Swimming Pool Accidents: Who is Liable in New York?
On July 2, 2025 by 
No Comments
No Comments
A relaxing day can quickly turn tragic after a swimming pool accident. Whether it’s a slip on a wet deck or a child drowning due to poor supervision, these events are often preventable—and someone else’s negligence may be to blame. The New York personal injury attorneys at Macaluso & Fafinski, P.C. can help you understand your rights and fight for accountability.
Who Is Liable for Swimming Pool Accidents in New York?
Liability after a pool injury depends on who controlled the property and whether they failed to act with reasonable care.
Here are some of the most common examples of parties who may be held responsible:
- Private homeowners who didn’t install required fencing, gates, or signage
- Apartment or condo managers who ignored known hazards or failed to maintain safe conditions
- Hotels, gyms, or public pool operators that lacked proper supervision or certified lifeguards
- Construction or pool service companies whose defective work led to an injury
One act of negligence can cause long-term suffering. A knowledgeable New York personal injury lawyer can dig into the details and find out who failed to keep the property safe.
New York Premises Liability Law and Pool Injuries
New York property owners have a duty to maintain safe conditions for guests, residents, or visitors. If they fail and someone is hurt, they can be held legally accountable under premises liability law.
Under New York General Obligations Law § 5-321, property owners can’t always avoid liability through lease language or waivers. If dangerous conditions—like a broken gate or slick poolside surface—lead to an injury, they may be responsible, even if someone else was on-site.
When pool injuries happen, it’s often due to risks the owner should have anticipated. That’s where a New York personal injury attorney can step in to help.
Swimming Pool Injuries That Can Lead to Legal Action
Some injuries point more directly to negligence than others. These include:
- Drowning or near-drowning: Especially when caused by inadequate supervision or faulty barriers
- Slips and falls: Often due to slippery decking or poorly maintained surfaces
- Electrocution: Sometimes caused by faulty lighting or pool pump wiring
- Head or spine injuries: Often from diving into shallow water without warning signs
These types of incidents don’t happen in a vacuum. They usually involve a failure to maintain the property. An experienced New York personal injury attorney can build a case and gather the evidence to support it.
Are Property Owners Always Responsible for Pool Injuries in New York?
Property owners are expected to keep their premises safe, especially when inviting others onto their property. That includes:
- Performing regular safety inspections
- Fixing damaged gates, fencing, or equipment
- Posting clear warning signs
- Ensuring qualified staff or lifeguards are present when required
Still, owners and insurers often try to shift the blame, claiming that signs were posted or that the victim was careless. But victims should not take the blame when owners fail to meet their legal responsibilities. A New York personal injury lawyer from Macaluso & Fafinski can help set the record straight.
How a New York Personal Injury Lawyer Can Help After a Pool Accident
Pool accident cases can be tricky. It’s not always clear who’s at fault, and evidence can disappear fast. A New York personal injury lawyer can step in to gather proof, talk to witnesses, and figure out who’s responsible.
They’ll deal with the insurance company and push for a fair settlement. If needed, they can take your case to court. Most importantly, you’ll have someone in your corner fighting for your rights every step of the way.
Deadlines for Filing a Pool Injury Claim in New York
Under New York law, most personal injury claims must be filed within three years of the date of the injury. However, if the accident occurred at a public or city-owned pool, you may have as little as 90 days to file a Notice of Claim.
These deadlines are strict, and missing them could mean giving up your right to pursue compensation. That’s why calling a New York personal injury attorney as soon as possible is so important.
Talk to a New York City, NY Personal Injury Lawyer Today
If you or a loved one has been seriously injured in a swimming pool accident, you don’t have to handle the legal system alone. Help is available—and your rights matter.
Call (718) 364-4000 or contact us online—our operators are available 24/7 to assist you. Let a trusted NYC, NY personal injury lawyer from Macaluso & Fafinski, P.C. fight for the justice you deserve.