Pools can be a great place to gather to make memories – most of them good. But when things go wrong, then injuries at the pool can change a person’s life forever.
Drowning is one of the leading causes of death for younger people in the state of New York, as reported by the New York State Department of Health. But in many cases, drowning accidents could have been avoided if not for the negligence of others.
If there is an accident at a pool, then who is responsible for it? And what types of damages can you expect to recover when a pool accident takes place? Read on to find out more about who is responsible for your New York pool accident.
How Do Pool Accidents Occur in New York?
There are several common ways that drowning and other pool accidents occur. They are typically caused by:
- Defective equipment such as ladders
- Lifeguard negligence
- Lack of supervision
- Unsafe, slippery, or damaged pool decks
- Faulty door locks and pool gates
- Unsafe pool design
Who Is Responsible for a NY Pool Accident?
When an accident at a pool occurs in New York, it may be the responsibility of more than one party. The circumstances involved in the accident will determine who is at fault, but in most cases, it is usually one of these parties:
The person who owns the pool where the accident occurred is responsible for the upkeep of the pool and to ensure it’s safe at all times. Because of this, in many situations where an accident at a pool occurs, the owner will be held liable. Even if someone trespasses on a property, the owner may still be accountable in many circumstances.
If the pool accident occurs at a place such as a summer camp, school, fitness center, or daycare, then those who own the business will be responsible for any injuries.
If the pool accident was caused by faulty equipment or chemicals in the pool, then the manufacturer of the pool or the equipment may be held liable for the accident.
Pool Service Providers
If the provider of pool services creates a situation that is dangerous for those who use the pool, then they can be held liable for any injuries that occur when they are servicing the pool.
New York Pool Accidents and Premises Liability
The part of the law that deals with what owners of a property are responsible for is called premises liability. That means that the owner of a property can be held accountable for injuries that occur due to dangerous conditions on the property.
For swimming pool owners, that means they are required to maintain the pool in a way that ensures it is safe for people to use. If, however, they fail to do so and an accident occurs, then they may be guilty of negligence and can be held liable. This means that private owners of pools, commercial owners, government bodies, and those who rent a place with a pool can also be held responsible under premises liability law.
If you or someone you know has been injured at a pool or died as a result of a drowning, then you should consult with an attorney to see if you can seek damages under premises liability law. You may be entitled to compensation for your injuries for wrongful death.