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.
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:
- Pain and suffering
- Emotional distress
- Disfigurement or disability
- Loss of enjoyment of life
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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