Posted: June 5, 2015
In New York, swimming pool accident lawyers have made note of a number recent tragedies. Children are particularly susceptible to suffering a swimming pool accident, as the family of a local little boy knows all too well. The three-year-old loved playing in the 10-inch deep pool in his family’s yard, a habit that may have contributed to the accident.
On the day of the accident, the boy slipped away from his mother, step-grandfather, and workers at a daycare center, and managed to scale a fence into a neighboring yard, where he was immediately attracted to a large, above-ground pool. The boy was unconscious when his mother found him and pulled him out of the pool, and he did not survive long.
Although drowning is among the leading causes of death for children, adults can also suffer from swimming pool accidents. Not long after this accident, a New York-area man was found unconscious in a public pool. He was pronounced dead despite rescue efforts.
Common types of swimming pool accidents
A New York family might consult a personal injury lawyer regarding a variety of situations. One of the most common types of swimming pool accidents is an unintentional drowning, which claims the lives of almost 10 people each day in the U.S. When this involves a child, it’s quite often the result of inadequate supervision or improper barriers that prevent a child from accessing the pool.
Another type of swimming pool accident involves diving board injuries. An older child or adult using a diving board may suffer from bone fractures, spinal cord injuries, or traumatic brain injuries as a result of improper installation or manufacture of the diving board.
Children are particularly prone to suffering slip and fall accidents around a pool. Because of the wet ground, a child who is running or not paying attention to his surroundings can slip. Injuries can be sustained upon striking the ground or the child might drown if he falls into the pool.
Legal options for NY victims
In New York, the victims of swimming pool accidents and their families do have legal recourse. A swimming pool accident lawyer can determine if premises liability rules apply to the situation. The owner of a pool on private property or public property may be named as the defendant in a personal injury lawsuit if he may have failed to maintain safe conditions in and around the pool. The owner may be charged with failing to provide life preservers and failing to properly maintain ladders, diving boards, and drains. Failing to provide lifeguards and adequate supervision is also grounds for a lawsuit.
Additionally, a pool owner has a responsibility to keep the area safe for children, even if no children reside on that property. The law recognizes that young children may break away from their parents or guardians and access a pool without supervision, and requires pool owners to provide adequate barriers. When any of these responsibilities are breached, the victim or the family of the victim may choose to file a personal injury lawsuit.
New York swimming pool injury attorney
If you or a loved one was injured or killed in a swimming pool accident, it can be confusing to determine the appropriate course of action. The swimming pool lawyers of Eisbrouch Marsh offer no-obligation legal evaluations to residents of NY and NJ to help them explore their legal options.
Our attorneys can thoroughly investigate your case to determine if someone might be at fault for the accident and we’ll explain what may happen during the litigation process, should you decide to file a lawsuit. To arrange a free consultation, call 201-342-5545 and let us help you make an informed decision.
Resources
- The New York Times, Drowned Boy, 3, Climbed Fence to Get Into a Pool, http://www.nytimes.com/2014/07/26/nyregion/a-drowned-boys-family-reels-after-his-death-in-staten-island.html?_r=1
- Long Island Press, Woodbury Man Drowns in Public Pool, http://www.longislandpress.com/2014/07/29/woodbury-man-drowns-in-public-pool/
