Common Swimming Pool Injuries and Who Can Be Held Responsible

Swimming pools offer escape from the heat during the summer months as well as places for relaxation and exercise. Nevertheless, pools and their surroundings come with inherent risks that can lead to serious injuries or even fatalities. Depending on the location and circumstances, liability for injuries can fall upon owners, operators and other people involved in the pool’s manufacturer and maintenance.

These are the most common causes of harm to swimmers and other patrons of recreational pools:

• Slip and fall accidents — The areas around pools often accumulate water, creating prime conditions for slipping and falling. This can lead to a range of injuries, from minor bruises to broken bones or even head and spinal injuries. Other factors contributing to slips or trips and falls include clutter, lack of traction and poor maintenance of poolside surfaces.
• Drowning and near drowning — The Centers for Disease Control reports that there are over 4,000 unintentional drowning deaths annually in the U.S., with a substantial percentage occurring in residential pools. Children are at particular risk. Survivors of near drownings may suffer from long-term disabilities, including severe brain damage, due to oxygen deprivation.
• Diving accidents — These often occur when individuals dive into shallow sections of a pool, leading to catastrophic injuries such as spinal cord damage or traumatic brain injuries. Diving accidents can also be caused by improperly placed or constructed diving boards.
• Chemical exposure — Incorrect handling or application of chlorine and other chemicals can cause burns, respiratory issues and eye injuries. Over-chlorination can irritate the skin and respiratory system, while inadequately treated water can breed bacteria, leading to infections.
• Entrapment in drains or filtration systems —This is typically due to defective or absent drain covers or lack of essential safety features. Entrapment can lead to severe injuries or drowning.

Liability for swimming pool injuries often hinges on findings of negligence, inadequate supervision or poor maintenance. Homeowners, for instance, may be held accountable if they do not implement necessary safety measures such as fencing with lockable gates or maintaining clear and safe walking surfaces around the pool area. They are also expected to inform guests of potential hazards.

Commercial entities, like hotels or gyms that provide pool facilities, are held to a higher standard of care. They are required to ensure the pool area is safe, employ qualified lifeguards, provide sufficient warnings about pool depth and other hazards and maintain optimal water quality. Failure to adhere to these responsibilities can make them liable for any injuries that occur.

Additionally, third-party service providers and manufacturers of pool-related products can be held liable if their negligence or the failure of their products leads to injuries. For instance, a defective pool drain cover or pool ladder could be cause for a product liability suit.

If you or someone you know has been injured in a pool-related accident, an experienced New York personal injury attorney can help assess the situation, determine potential claims and gather necessary evidence, including expert testimony, to pursue appropriate compensation for damages sustained.

Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY represents swimming pool injury victims cases across Long Island. Call 631-360-0400 or contact us online to schedule a consultation.