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Proving Liability in a Swimming Pool Accident

Drowning is the 5th most common cause of unintentional injury, death in the United States. About 10 deaths are caused by unintentional drowning every day. From 2005 to 2014, an average of 3,536 fatal unintentional non-boating related drownings occurred annually in the country, which accounts for about 10 deaths per day. In addition, there were 332 deaths from drowning in boating-related incidents. About 1 in 5 who die from drowning are children aged 14 and younger.

Who is liable in a drowning accident?

When injuries occur at swimming pools, the pool owner — whether it is at a private residence or a public park — could be liable for the injuries. However, this is not an automatic liability. So when is the pool owner liable for an accident? In most cases, the premises liability laws in your state will play a role in any swimming pool injury lawsuit. This means that three different types of property entrants, and the pool owner has a different duty of care to each:

  • Invitees – Typically, this includes people who are patrons or users of public pools. Owners of these pools have the highest duty of care to the people who come to their pool to ensure that the pool is reasonably repaired and maintained so that all attendants are safe.
  • Licensees – Usually, this includes social guests who come to a private pool. It is the duty of these owners to warn their guests about any potential dangers that come with using the pool area and which may not be obvious to the average person.
  • Trespassers – These are people who do not have the pool owner’s permission to use the property. In these cases, the pool owner does not owe the trespasser any duty of care.

There is an exception to the trespasser rule. Young children who do not understand the dangers that are present in a pool area and the potential for drowning could make their way to a pool area. In such cases, these children are not technically considered to be trespassers. Therefore, owners are expected to take reasonable steps to ensure that small children do not access their swimming pools, such as installing a fence around the pool area.

Who could be liable for swimming pool accidents?

Apart from the pool owner, other people can be liable for a swimming pool accident. It depends on whether it is a public or private pool, whether the injured party was a trespasser or invited guest, and what caused the injury. Other people who could be held liable for a swimming pool accident are:

  • Lifeguard
  • Pool manager or operator
  • Pool maintenance company
  • Governmental entity (for public pools)
  • Pool equipment manufacturer

A Fabulous Law Firm

If you or someone you know has been injured in a swimming pool related accident caused due to negligence, you should immediately contact an experienced personal injury attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. We take pride in winning cases. We enjoy the feeling of watching our clients light up with joy when we settle or win and they are made financially whole again and then some. We know what it takes to win cases and what legal buttons to press and when to press them.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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