With summertime nearly here, that means that the weather will heat up and everyone will be trying to find a way to keep cool. One of the most popular summer pastimes is spending time at the pool, which unfortunately means that personal injury law firms see an uptick in swimming pool accidents in New York.
Being careless while around a swimming pool can result in an injury. Sometimes those injuries can be quite severe or even fatal. To reduce the chances of swimming pool accidents, you should exercise caution and follow safety rules.
While we will give you an overview of everything you need to know about a New York swimming pool accident, if you've suffered an injury and need legal help, the NY personal injury attorneys at Brandon J. Broderick are here for you. We've provided accident victims with legal representation and helped them secure the compensation they need to cover their losses and move on. Call us today to schedule a consultation.
Summertime Swimming Pool Accidents
During the summer, everyone looks forward to some leisurely time in the pool. A day of fun, however, could quickly turn bad. Injuries at swimming pools happen often in the US. According to the Centers for Disease Control (CDC), about 3,500 people lose their lives to drowning each year. The main causes of these mishaps include falls, slips, and diving improperly.
Accidents in swimming pools can happen in public or private homes. And usually, they occur when property owners don't take the appropriate safety precautions that are required by law. Depending on the number of swimmers, the law specifies that a minimum number of lifeguards be present at a public pool. To maintain safety, property owners must take the required safety precautions and adhere to state requirements.
Top Causes of Accidents at Swimming Pools In New York
No Supervision
Accidents at swimming pools are frequently caused by a lack of supervision, particularly when there are small children swimming. The likelihood of an accident occurring increases when a lifeguard lacks the necessary training or is not on duty.
Intoxication
According to statistics from the CDC, alcohol is a factor in around 70% of fatal drownings. When you're drunk, your coordination and judgment are both compromised.
Faulty Equipment
The equipment in the pool must always be in working order. Defective equipment can result in fatal accidents or serious injury. All swimming pools are required by law to have anti-entrapment devices to guard against swimmers getting their clothing or limbs caught in the drain.
Property Hazards
Any time pools are damaged, accidents are more likely to happen. A tripping hazard caused by damaged floors can cause slips and falls. Young swimmers can potentially be in serious risk in a swimming pool that is not marked or that is not behind a gate.
How to Avoid a Swimming Pool Accident
While children are in the pool playing, adults may become preoccupied and not paying attention. All it takes is a short moment of turning your back and an accident can happen. There are some steps you can take to avoid getting hurt.
- Ensure that your swimming pool's drains have covers over them to prevent a piece of clothing getting caught, resulting in a drowning. Additionally, make sure your visitors are aware of their locations so all guests can steer clear of the drains.
- Your swimming pool should have a fence around it, along with an alarm to ensure you are aware that the gates are open. When there are no activities taking place at the pool, unintentional drownings can occur. A curious child may approach the water, fall in, and drown if no one is around.
- Post signage indicating the depth of the pool. Putting up signs saying "no diving allowed" in the shallow side can be extremely helpful.
- CPR certification will provide you with some knowledge of what to do in the event of an accident.
- Never leave a young child unattended near a pool.
Who is Liable When An Accident Happens at a Swimming Pool in NY?
Premises Liability
According to premises liability law, a property owner is responsible for any injuries that result from a hazardous or dangerous issue on the property that the owner knew about or should have known about. To protect anyone on their property, the owner is required to take appropriate safety precautions. They are responsible for:
- If there is no fence
- If there are no warning signs
- Lack of supervision
- Lack of upkeep
- Negligence
Failure to act in a manner that a reasonable person would would be considered negligence. There may also be other parties liable if their carelessness results in an accident or drowning. For a lifeguard's negligence, an employer could be held accountable. For improperly placed equipment, equipment installers are responsible. Laws for residential swimming pool builders must be followed or the builders could be held responsible. The use of fences may be included. If the owner of the property doesn't do this, strict liability or negligence claims may be brought against them.
Product Liability
A swimming pool parts manufacturer or seller could potentially be held liable for a defective product and liable for any accidents or fatalities caused because of it.
New York Personal Injury Attorneys at Brandon J. Broderick Are Available Now
We can assist if you're coping with a serious injury or fatal swimming pool accident in New York. Our skilled personal injury lawyers are committed to helping you get through a bad situation and get justice.
Please get in touch with us for a free consultation. Once they make that initial call, many of our clients feel relieved.