Recent summers in New York have been among the hottest on record, and many of us have spent the sweltering days of July and August at the pool. While everyone loves a day in the sun, without proper attention to safety from the responsible property owner, swimming pools can lead to serious accidents, including slip and falls or drowning.
From a legal perspective, where a swimming pool accident occurred, whether the pool was public or private property, and whether it was owned and maintained by a business or a private individual are all factors that can affect the validity and compensation amount in any lawsuit.
In this article, we’ll cover some of the key information our New York pool accident lawyers think you need to know, regardless of when and where an accident occurs.
Private Homes
If an accident occurs at a private home, there are two main considerations that can affect liability:
The first is known as visitor status.
In other words, the duty of care the property owner owes the guest depends on whether the individual was an invited guest or not. Owners are responsible for providing a reasonably safe environment for invited social guests, but owners do not owe such an expectation to uninvited trespassers, unless the owner set a trap or acted recklessly, resulting in trespasser injury.
The second consideration is called attractive nuisance.
Since pools are legally recognized as structures that often attract children, owners are responsible for taking certain safety precautions. These include a fence, a pool alarm, and covers on drains. Failure to include or maintain these safety measures may be tantamount to negligence in the case of an injury.
Apartments
In the case of apartments, liability considerations are somewhat different.
Under New York law, landlords owe a duty of care to tenants and invited guests to maintain all common areas. This includes swimming pools, as well as hallways, atriums, walkways, etc. If a pool area is unmaintained or has hazardous conditions, it may be a breach of the landlord’s duty of care, amounting to negligence.
Apartment negligence can also occur because a landlord or property manager violates explicit safety codes or regulations, often called “negligence per se.” This can include injuries caused by a failure to provide safe fencing, necessary property signage, proper chemical management, or safe equipment or pool features, such as diving boards or ladders.
Hotels
Hotel owners and managers are required to keep pool areas safe and free of dangers.
According to New York law, a business invitee is anyone who enters a commercial property to engage in that business. In the case of hotels, this is typically someone who might be staying at the hotel as a guest. Business invitees are owed a high duty of care from the owners.
It is also important for guests to know that in the case of hotels, liability waivers are often void. Guests at many businesses need to sign a liability waiver to use amenities, such a hotel pool. If a fee was paid, however, to use the facility, and hotel staff and owners acted negligently, resulting in injuries, waivers may be voided.
If you sustained a pool injury while staying at a hotel, it can be tricky to determine liability. If you have doubts, contact a New York premises liability attorney at Butafuoco & Associates. We can tell you more about your rights during a free consultation.
Considerations for All Pool Injury Cases
If you or a loved one suffered an injury from a swimming pool accident, it’s essential to reach out to an experienced pool accident lawyer serving New York.
New York comparative negligence laws state that liability depends on the degree to which the victim was responsible for causing their own injuries.
However, even if you were partially at fault for your accident, that does not mean that you are not entitled to any compensation. Under New York personal injury law, even if you are still partially at fault, you can recover damages if another party is found negligent. Navigating the proportionality of liability is complex, and having a strong legal team can ensure you get the compensation you deserve.
It is also important to keep in mind that under New York Law, you have three years from the date of the injury to file a personal injury lawsuit. If the defendant is a municipality or government-run entity, that timeline is even shorter at 90 days. Reaching out to an attorney to find out whether you have a case can sometimes be the key to making a full recovery.
Buttafuoco & Associates has the legal expertise and experience to build your case; call 1-800-NOW-HURT to speak with a New York pool accident attorney today.
