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Legal Help After a Swimming Pool Accident in NYC

Swimming pool accidents can happen in an instant, and the consequences are often catastrophic. Whether it’s a child drowning in an unsecured pool or an adult suffering a spinal cord injury from a diving mishap, the injuries sustained can change lives forever.

Under New York law, pool owners and property managers have a duty of care to ensure their premises are reasonably safe for visitors. This includes:

  • Regular inspections of the pool area
  • Ensuring fencing, gates, and locks are working
  • Warning guests of potential hazards
  • Hiring qualified lifeguards (if required)
  • Complying with all building and health codes

When they fail to meet these obligations, they may be held liable for resulting injuries under premises liability law. A product liability claim may also apply if a defective product, such as a broken ladder, pool light, or faulty drain system, caused the incident.

Swimming Pool Accident Lawyers in New York City

Types of Pool Accident Cases We Handle

At HKD, we represent individuals and families harmed in a wide range of pool-related incidents across New York City and the surrounding areas, including Manhattan and Queens.

Common pool accident cases include:

  • Drownings and near-drownings – especially involving children
  • Slip and fall accidents – caused by wet, cracked, or poorly maintained pool decks
  • Diving injuries – head, neck, or spinal trauma from shallow water or unsafe platforms
  • Drain entrapment – suction injuries due to broken or missing covers
  • Chemical burns or poisoning – from over-chlorinated or improperly maintained water
  • Inadequate supervision – lack of lifeguards or inattentive staff
  • Defective pool equipment – such as ladders, slides, pool toys, or filtration systems

No matter the circumstances, we’ll thoroughly investigate what happened, gather evidence, and build a case that supports your right to recover damages.

Who Is Liable for a Swimming Pool Injury?

Liability in a swimming pool injury case depends on who owned or controlled the pool and the conditions that led to the accident. Our attorneys conduct in-depth investigations to determine all potentially responsible parties, which may include:

Private Property Owners

Homeowners with residential pools must follow New York City codes requiring fences, gates, and locked access. If they fail to do so and someone—especially a child—gains access and is injured, the homeowner may be liable, even if the injured person was technically trespassing. 

Landlords & Apartment Complexes

Multi-unit buildings with pools must keep common areas safe for tenants and guests. Failure to maintain safety equipment, repair known hazards, or provide supervision (if required) may constitute negligence.

Hotels, Gyms & Recreational Facilities

Commercial entities that offer pool access must comply with strict health and safety regulations. They may be liable if they:

  • Did not hire or properly train lifeguards
  • Failed to maintain safety equipment
  • Ignored broken pool infrastructure or sanitation standards

Government Agencies

Public pools operated by the city or state may be liable under certain circumstances. However, lawsuits against public entities involve strict filing deadlines and notice requirements under the New York General Municipal Law.

Product Manufacturers

If a defective pool product—such as a drain, flotation device, or chemical feeder—caused injury, you may have a valid product liability claim against the designer, manufacturer, distributor, or retailer.

What Compensation Can You Recover from a Swimming Pool Accident?

Swimming pool accident victims often face overwhelming financial burdens—from hospital bills and physical therapy to lost wages and emotional trauma. At HKD, we fight to recover the full value of your claim, including:

Economic Damages:

  • Emergency medical care and hospitalization
  • Ongoing medical treatment or rehabilitation
  • Lost income and future earning potential
  • Out-of-pocket expenses related to the injury 

Non-Economic Damages:

Wrongful Death Damages:

If your loved one died in a pool-related accident, you may think about filing a wrongful death claim. By filing this claim, you can receive compensation that could include:

  • Funeral and burial costs
  • Loss of companionship or parental guidance
  • Lost financial support

In especially egregious cases—such as when a property owner ignores repeated complaints or willfully breaks safety regulations—punitive damages may be awarded to punish the wrongdoer and deter future negligence.

