Fighting for Victims in
Times of Need
Times of Need
Swimming Pool Accidents in New York
An average of 11 deaths a day happen across the country due to swimming pool accidents. While these accidents can affect even strong swimmers of any age, they are especially common among children. Children may not fully realize the dangers of the water and may still be working on swimming skills, which can make them vulnerable to injury.
If you or your child has been injured in a swimming pool accident caused by negligence, you may have the right to file a claim to seek compensation for your losses. The Law Office of Mark A. Siesel represents individuals and families throughout Westchester County and surrounding counties in serious premises liability and injury cases, including those involving pool-related accidents. If you have been injured, reach out to The Law Office of Mark A. Siesel for a free consultation.
How Swimming Pool Accidents Can Happen
While drowning and near-drowning incidents are the most feared outcomes, they are only part of the picture.
Near-drowning events can deprive the brain of oxygen in a matter of minutes. Survivors may face long-term neurological impairment or chronic respiratory issues. These cases often raise critical questions about supervision and response times, especially when they happen at schools or public facilities.
Falls around pools are also common. Deck surfaces are inherently wet, but they must still be reasonably safe. Inadequate drainage, cracked tiles, algae buildup, and uneven concrete can all cause someone to lose footing. When a fall occurs on a hard pool deck, the impact can lead to concussions, spinal injuries, and fractures.
Diving accidents represent another serious category. A pool that lacks proper depth markings or warning signage may create the false impression that diving is safe. Striking the bottom in shallow water can cause cervical spine fractures, paralysis, or traumatic brain injury — injuries that often require lifelong medical care.
Mechanical failures can also produce catastrophic outcomes. Defective drain covers and suction systems may create powerful entrapment forces. Federal safety regulations exist to prevent these incidents, yet improper maintenance or outdated equipment can still pose a danger.
Additionally, improperly stored or mixed pool chemicals can cause burns, eye injuries, respiratory damage, or toxic exposure. These incidents frequently occur in commercial facilities that fail to follow safe handling procedures.
Where Pool Injuries Happen
Swimming pool accidents occur in a wide range of settings. Backyard pools in residential neighborhoods present risks if gates are left unsecured or barriers are inadequate. Apartment complexes and condominium communities often operate shared pools that must meet safety standards. Hotels and resorts host guests unfamiliar with the property layout. Public pools, school facilities, fitness centers, and summer camps each carry their own operational obligations.
The location of the pool matters because it affects both liability and legal procedure. Claims involving public entities may involve shorter notice requirements and strict deadlines. Private property cases are evaluated differently but still require proof that a liable party failed to take reasonable care.
The Aftermath of a Pool Injury
Pool-related injuries are frequently severe. Victims may suffer traumatic brain injuries, spinal cord damage, paralysis, broken bones, internal organ injuries, or deep lacerations. In cases involving children, even brief oxygen deprivation can affect long-term development.
The emotional impact can be equally significant. Survivors of near-drowning incidents may experience anxiety, sleep disturbances, fear of water, or post-traumatic stress. Families often face overwhelming costs and uncertainty about future care needs.
Take Immediate Action After an Accident
If you or your child is injured in a swimming pool incident, several steps can help protect both health and legal rights:
- Obtain immediate medical attention.
- Notify the property owner, facility manager, or appropriate authority and request that the incident be formally documented.
- Photograph the pool area, fencing, signage, equipment, and surrounding conditions.
- Gather contact information from witnesses.
- Avoid signing liability waivers or accepting settlement offers without legal review.
Establishing Responsibility
To pursue compensation, you must generally show that the pool owner or operator owed a duty of care, breached that duty, and caused injury as a result.
Evidence may include inspection records, safety policies, compliance with fencing regulations, lifeguard staffing protocols, chemical handling procedures, and witness testimony. In some cases, expert analysis is necessary to evaluate equipment failure or building code violations.
Compensation in Swimming Pool Injury Cases
When negligence contributes to a swimming pool accident, compensation may address the physical and emotional impact of the injury, medical expenses, hospitalization, rehabilitation, lost wages, diminished earning capacity, and incidental costs.
In catastrophic cases long-term care planning may be necessary to account for future medical needs and reduced earning capacity. Each claim is evaluated based on its specific facts and the long-term effects on the victim’s life.
Frequently Asked Questions
Is a homeowner automatically liable if someone is injured in their pool?
Not automatically. Liability depends on whether the homeowner failed to take reasonable steps to secure and maintain the pool.
Does a “swim at your own risk” sign eliminate liability?
No. Warning signs do not excuse unsafe conditions or regulatory violations. Property owners must still maintain reasonably safe premises.
What if the injured person was trespassing?
The law may impose special duties when children are involved, particularly if a property contains a hazardous condition that could attract them. Even if a child was trespassing, the parents of the child may have a claim if the property owner failed to secure the property.
Can multiple parties be responsible for a pool injury?
Yes. In some cases, liability may involve a property owner, management company, maintenance contractor, or equipment manufacturer.
How soon should I speak with an attorney after a pool accident?
As quickly as possible. Critical evidence such as surveillance footage and maintenance records may not be preserved indefinitely.
What if the victim seemed fine after a near-drowning but later developed symptoms?
Delayed complications can occur, particularly in children. Ongoing medical evaluation and legal assessment are important even if initial symptoms appear mild.
Compassionate Representation for Families
Swimming pool accidents are often traumatic events. The Law Office of Mark A. Siesel provides individualized attention and thorough representation in serious injury cases, including those involving swimming pool accidents. If you or your child has been injured in a swimming pool accident, contact our office for a free consultation.