During hot New York City summers, residents and their children flock to swimming pools to cool off. Additionally, many New York gyms and health clubs offer their clients the use of indoor swimming pools. Unfortunately, swimming pool accidents happen every year in New York City. When swimming pool owners fail to keep their pools safe or maintain safe premises, swimmers are often at risk of suffering serious injuries. If you've suffered a severe injury after a New York City swimming pool accident, Michael J. Redenburg, Esq. P.C. can help.
When you've suffered a serious personal injury because of someone else's reckless or negligent behavior, you need a lawyer with superior credentials and excellent courtroom skills. Contact our New York City personal injury law firm as soon as possible to schedule your initial consultation.
Swimming Pool Accidents Happen Every Year in New York City
According to the CDC, approximately 91 million people over the age of 16 swim in lakes, oceans, and rivers every year. There is an average of 301 million swimming visits by people over the age of six every year. Sadly, drowning is the leading cause of unintentional deaths from injury among children between the ages of 1-4. Drowning is the second leading cause of death among children age 5-9 years old. Over 60 percent of drowning deaths of children age 0-4 happen in swimming pools.
Common Causes of New York City Swimming Pool Accident Injuries
Swimming should be a fun and safe recreational activity that New Yorkers use to exercise and enjoy themselves. When swimming accidents happen, they can be devastating for the injured individual and his or her family. Serious swimming pool accidents often happen as a result of the following conditions:
- Slip and fall accidents
- Diving accidents
- Defective pool drains
- Failure to properly maintain
- Negligent supervision of swimmers
- Contaminated water
- A lack of lifeguards
- Drowning or near-drowning
- A lack of safe and functional lighting system around the pool
- A lack of warning signs, such as “shallow water – do not dive” signs
- A lack of safe entrance and exit tools, such as ladders and stairs
- Failure of the pool owner to provide a lockage gate
- Failure to provide a fence without gaps, openings, or exterior damage
- Failure to erect a barrier, such as a fence surrounding the pool
Injuries Due to Pool Chemicals
Sadly, in 2008, nearly 4,600 people sought treatment in emergency room departments due to injuries called by swimming pool chemicals. The most typical injuries from pool chemicals involve chemical poisoning. Those injured by pool chemicals often ingest chemicals or inhale fumes, vapor, or gases, causing dermatitis or conjunctivitis. Over half of the chemical injuries from pools happened at a private residence.
According to the CDC, nearly one out of every eight swimming pool inspections during 2008 indicated dangerous violations. These dangerous conditions threatened public health and safety and resulted in the immediate closure of the pools. Many pool operators fail to keep their levels of disinfectant at a safe level. When chlorine levels are too high, they can cause serious skin irritation and lung injuries, especially in young children.
Swimming pool owners and operators have a reasonable duty of care to keep the level of chemicals and the sanitary conditions of their pool safe for visitors. If you suffered injuries caused by dangerous levels of chemicals in a swimming pool, you might have a right to compensation for your injuries.
Drowning Caused by Negligent Supervision
Drowning is a leading cause of death among children. Sadly, many drowning deaths are preventable. Negligent supervision of children is the most common cause of drowning accidents. Swimming pool operators and owners have a legal duty to provide swimmers with adequate supervision. Both public swimming pools run by New York City and private swimming pool owners owe swimmers a reasonable duty of care.
For example, if the owner of a swimming pool invites neighborhood children to swim in her private pool, and a child drowns while swimming, the swimming pool owner may be liable. When the parents of the child who drown can show that a reasonable person would have watched the children swimming more closely, they may have a right to file a wrongful death lawsuit.
Lifeguards owe swimmers a reasonable duty of care as well. They must stay alert and quickly rescue any swimmer who appears to be in trouble or starts drowning. When pool owners hire lifeguards, they need to ensure that lifeguards have proper certification and do not have any red flags in their history that would prevent them from acting as a safe lifeguard.
When Can I Bring a Lawsuit for Swimming Pool Accidents?
Under New York law, individuals who suffer injuries due to another person's recklessness or negligence can seek to recover compensation through a personal injury lawsuit. Plaintiffs who bring a lawsuit will need to prove that the owner of the swimming pool acted negligently. Additionally, the plaintiff needs to prove that the resulting unsafe conditions caused the victim to suffer a severe injury. In other words, the plaintiff must prove that the pool owner's negligence or recklessness caused the hazardous condition that resulted in the victim's injury.
All New York City swimming pool owners are responsible for keeping their swimming pools safe for visitors. Public swimming pools have a duty to ensure that their pools are safe for the visiting public. Private pool owners should also ensure that their pools are safe. For example, if an individual homeowner owns a swimming pool, and knows that children trespass into his yard, he should put up a barrier or fence that would prevent children from drowning.
Protect Your Rights and Contact Our Experienced Swimming Pool Lawyer
If you or your loved one have suffered an injury or died in a swimming pool accident, Michael J. Redenburg, Esq. P.C. can help. With a proven track record of success, we have helped many New Yorkers recover compensation for their injuries. Contact our New York City law firm today to schedule your initial consultation.