New York Swimming Pool Accident Lawyer

A day at the pool should be fun and relaxing, but when accidents happen, the consequences can be life-changing. Whether it’s a slip-and-fall, a drowning, or an injury caused by defective equipment, victims deserve justice and fair compensation. Swimming pool accidents can lead to serious injuries or fatalities, often resulting from hazards such as inadequate supervision, slippery surfaces, or defective equipment.

In New York, property owners, pool operators, and other responsible parties have a legal duty under premises liability laws to maintain their properties, including swimming pools, in a reasonably safe condition. This "duty of care" means they must take steps to prevent foreseeable harm to visitors. This can include things like regularly inspecting the pool area for hazards, promptly repairing any defects like cracked tiles or broken ladders, providing adequate warnings of known dangers, and ensuring proper supervision, especially when children are present. When they fail to meet these obligations, injured individuals may be entitled to compensation for medical expenses, lost income, pain and suffering, rehabilitation costs, and other damages.

State and local regulations impose specific safety requirements to reduce risks. For example, 19 NYCRR § 1220.4 mandates that all residential pools be enclosed by a barrier at least four feet high with a self-closing, self-latching gate to prevent unauthorized access. Failure to comply with these standards can contribute to liability in the event of an accident.

Pursuing compensation after a swimming pool accident can be complex and requires a thorough investigation to establish fault. An experienced New York swimming pool accident lawyer can help assess legal options, determine liability, and seek fair compensation through settlement negotiations or litigation if necessary.

What Are the Most Common Causes of Swimming Pool Accidents?

Swimming pool accidents can occur due to unsafe conditions or negligence by pool owners and operators. Below are some of the most common causes:

• Drowning or Near-Drowning Incidents: Lack of proper supervision, faulty pool barriers, or failure to post warning signs may lead to drowning incidents. This is especially true for young children who may not understand the dangers of water or be able to get themselves out of trouble. Furthermore, inadequate supervision can be a critical factor when children are present, as they may not recognize hazards or react appropriately in an emergency situation.
• Slip and Falls: Wet surfaces around the pool can cause slips and falls, resulting in head injuries, fractures, or spinal cord damage. The areas surrounding pools are often made of tile, concrete, or other hard, non-porous materials that become extremely slippery when wet. Spilled pool water, splashing, and general moisture can create hazardous conditions underfoot, especially when combined with running or horseplay.
• Defective Pool Equipment: Malfunctioning drains, pumps, or diving boards can cause serious injuries. New York product liability laws may hold manufacturers, distributors, and even retailers responsible for injuries caused by defective pool equipment.
• Lack of Proper Safety Measures: Private and public pools must follow safety standards, including proper fencing, locked gates, and lifeguard supervision. These measures are designed to prevent unauthorized access to the pool area, particularly by unsupervised children, and to provide immediate assistance in case of emergencies. New York regulations, such as those found in the New York State Sanitary Code (10 NYCRR Subpart 6-1), outline specific safety requirements for public pools, emphasizing the importance of these measures for preventing accidents and ensuring swimmer safety.
• Chemical Exposure: Excessive or insufficient chlorine levels can cause respiratory problems, burns, or poisoning. Improper handling, storage, or automated dispensing of pool chemicals can lead to dangerous imbalances in the water chemistry. Both excessive chlorine and insufficient sanitization can cause health issues, ranging from skin and eye irritation to more severe respiratory distress or infections from bacteria and algae growth.
• Diving Accidents: Shallow water diving can cause head or spinal cord injuries. If there are no warning signs, liability may arise. Attempting to dive into water that is too shallow can cause a diver to strike the bottom with their head or neck, resulting in catastrophic injuries. Pool owners have a responsibility to clearly mark water depths and post "No Diving" signs in shallow areas to warn patrons of the potential dangers; failure to do so can establish negligence. While courts have recognized that diving into a shallow pool presents an obvious danger, if the pool is obviously shallow, warning signs may not be necessary. In Donacik v. Pool Mart, Inc., 270 A.D.2d 921, 705 N.Y.S.2d 784 (N.Y. App. Div. 2000), the plaintiff sued after her daughter sustained head injuries by either slipping from a deck or diving into a four-foot above-ground pool. The court dismissed all claims against the pool manufacturer, Swim 'N' Play, and the seller, Pool Mart, ruling that they had no duty to warn about the dangers of diving into shallow water. The case highlighted the importance of personal responsibility in pool safety and established legal precedent regarding liability for manufacturers and sellers when the risks are considered obvious.

