A pool owner or operator is liable for someone drowning in their pool if the accident is entirely or in part due to their negligence. Some examples of negligence include a failure to properly maintain and operate the pool or a failure to adequately supervise those using the pool.
In fact, the negligent pool owner or operator can be responsible for other accidents that occur around the pool area, including slip and trip and fall accidents. If your loved one drowned or was injured because of a pool-related accident, then you may be able to seek compensation.
Pool owners must provide safe conditions for swimmers
Pool owners have a duty to address potential hazards in and around the pool, taking steps to prevent foreseeable accidents and the possibility of drowning.
The National Safety Council (NSC) provides recommendations for decreasing the risk of drowning. NSC-recommended safety measures include:
- Always supervising the area when individuals—especially young people or those who struggle to swim—are in the pool
- Ensuring that children and other at-risk individuals are not in parts of the pool where suction devices are present
- Keeping emergency aid kits stocked and easily accessible
- Hiring a designated lifeguard for an event where there are many people in the pool
- Ensuring that at least one CPR-trained individual is present when appropriate
- Discouraging those who have been consuming alcohol from swimming
- Discouraging swimmers from jumping on or dangerously wrestling with others
Pool owners must also install a fence or other barrier around the pool or around the property that houses the pool to prevent people, especially children, from inadvertently falling in the water and possibly drowning.
Other parties who may be liable for a pool injury accident
While pool owners may be more commonly liable for injuries, other responsible parties may include pool service providers or even pool equipment suppliers.
For instance, if a pool maintenance crew leaves equipment where pool users may trip and fall, they may be liable for negligence.
You can seek compensation for the losses involved in a pool accident injury
In the case that a drowning incident is not fatal, it may be referred to as “near-drowning,” according to Healthline. After experiencing oxygen deprivation during near-fatal drowning, victims may experience short- and long-term complications, per Cleveland Clinic. These include:
- Brain damage
- Coma
- Lung damage
A near-drowning can go on to have many effects on your life or a loved one’s life. Damages after a near-drowning incident may include:
- Experiencing pain and suffering
- Losing cognitive function
- Requiring around-the-clock care
- Being unable to work at all
- Being unable to work as you did before
- Being financially dependent
- Suffering from post-traumatic stress disorder or other emotional injuries
A lawyer from our team will review how the drowning incident occurred and take appropriate action to seek compensation. This may mean bringing either a personal injury claim or lawsuit.
If you lost a loved one to a drowning accident, our lawyers can help you seek compensation for the many emotional and financial losses of a wrongful death.
Call Dansker & Aspromonte Associates LLP today for a free consultation
Pool owners and operators can be held liable when a drowning, near-drowning, or other pool injury accident occurs. Our injury attorneys have won millions for victims of injury and their families, and we can help you seek compensation. We fight for you to get the best outcome possible.
We represent clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. Call Dansker & Aspromonte Associates LLP today to learn about how we will protect your rights.
We’ve successfully represented clients in a variety of personal injury cases, from car and construction accidents to serious injuries and wrongful death.
