Understanding Premises Liability with Swimming Pool Accidents

Swimming pools are often the sites of serious and sometimes tragic incidents, especially involving children. That’s why in states like New York, both residential and commercial pool owners have a legal responsibility to maintain safe premises at all times. When they fail to do so, and someone is injured as a result, they may be held liable under the state’s premises liability laws. 

If you or a loved one has been injured in or around a swimming pool, it’s important to understand your rights. At Morelli Law, we help victims of pool-related injuries seek justice and compensation.  

What Is Premises Liability?

Property owners have a legal responsibility to maintain safe conditions for people on their property. This area of law covers a wide range of accidents (from slip-and-falls to dog bites) and includes injuries that occur in and around swimming pools. 

In order to bring a successful premises liability claim, the injured party typically must prove: 

• The property owner owed them a duty of care 
• That duty was breached due to negligence or unsafe conditions 
• The breach caused the injury 
• The injury resulted in damages (medical bills, lost wages, etc.) 

Swimming Pool Accidents and Liability in New York 

In New York, swimming pool accidents are governed by a combination of state premises liability laws and local building codes. Depending on where and how the injury occurred, multiple parties could be held legally responsible. 

Types of Properties Where Pool Accidents Occur: 

• Private Residential Homes – backyard pools owned by individuals 
• Apartment or Condominium Complexes – shared community pools 
• Hotels or Resorts – guest-use pools 
• Gyms or Health Clubs – fitness centers with lap or recreational pools 
• Public Pools – operated by cities or municipalities 

Each of these locations carries different expectations and standards for safety. However, in all cases, pool owners are required to take reasonable steps to prevent foreseeable injuries. 

Common Causes of Swimming Pool Injuries 

Lack of Supervision

In facilities like apartment complexes, hotels, or day camps, lifeguards or supervisors may be required for the safety of children and guests. Failing to provide proper supervision, or hiring inadequately trained staff, can leave them liable should any incidents occur. Proper signage and warning must be provided to any pools that are not supervised. 

Defective Equipment 

Faulty pool drains, ladders, diving boards, or lighting can cause accidents or even drownings. In these cases, manufacturers or maintenance contractors may be held responsible in addition to the property owner. 

Slip and Fall Hazards 

Pool decks that are wet, cracked, or poorly maintained can become serious slip-and-fall hazards. Property owners have a duty to fix these issues or provide clear warnings. 

Improper Fencing or Barriers 

New York State law requires all residential swimming pools to have proper fencing or barriers to prevent unsupervised access. If these safety measures are missing or defective, the property owner may be liable. 

Unsafe Chemical Levels 

If pool chemicals are not correctly balanced, swimmers can suffer burns, respiratory issues, or other injuries. Poor maintenance can result in both health hazards and legal claims. 

Poor Lighting or Inadequate Signage 

Swimming in poorly lit areas, especially at night, can lead to injury. Additionally, property owners must clearly post rules, depth markers, and “no diving” signs where appropriate. 

Who Can Be Held Liable? 

Liability in a swimming pool injury case can fall on one or more parties, depending on the circumstances. These might include: 

• Homeowners for failing to maintain a safe backyard pool 
• Landlords or property managers for negligent upkeep of apartment or condo facilities 
• Hotel or resort owners if guests are injured in unsafe pools 
• Municipalities if a public pool is poorly maintained or inadequately supervised 
• Pool maintenance companies if contracted vendors fail to maintain the pool safely 
• Product manufacturers if defective pool equipment or design contributes to the injury 

What Injuries Are Common in Pool Accidents? 

Some swimming pool injuries are minor, but others can be catastrophic or even fatal. Common injuries include: 

• Drowning or near-drowning 
• Traumatic brain injuries (from diving accidents or falls) 
• Spinal cord injuries and paralysis 
• Broken bones 
• Lacerations from sharp surfaces or broken tiles 
• Respiratory issues from chemical exposure 
• Infections caused by poorly maintained water 

The impact of these injuries often extends far beyond physical health. Victims may face emotional trauma, extended rehabilitation, and financial strain from lost income and medical bills. 

What Laws Apply to Pools in New York? 

In New York, pool owners must follow both state building codes and local ordinances. Failure to comply with these laws can be considered negligence in a premises liability claim. 

Some of these safety requirements include: 

• Residential pools must be enclosed by a barrier at least 4 feet high 
• Pool gates must be self-closing and self-latching 
• Alarms are required for pool access points (such as doors from a house leading to the pool area) 
• Depth markers and signage are required in commercial settings 
• Lifeguards may be required at certain public or semi-public pools 
• Property owners must address known hazards in a reasonable amount of time 

Our Team Handles All Premise Liability Claims 

At Morelli Law, we understand how traumatizing a swimming pool accident can be, especially when it happens unexpectedly and could have been prevented. Our team has extensive experience handling complex premises liability cases and fighting for full compensation on behalf of injury victims. 

We will thoroughly investigate the circumstances of your accident, identify all liable parties, and work to secure compensation for: 

• Medical bills and future care 
• Lost wages or reduced earning capacity 
• Pain and suffering 
• Emotional trauma 
• Disability or long-term rehabilitation 
• Wrongful death (in fatal pool accident cases) 

Don’t Wait. Your Rights Matter 

Premises liability claims in New York are subject to strict deadlines. If you’ve been injured in or around a swimming pool, don’t wait to seek legal advice. Evidence can disappear, and property owners may quickly fix or hide the issue. Contact us today for a free case evaluation.