Understanding the cause of a swimming pool accident is important when pursuing a claim. A New York swimming pool accident lawyer can review the circumstances to determine if negligence played a role.

Can I File a Lawsuit for Injuries from a Swimming Pool Accident?

A lawsuit may be filed if the accident resulted from negligence, defective equipment, or violations of New York safety laws. Common legal claims include:

• Premises Liability Claims: Property owners have a duty to maintain a safe environment. If negligence leads to an accident, they may be held responsible. In New York, premises liability law requires property owners to exercise reasonable care to maintain their property in a reasonably safe condition, considering foreseeable risks. This duty extends to pool owners to protect individuals from hazards associated with the pool area.
• Wrongful Death Claims: If a drowning results in death, the victim's family may file a wrongful death lawsuit. Wrongful death actions in New York, governed by Estates, Powers & Trusts Law § 5-4.1, allow the decedent's personal representative to sue for damages resulting from the death caused by the wrongful act, neglect, or default of another. In the context of swimming pool accidents, if negligence, such as lack of supervision or unsafe pool conditions, is determined to be the cause of a drowning, a wrongful death claim can seek compensation for the family's losses, including pecuniary damages.
• Product Liability Claims: If defective pool equipment caused the injury, the manufacturer or distributor could be liable. New York law allows individuals injured by defective products to pursue claims based on theories of negligence, strict product liability, and breach of warranty. The landmark case Voss v. Black & Decker Manufacturing Co., 59 N.Y.2d 102 (1983), reaffirmed that a manufacturer can be held strictly liable if a product is defectively designed, manufactured, or lacks adequate warnings, and that defect is a substantial factor in causing injury. This principle applies broadly to consumer and industrial products, including equipment related to swimming pools, such as defective pool drains, diving boards, or chemical dispensing systems. In Voss, the plaintiff was injured while using a circular saw, which allegedly had an excessively exposed blade due to its defective guard design. The court held that the plaintiff had established a prima facie case of strict products liability by demonstrating that the product's design posed an unreasonable risk and could have been made safer. The ruling clarified that manufacturers are responsible for ensuring their products are reasonably safe before reaching consumers. This standard influences liability across industries, holding manufacturers accountable for dangerous designs that foreseeably lead to injury.
• Negligence Claims: Failure to provide proper supervision, warning signs, or maintain safe conditions could result in liability. Negligence in swimming pool accident cases typically involves showing that the pool owner or operator breached a duty of care owed to the injured party, that this breach was the proximate cause of the accident, and that damages resulted. For instance, failing to have a lifeguard present at a public pool when required, or not repairing a known hazard like a broken pool ladder, could be considered breaches of duty, potentially leading to liability if an accident occurs as a result.

Once you’ve determined the basis for your claim, the following are the steps involved:

1. Evidence Collection: Gather photos, witness accounts, medical records, and other key evidence.
2. Claim & Negotiation: File your claim and begin negotiations to seek a fair settlement.
3. Litigation (If Needed): If settlement fails, the case will proceed with a lawsuit, including discovery and potential trial.

Consulting an experienced New York swimming pool accident lawyer can help determine whether a lawsuit is appropriate based on the facts of the case.

Who Can Be Held Liable for Swimming Pool Accident Injuries?