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Common Causes of Pool Accidents in NYC

Many pool-related injuries and deaths are preventable with basic safety measures. Unfortunately, negligence is far too common in both public and private pool environments.

Leading causes include: 

  • Broken or missing safety fences
  • Malfunctioning drain systems (creating dangerous suction)
  • Unmarked shallow areas or diving hazards
  • Lack of “No Diving” or warning signage
  • Negligent or absent lifeguards
  • Slippery tiles and surfaces
  • Overcrowded pool conditions
  • Improper chemical handling

Each of these issues increases the risk of serious harm, and often reflects a property owner’s failure to uphold their legal duty.

How to Stay Safe Around Pools in NYC

While our NYC injury lawyers are here to help after a tragedy, we strongly support injury prevention. Following these simple safety guidelines can reduce the risk of a swimming pool accident:

Before You Swim:

  • Inspect the pool area for safety hazards
  • Look for fences, gates, and warning signs
  • Ensure emergency flotation devices are nearby
  • Make sure the pool is clean and clear—cloudy water may hide dangers

While Swimming:

  • Always supervise children—drowning can happen in seconds
  • Never swim alone—use the buddy system
  • Stay away from drains, especially in older pools
  • Enforce water safety rules with kids, and lead by example

After Swimming:

  • Watch for symptoms of delayed drowning, especially in kids:
    • Coughing, wheezing, or trouble breathing
    • Sleepiness or unusual behavior
    • Chest pain or vomiting

If any of these signs occur—even hours later—seek medical help immediately.

What to Do After a Pool Accident

The moments following a swimming pool injury are critical. Taking the right steps can protect your health and your legal rights.

Here’s what you should do:

  1. Call 911 – Seek immediate medical attention, even if the injury appears minor.
  2. Document the scene—Take photos or videos of the pool area, hazards, signage (or lack thereof), and injuries.
  3. Get contact information – Gather names and phone numbers of witnesses, lifeguards, or property owners.
  4. File a report – If the injury occurred at a public or commercial pool, notify the manager or the appropriate agency.
  5. Avoid giving statements – Don’t speak to insurance representatives or sign anything until you talk to an attorney.
  6. Call HKD – Our experienced pool injury lawyers can launch an investigation and preserve evidence immediately.

Why Choose HKD for Your Pool Accident Case?

At Hecht, Kleeger & Damashek, P.C., we have decades of experience handling complex premises liability and catastrophic injury claims throughout New York. Our firm has recovered tens of millions of dollars on behalf of injured clients and families.

When you work with us, you get:

  • No upfront fees – You only pay if we win your case.
  • One-on-one attorney access – You’ll never be handed off to a junior staffer.
  • Relentless advocacy – Whether we’re negotiating a settlement or taking your case to trial.
  • Track record of results – Insurance companies know we mean business.

Our team understands the emotional toll these accidents take, and we’re committed to making the legal process as smooth as possible for you and your loved ones.

Call a New York City Pool Accident Attorney Today

Don’t let negligence go unchallenged. If you or someone you love has been seriously hurt in a pool accident, speak with a trusted NYC personal injury lawyer at Hecht, Kleeger & Damashek, P.C. We’ll explain your options, guide you through every step, and fight for the compensation you need to recover.

Call (212) 490-5700 today or contact us online to schedule your free consultation.

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Hurt in a swimming pool accident? You may have a right to compensation.

Whether your injury occurred at a public pool, private residence, hotel, or gym, Hecht, Kleeger & Damashek, P.C. is ready to help. Our NYC swimming pool accident attorneys understand the devastating effects of drowning incidents, slip and falls, or other pool-related injuries, and we fight aggressively to hold negligent parties accountable.

If someone else’s failure to maintain a safe pool caused your injuries or the death of a loved one, you deserve justice. Let our team of premises liability lawyers pursue the maximum compensation for your medical bills, lost income, pain and suffering, and more.

Call (212) 490-5700 or contact us online for a free case evaluation.

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