughs. The city also boasts some 15,000 private pools, including those in residential towers and homeowners’ backyards. While these pools are a great way to cool off during soaring summer temperatures, they also pose a risk for accidents and injuries.
Common injuries at or near swimming pools include:
- Slips and falls on wet surfaces, leading to fractures, sprains, or head injuries.
- Drowning, especially involving young children or unsupervised swimmers.
- Electrical injuries from faulty pool equipment, such as lights and pumps.
- Cuts and abrasions from sharp pool edges or broken tiles.
- Chemical burns from improper pool maintenance of chemical imbalances.
- Diving injuries, including spinal cord damage or concussions.
Some of these accidents happen despite proper precautions, such as a swimmer misjudging their depth or a child slipping while running. However, many pool-related injuries result from negligence. Negligence refers to the failure to take reasonable care to prevent harm or maintain a safe environment. This could include poor maintenance, inadequate supervision, failure to repair hazards, or unsafe conditions like faulty equipment or improperly secured areas. In these cases, the property owner or responsible party may be held accountable for failing to ensure a safe environment.
Liability in Swimming Pool Accidents
When a pool injury results from negligence, we recommend speaking with a qualified swimming pool accident lawyer, like those at Shaevitz & Shaevitz. An experienced attorney can help determine who may be liable for the injury.
Liability for a swimming pool accident can fall on different parties, depending on the type of pool and circumstances of the accident:
- The city of municipality: At a public pool run by a municipality or the City of New York, the city or local government may be liable if they fail to maintain the pool, provide proper supervision, or enforce safety regulations.
- Property owner: At private pools, such as those in residential towers or homes, the property owner is typically responsible for ensuring a safe environment. This includes maintaining the pool, fixing hazards, and ensuring adequate safety measures like fencing and proper supervision.
- Lifeguards: A lifeguard may be responsible if they fail to perform their duties, such as not providing adequate supervision, failing to respond to emergencies, or neglecting to enforce safety rules.
- Equipment manufacturers: In some instances, faulty or defective pool equipment like diving boards, pool drains, or electrical systems can cause injuries. In these cases, the manufacturer or distributor could be held accountable for providing unsafe products that led to the accident.
The Role of a Swimming Pool Accident Lawyer
If you or someone you love was injured because of a swimming pool accident, it’s important to seek guidance from an experienced attorney who understands the intricacies of personal injury cases in New York.
For example, the statute of limitations (or the time you have to file a personal injury claim) depends on various circumstances. Generally, the statute of limitations is 3 years from the accident date. However, if the accident resulted in death, you have 2 years to file a wrongful death claim. There may be a much shorter timeline if the liable party is a government entity. The specific facts of each case can affect the applicable deadline, so it’s important to consult with a lawyer to determine the exact time limit that applies.
Additionally, your attorney will guide you through the legal process to make sure your rights are protected. They’ll begin by conducting a thorough investigation to determine the cause of the accident, identifying any negligence or unsafe conditions that contributed to the injury. This includes gathering evidence, speaking to witnesses, and consulting experts if needed.
A swimming pool accident lawyer also negotiates settlements with insurance companies or the responsible parties to secure fair compensation for you. If necessary, they can take the case to court to advocate for your interests.
The compensation you might receive can cover medical expenses, lost wages and earning capacity, pain and suffering, and long-term rehabilitation costs resulting from the injury. Your attorney will ensure you get the financial support needed for recovery and future care.
Talk to a Swimming Pool Accident Attorney Today
No one plans for a poolside injury, but when accidents happen, it’s important to act quickly to protect your rights and secure the compensation you need for recovery. After the incident, a swimming pool accident lawyer can guide you through the legal process and ensure the responsible parties are held accountable.
At Shaevitz & Shaevitz, we are committed to providing expert legal representation and personalized support for accident victims. Contact us today to schedule your free case consultation and take the first step toward getting the justice you deserve.