Liability for swimming pool accidents depends on ownership, maintenance responsibilities, and the circumstances surrounding the incident. Potentially liable parties include:

• Homeowners: When a swimming pool is located on private residential property, the homeowner has a responsibility to ensure its safety for invited guests and even those who might foreseeably enter the property. This duty includes maintaining the pool area in a reasonably safe condition and taking precautions to prevent accidents, especially if children are likely to be present. Negligence in upkeep or failure to warn guests of known hazards can lead to liability if an accident occurs. Sess v. McGorry, 64 Misc. 3d 1210, 116 N.Y.S.3d 866 (N.Y. Sup. Ct. 2019) involved a homeowner’s liability when a guest was injured after diving off a dock into shallow bay water. The plaintiff argued that the homeowner failed to provide proper lighting, warning signs about tidal fluctuations, and necessary safety precautions. The court denied the homeowner’s request for summary judgment, finding that a jury should decide whether their negligence contributed to the injury. This case highlights the importance of warning guests about potential water hazards, which also applies to swimming pool safety.
• Apartment Complex Owners and Managers: Owners and managers of apartment complexes with shared pools have a duty to their tenants and their guests to provide a safe recreational amenity. This responsibility extends to proper maintenance of the pool and surrounding areas, ensuring adequate supervision where appropriate, and complying with relevant safety regulations. Failure to uphold these standards, resulting in tenant injury, can lead to liability for the apartment complex.
• Hotel and Resort Operators: Hotels and resorts that offer swimming pools to their guests have a significant commercial responsibility to ensure guest safety around these amenities. Guests reasonably expect a safe environment when paying for lodging and recreational facilities. Operators are expected to maintain pools properly, provide appropriate supervision or warnings, and take measures to prevent foreseeable accidents, with failure to do so potentially resulting in legal liability.
• Municipalities and Parks Departments: Public swimming pools and recreational facilities operated by municipalities or parks departments have a duty to ensure the safety of the public who use these resources. This includes maintaining safe pool conditions, providing adequate supervision through lifeguards or pool staff, and adhering to all relevant safety codes and regulations designed to protect community members using public facilities. Negligence in these duties can lead to liability when members of the public are injured at these pools. In Pozarski v. Brooklyn Bridge Park Corporation, Brooklyn Bridge Park Conservancy, Inc., 64 Misc. 3d 1217, 117 N.Y.S.3d 460 (N.Y. Sup. Ct. 2019), the plaintiff was injured while swimming in a pool at Brooklyn Bridge Park when he struck his head against the pool wall. He sued multiple parties, including the City of New York, Brooklyn Bridge Park Corporation, Brooklyn Bridge Park Conservancy, and North Jersey Pool Management, alleging negligence in maintaining and supervising the pool. The court dismissed the claims against the City, finding it was an out-of-possession landlord that did not control or operate the pool. However, North Jersey Pool Management, which was responsible for operating the pool and employing lifeguards, remained a defendant.
• Gyms and Health Clubs: Gyms and health clubs that provide swimming pools to their members have a responsibility to maintain a safe environment for fitness and recreation. This includes proper pool maintenance, ensuring water quality, addressing slip hazards around the pool area, and potentially providing supervision depending on the nature of the facility and its users. Negligence in maintaining a safe pool for members can result in liability if accidents and injuries occur. For example, in Nikcevich v. Town Sports Int'l, Inc., 2017 N.Y. Slip Op. 31124 (N.Y. Sup. Ct. 2017) a gym member sued New York Sports Club after suffering a finger injury while swimming. She alleged that her hand came into contact with a broken underwater light fixture, which had been unlit for at least two weeks. The gym denied knowledge of the hazard and sought to dismiss the case, arguing there was no proof of negligence. However, the court found that the plaintiff presented enough evidence to raise questions about whether the gym had actual or constructive notice of the defect and whether it had failed to properly maintain the pool. As a result, the court denied the gym’s motion for summary judgment, allowing the lawsuit to proceed. This case highlights the potential liability gyms face when they fail to address known hazards in pool areas. Proper maintenance, routine inspections, and prompt repairs of damaged equipment are essential to prevent injuries and reduce legal risks.
• Schools and Educational Institutions: Schools and educational institutions operating swimming pools for activities like swimming lessons, sports teams, or general recreation have a heightened duty of care, especially towards students, many of whom may be minors. This duty includes providing adequate supervision during pool activities, maintaining the pool in a safe condition, and ensuring compliance with safety regulations to protect students from foreseeable harm. Negligence in these areas can lead to significant liability in the event of student injuries.
• Pool Maintenance Companies: Companies contracted to provide pool maintenance services can be held liable if their negligent actions or omissions directly contribute to an accident. If a maintenance company fails to properly service equipment, neglects to address known hazards like slippery surfaces or faulty drain covers, or otherwise fails to maintain the pool to a reasonable standard of safety, they can share liability for resulting injuries.
• Pool Equipment Manufacturers and Installers: Manufacturers of pool equipment and companies responsible for installing pools or pool equipment can be liable if defective products or improper installation are found to be a cause of an accident. Product liability can arise if equipment is inherently dangerous or poorly designed, and installation companies can be liable for negligence if they fail to install equipment according to safety standards and manufacturer guidelines, leading to unsafe conditions.
• Life Guards or Pool Staff: While often employees and not direct defendants themselves, the negligence of lifeguards or pool staff acting in their professional capacity can establish liability for their employers (like pool operators, municipalities, etc.). If lifeguards are inattentive, improperly trained, or fail to follow emergency procedures, and this negligence contributes to or worsens an accident, it strengthens the liability claim against the responsible entity overseeing the pool operation.

