As temperatures start to rise, pool owners around the country will begin to open their pools to friends, family, and the general public. What legal responsibility do these pool owners have to protect the people using their pools, though? The answer varies depending on your relationship to the pool owner and the property the pool exists on.
While both you and a pool owner can take steps to minimize your risk of accidents, it’s important to know how you can financially recover from an accident should one arise. Let’s break down the legal rights of pool owners so you can have a better idea of how to get back on your feet after a summertime slip-and-fall.
Pool Ownership and Fencing
New York law requires all parties who own a pool to surround those pools with a safe fence or barrier. Barriers must meet certain height criteria, while pools must have appropriate gates with safe latches. If a pool owner wants to avoid taking on liability for a person’s accident, the gate must self-latch and remain locked when no one is available to supervise people in the pool.
If you get into an accident at a pool, make note of the fencing around the patio and surrounding areas. Pools created before the 1980s do not have to abide by these fencing policies, but those created after do. If you suspect a pool owner failed to safely barricade their pool from unsafe users, you may have the right to file a slip-and-fall accident claim.
Pool Ownership and Premises Liability
Pool owners also open themselves up to lawsuits pursued on the grounds of premises liability. This premise states that because a pool owner operates the pool and makes it open to visitors, the owner must assume liability for the safety of those parties under their supervision. The owner must subsequently take steps to maintain the pool. Failure to do so violates the duty of care owed to users.
These steps may include the following:
- Post updates about the depths of the pool around the usable area
- Provide safety equipment, including life jackets and floatation devices
- Post a maximum occupancy listing alongside pool hours and lifeguard availability
- Maintain a first aid kit on the pool site
This duty of care, or responsibility to help avoid preventable accidents, typically applies to licensees and guests. However, the attractive nuisance doctrine may make pool owners liable for accidents involving trespassing children. Interested parties can discuss the relationship between a pool owner and young trespassers with an experienced slip-and-fall accident lawyer.
What to Do if You Get Into an Accident at a Pool
If you get into an accident while visiting a public pool, your health should be your first priority. Make sure you dress any injuries and go to the hospital should the need to do so arise. You can then elect a party to investigate the nature of your accident. If it appears a pool owner violated the duty of care owed to you, you may have the right to file a personal injury claim against them.
A personal injury claim allows you to recover financial damages based on the losses you sustained due to a pool owner’s negligence. The losses you include in your request for support may cover:
- Medical expenses, including ambulance fees
- Temporary and long-term disability treatments
- Lost wages from time spent away from work
- Pain and suffering
You can discuss your right to recover from a pool accident almost immediately following the accident itself. We encourage you to reach out to an experienced pool accident lawyer within a few weeks of your incident. The sooner you get in touch, the sooner we can outline what steps you can take to hold a pool owner responsible for your losses.
Pool Owners Have a Responsibility to Keep Swimmers Safe
If you need help breaking down the legal responsibilities of a pool owner after a pool-related accident, contact an experienced attorney. Our team can help you determine whether or not you have the right to bring a civil claim against the party responsible for your recent accident.
The Law Office of Cohen & Jaffe, LLP has helped hundreds of clients like you make sense of the civil statutes surrounding personal injury cases. We’re prepared to help you secure the compensation you deserve after a pool accident. You can contact us by calling (516) 358-6900 or reaching out online to learn more about our services.
