Swimming is an excellent form of exercise that can also help people unwind and relax. During the summer months, both kids and adults can have a fun time cooling down in the swimming pool. However, data from the Centers for Disease Control shows, drowning accidents are all too common, with at least one person getting killed from them every day.
Swimming is an excellent form of exercise that can also help people unwind and relax. During the summer months, both kids and adults can have a fun time cooling down in the swimming pool. However, data from the Centers for Disease Control shows, drowning accidents are all too common, with at least one person getting killed from them every day.
Of all these deaths, 77 percent of fatalities involve children aged below five years. Many children have a natural fascination for water, and little ones who wander close to a swimming pool may accidentally fall in unless there is someone to prevent them from doing so. This makes it critical for swimming pools to ensure adequate security to guard against such mishaps.
Which Pool Accidents and Injuries are Likely in New York?
Swimming pools can be the spot where several injuries occur. Although drowning is the most serious pool accident, there may also be cases of near-drowning, diving accidents, slip-and-fall accidents, and drain injuries. Swimming pools can be the spot where several injuries occur. Although drowning is the most serious pool accident, there may also be cases of near-drowning, diving accidents, slip-and-fall accidents, and drain injuries.
Drowning
According to the CDC data, children aged between 1 to 4 years of age are the most likely to drown in a swimming pool in their homes. Children of this age do not realize that the pool is a dangerous place and when left unsupervised, they may seek to get closer to the water and easily fall into the pool and drown. This makes it crucial that home swimming pools, especially the ones where young children live, must have protective measures such as fencing to restrict access to the pool.
Near-drowning
The CDC reports that non-fatal submersion injuries are far more common than drowning accidents. When a person spends a lot of time underwater before being rescued, they suffer oxygen deprivation, and this can lead to brain damage that may result in permanent physical and/or mental disability.
Diving accidents
A person who dives from high above the water surface may sustain a traumatic brain injury. Defects in the diving boards, an improper diving technique, or an insufficiently filled pool may lead to serious diving accidents in New York.
Slip-and-fall accidents
Areas surrounding the pool may easily grow wet and cause anyone walking there to suffer a slip-and-fall accident. These pool accidents may lead to major injuries such as bone fractures and spinal cord and brain injuries. To prevent such incidents, the area around a swimming pool must have a special non-slip surface.
Drain injuries
The drain of a swimming pool must be completely covered. If there is a problem with this, it is likely that a suction effect occurs in the pool, trapping child swimmers underwater. Drain injuries in New York can lead to damage of internal organs and soft tissues.
What are the Common Causes of Pool Accidents in New York?
Swimming pools are found in private homes as well as in public places such as hotels, recreation centers, and apartment complexes. The most common causes for pool accidents in NY include:
- Lack of pool maintenance
- Faulty equipment in the pool
- Unsafely designed pool
- Wet surfaces around the pool
- Lack of well-trained staff
- Lack of clear and visible warning signs
How to Prevent Swimming Pool Accidents?
When it comes to swimming pool accidents, prevention is the key to avoid tragic outcomes. The following measures can help to avoid such incidents:
- Follow the building code regulations and laws in your city that govern the requirements for swimming pools.
- Install the latest safety equipment to make sure your pool is safe for use.
- Make sure you have a protective fence and cover around the pool to keep unsupervised children away from the area.
- Stick to the guidelines advised for the type and height of the fencing around the pool.
- Invest in special alarm systems to alert you to human presence in the pool area.
- Do not leave children unsupervised near or inside the swimming pool. A very young child must be held when in the water; older children must be kept at arm’s length so that you can monitor their activity.
Who is Held Responsible for an NYC Swimming Pool Accident?
When it comes to swimming pool accidents in New York, there could be more than one party who may be responsible for the event. The particular circumstances will decide which of the following parties will be considered liable.
Property owners: The owner of the swimming pool is basically responsible for its upkeep and must ensure that the pool is safe for use. So, in most pool accidents, it is the property owner who is considered responsible for the accident. In situations where a child has trespassed into the property too, the property owner is still considered accountable for the mishap.
If the accident took place on the premises of an enterprise such as a fitness center, summer camp, school, or a daycare center, the owners of those enterprises will be considered liable for the accident.
Pool service providers: If a pool service provider creates a dangerous situation when carrying out servicing of the pool, they may be held liable for a swimming pool accident that occurs during their presence.
Equipment manufacturers: Any company that has manufactured the faulty equipment or supplied the materials and chemicals used in the swimming pool where the accident took place may be held responsible for it.
What is Premises Liability in Relation to Pool Accidents?
Premises liability refers to the part of the law that holds the owner of a particular property liable for any injuries that are sustained due to some dangerous conditions existing on that property. The person who owns a swimming pool is required to take care to maintain it in a manner that ensures the safety of people who use it. If the owner fails to live up to this responsibility and it causes an accident, they are guilty of negligence and will be held liable for the pool accident. This clause of premises liability can apply to:
- Private pool owners
- Commercial owners of pools located in health clubs or hotels or apartment complexes that are used by tenants or guests
- Persons who rent a property with a swimming pool
- Government bodies that operate swimming pools for use by the public or in schools.
What are the Consequences of Swimming Pool Accidents? What are the Consequences of Swimming Pool Accidents?
When someone who doesn’t know swimming falls into a pool accidentally, the most likely outcome is that they will drown and die unless rescued in time. Unlike what is commonly assumed, drowning is a very fast event and often, people who are drowning cannot call out for help and silently get dragged under the water.
In cases where someone else is present at the pool and notices the drowning, there is a possibility of a rescue. Injuries from such accidents that involve near-drowning depend largely on how much time the person spent underwater without access to oxygen. Hypoxia or lack of oxygen supply can severely affect brain function. These swimming pool accidents may often lead to severe consequences with the most common effects manifesting in the form of:
- Slip-and-fall injuries that cause soft tissue damage or fractures of the wrist or arms or legs
- Neck injuries
- Spinal cord and brain injuries that may even cause paralysis
- Kidney problems
- Lung damage
- Liver damage
- Disabilities that affect the person’s ability to care for themselves
- Memory problems and learning disabilities
Data from the CDC shows that more than half of all near-drowning victims who receive emergency treatment need further hospitalization and medical care. In cases where severe hypoxia has set in before the rescue, the victim may suffer a permanent loss of the ability to function and remain in a permanent vegetative state.
Speak to a Skilled New York Swimming Pool Accident Lawyer
Having your child injured or losing them in a swimming pool accident can be a devastating experience that leaves you grappling with unimaginable grief. Even as you struggle to cope with the incident, it is important that you initiate legal proceedings to hold the party at fault accountable for the damage they have caused.
If your child has suffered a near-drowning accident that has left them badly affected, you could be facing a lifetime of medical and rehabilitation expenses. Under the law, you are entitled to seek damages for the swimming pool accident that was caused due to the negligence of the owner of the facility, and it is important that you fight to get the compensation you rightfully deserve.
Claiming and receiving due compensation can be a long-drawn, complex process, and having a competent and experienced swimming pool accident attorney on your side will definitely help make the process an easier one.
Our dedicated personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have several years of experience in dealing with swimming pool accidents in New York. We can help you identify the liable parties, interview eyewitnesses, collect all the necessary evidence and bring in the right investigators and medical and financial experts to prepare a strong case for you. Get in touch with us today at 212-344-1000 or contact us online to book your free consultation.