The specific duty of care owed by these parties can vary slightly depending on the context and the legal status of the person using the pool (e.g., invitee, licensee).

How Much Time Do I Have to File a Swimming Pool Accident Lawsuit?

• General Personal Injury Claims: New York law imposes time limits for filing a swimming pool accident lawsuit. Under CPLR § 214, personal injury claims must generally be filed within three years from the date of the accident. This time limit applies to claims seeking damages for medical expenses, lost wages, and pain and suffering due to negligence.
• Wrongful Death Claims: If the accident results in death, the statute of limitations for a wrongful death claim is two years under EPTL § 5-4.1. The two-year period begins from the date of the victim's death, not necessarily the date of the accident, which is important to consider when evaluating eligibility for filing a claim.
• Claims Against a Municipality: If the claim is against a government entity, such as a city-owned public pool, a notice of claim must be filed within 90 days of the incident, and a lawsuit must be filed within one year and 90 days under General Municipal Law § 50-e. Failure to meet these deadlines may result in the dismissal of the claim. Sometimes, the court may grant an extension under special circumstances, but this is not guaranteed.
• Minors: If the injured party is a minor (under 18 years old), the statute of limitations is typically paused (tolled) until they reach adulthood. In most cases, the three-year deadline begins when the individual turns 18, giving them until their 21st birthday to file a lawsuit. However, claims against municipalities still require a notice of claim within 90 days, so parents or guardians must act quickly to preserve legal rights.
• Incapacitated Individuals: If the victim is incapacitated due to the accident—such as suffering a traumatic brain injury or being rendered unconscious—the statute of limitations may be tolled until they regain the ability to understand and act upon their legal rights. The court will assess the extent of the incapacity and determine the appropriate timeframe for filing a claim.

Failing to file within the applicable time frame may prevent recovery. Consulting a New York swimming pool accident lawyer early can help ensure compliance with filing deadlines.

What Types of Compensation Are Available for Swimming Pool Accident Victims?

Compensation can cover not just medical bills, but also other losses, and address the emotional toll of the accident. If your injuries and suffering were caused by someone else’s negligence, they should be held accountable. Victims of swimming pool accidents may seek compensation for:

• Medical Expenses: Hospital bills, physical therapy, medications, and future medical costs.
• Lost Wages: Compensation for income lost due to inability to work.
• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of quality of life.
• Wrongful Death Damages: Funeral costs, loss of financial support, and other losses for surviving family members.

Will My Settlement Be Affected if Insurance Covered Some of My Expenses?

If insurance has covered some or all of the costs associated with a swimming pool accident, it can influence the final settlement amount. Many insurance providers have subrogation rights, meaning they may seek reimbursement for the amounts paid on behalf of the injured party. However, several factors can determine how much, if any, needs to be repaid and how it affects overall compensation.

