Swimming Pool Safety

Summer is finally here, and with the warmer weather comes pool days.

According to the CDC, drowning is the fifth leading cause of unintentional death in the United States, but it’s not the only liability pool owners may face.   

For those living within New York City’s five boroughs, the most accessible place to swim is in one of the dozens of public pools across the city. In public pools, people expect, and as required by statute, there will be trained lifeguards on duty focusing their full attention on the water. Additionally, public pool owners, both municipal and private, are required to keep properties upkept and safely maintained, with specific requirements for things such as lightning, plumbing, objects on the pool deck (especially glass or sharp objects) and pool drains. Any failure by the public pool owner to conform to these requirements that results in an injury could create the basis for a liability claim. If someone does get injured on a municipal property (one owned by a city, county, town, or government agency), their notice of claim must be filed within 90 days of the accident. 

It is important to note, however, that the liability of the public pool owner may be contingent on cooperation with the pool rules.  While there is always a certain amount of inherent risk in engaging in water sports, in the past, individuals whose behavior was found to be reckless were determined to have created a superseding event for which the pool owner was not liable. Such behavior includes consuming alcohol and/or entering the pool outside its posted hours of operation, so it’s always best to be safe and follow any posted pool rules.

For those outside the city, private residential pools are more common. Residential property owners have a responsibility to maintain a safe environment in and around their pool and property. If they do not, and someone is injured on their property, then the accident would fall under premises liability and the homeowner could be held liable for any injuries sustained. Some of these conditions include slippery surfaces, tripping hazards, broken equipment, and lack of safety equipment. Residential pool owners also have specific codes they must follow in order to have a pool installed and maintained, including things such as the height of the fence around the pool and self-closing and self-latching gates.

Typically, homeowners would not be held liable if someone trespasses on their property. However, there are some exceptions, most notably children.  If a child enters a homeowner’s property without permission and is injured, the homeowner could be held responsible under a legal doctrine called “attractive nuisance.” If someone gets injured in a private pool, they have up to three years to file a lawsuit against the property owner.

As with any accident or injury, it is best to consult with an attorney.  We are always here to help and answer your questions.