New York Swimming Pool / Diving Accident Lawyers

NY Personal Injury Attorneys

Pool accidents, diving accidents and other swimming related accidents are the second leading cause of death of children under 14 years of age. From drowning to accidents involving poolside apparatuses, such as diving boards or maintenance equipment, the pool can be a dangerous place.

About 77% of swimming accident victims had been missing for 5 minutes or less when they were found. Often when a child is drowning, it is silent with no warning of drowning such as a big splash or screams for help. Always look for a missing child in the pool or spa first.

A swimming pool accident may occur due to such factors as:

• A pool is improperly designed or dangerous
• A pool has been inadequately maintained
• Inadequate warning signs
• Poor supervision of children
• Improper safety equipment
• Inadequate fencing or barrier around pools, spas and whirlpools
• Diving board malfunctions or a diver dives into water that is too shallow
• No lifeguards, or poorly trained lifeguards
• Excessive alcohol on the premises
• Poorly enclosed pool drains, spas and whirlpools
• Overcrowded pool
• Contaminated water

Each year over 1,000 children die in pool, swimming, and diving-related accidents and over 5,000 others are hospitalized. Additionally, spas and whirlpools kill over 200 children annually. Adults are not immune from aquatic accidents either.

What legal claims can I take with a swimming accident?

• A "PREMISES LIABILITY" claim may be filed against a negligent pool owner for not complying with certain regulations.
• A "PRODUCT LIABILITY" claim may be filed against a manufacturer or designer of a pool / spa or any substandard part used in its manufacture.
• Other "NEGLIGENCE" claims may be filed against the pool owner for example, leaving small children unattended in a pool or allowing intoxicated guests to use a pool.

Property owners who have swimming pools, such as home, apartment, and hotel owners, are responsible for providing a safe area for adults and children to enjoy. The property owner may be held legally responsible for any injuries sustained in the swimming pool. If a guest or visitor is injured or drowns in another person's pool, the accident may be considered a premises liability if the accident was due to the negligence of the property owner who failed to provide a safe environment.

As a plaintiff in a premises liability case, it's your responsibility to prove:

• The property owner was negligent
• The property owner's negligence caused a physical injury
• The injury resulted in pain and suffering

If you or a loved one has been the victim of a swimming pool accident, drowning, or near drowning, please contact our pool accident lawyers for a free consultation.