• Subrogation Rights: If insurance covered medical bills or other costs, it may impact a settlement amount. Insurance companies often have subrogation rights, which allow them to seek reimbursement from any settlement or court award a victim receives. This means that if a health insurer or auto insurer paid for medical treatment, they may place a lien on the settlement to recover their costs. For instance, if your health insurance paid $20,000 for medical treatment, they may claim reimbursement from any settlement you receive. However, the amount they can recover depends on the specific terms of the insurance policy and New York laws governing subrogation. Some policies have provisions that limit the insurer’s ability to recover funds from a personal injury settlement.
• Limitations on Reimbursement: Liability insurance from the responsible party may cover some expenses, but it does not always compensate for all damages, such as pain and suffering or lost wages. In some cases, insurance companies may attempt to reduce their payout by arguing that certain expenses were already covered. Legal counsel can negotiate to ensure that all available compensation is maximized. An experienced New York swimming pool accident lawyer can work to minimize the amount that must be repaid and ensure that insurance companies do not unfairly diminish a victim’s compensation.
• Collateral Source Rule: Legal counsel can also assess whether certain medical costs fall under collateral source rules, which may limit an insurer's ability to claim reimbursement from the settlement. These rules may prevent an insurance provider from reducing a victim’s settlement by the amount already paid by another insurance policy, ensuring that victims receive the full benefit of their awarded damages.

Seeking legal advice early can help protect the full value of a claim and ensure fair compensation for all losses. A knowledgeable swimming pool accident attorney in New York can guide a victim through negotiations with insurance companies and advocate for their rights throughout the legal process.

Frequently Asked Questions

Q. What should I do after a swimming pool accident?

A. Seek medical attention immediately. Report the accident to the pool owner or manager. Document the scene with photos and gather witness contact information.

Q. Can I sue if my child was injured at a friend’s pool?

A. Yes, if the pool owner was negligent. Private pool owners must ensure reasonable safety measures. If there was inadequate supervision, a lack of safety barriers, or hazardous conditions, liability may arise. However, New York does not fully recognize the doctrine of attractive nuisance. Instead, it follows a more limited approach to child trespasser liability, focusing on whether a hazard is inherently dangerous rather than whether it is merely enticing to children.

Q. What if I was partially at fault for my pool accident?

A. New York follows a comparative negligence rule under CPLR § 1411. This means that even if you were partially at fault, you can still recover compensation, but your award will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for the accident, your total compensation will be reduced by 30%.

Q. Do I need a lawyer if the insurance company offers a settlement?

A. Yes. Insurance companies often offer low initial settlements. A New York swimming pool accident lawyer can assess whether the offer fairly compensates for all damages and negotiate a better outcome.

Q. What kind of evidence do I need to gather to support my claim?

A. To strengthen your claim, collect as much evidence as possible. Key evidence includes photos or videos of the accident scene, pool conditions, and any hazards (such as missing barriers, broken ladders, or lack of warning signs). Witness statements can help establish what happened and whether negligence played a role. Medical records documenting injuries and treatment are crucial to proving damages. If applicable, incident reports filed with the pool owner, local authorities, or regulatory agencies should be obtained. Maintenance records, safety inspection reports, and prior complaints about the pool can also support your case.

Q. What is the process of filing a lawsuit and how long might it take to resolve?

A. Filing a lawsuit begins with an investigation to determine liability and gather evidence. Your attorney will file a complaint outlining the claim against the responsible party. The defendant then has the opportunity to respond, leading to the discovery phase, where both sides exchange evidence and take depositions. If a settlement cannot be reached, the case proceeds to trial. The timeline varies depending on complexity, but settlements may be reached in several months, while litigation can take a year or more. Cases involving severe injuries or wrongful death may take longer, especially if expert testimony is needed. An experienced swimming pool accident attorney in New York can guide you through the process and work toward a fair resolution.

Contact Stephen Bilkis & Associates

Swimming pool accidents can lead to serious injuries or fatalities. If you or a loved one suffered harm due to a pool owner's negligence, unsafe conditions, or defective equipment, legal options may be available. Consulting an experienced swimming pool accident attorney serving New York can help protect your rights and seek fair compensation. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.

---