Swimming is one of the best and most popular ways to cool down in the summer months. Unfortunately, a day by the pool can turn tragic when property owners are negligent.
If you or a loved one has been injured in a swimming pool accident, you could be compensated for your damages. This applies regardless of whether you were injured in a private or public pool.
At Koenigsberg & Associates Law Offices, we help New Yorkers find justice and closure after serious swimming pool accidents. In this blog, our New York City personal injury attorneys will break down your rights so that you know all the options available to you.
Drowning Facts and Statistics
According to the Centers for Disease Control and Prevention (CDC), drowning is a leading cause of death for children between one and four years old.
Drowning isn’t only a problem for toddlers, however. The New York State Department of Health reported that most drowning victims are between the ages of 6 and 25 years old. Those with seizure disorders are also at an increased risk for drowning.
Overall, the CDC reported that there are about 3,960 fatal drownings every year in the U.S.
Nonfatal drowning, or near drowning, is a major problem in the U.S. In fact, the CDC reported that for every child who dies by drowning, another eight must go to the emergency room following a nonfatal drowning accident.
Can Near Drowning Cause Brain Damage?
Near drowning can result in an acquired brain injury due to the lack of oxygenated blood flow to the brain.
Brain injuries can bring a range of health problems. In severe cases, they can lead to permanent disability or death.
Other Swimming Pool Accident Injuries
There are other swimming pool accident injuries to watch out for besides drowning and near drowning:
Injuries from overcrowded swimming pools
Pool toy entrapment
Diving board injuries
Pool slide injuries
Can You Sue for an Accidental Death?
If someone dies in an accidental drowning or pool accident, their surviving loved ones may sue the party responsible for that death. It doesn’t matter that it was an accident.
For instance, if the death took place at a public pool because there was some type of negligence, then the company that owns that pool would be liable.
Examples of negligence include but are not limited to:
Lack of adequate fencing around the pool (such as to keep unsupervised children out)
Failing to maintain the pool and any attachments (like a diving board)
Failing to warn of a slippery floor around the pool
Failing to warn of the depth of the pool
Lack of lifeguards or life-saving devices
Is a Homeowner Liable if Someone Drowns in Their Pool?
Just like how a public pool owner can be held responsible for drowning accidents, so can a homeowner.
If you or your child was injured in a friend’s private pool, you still have the right to compensation. Keep in mind that when you sue for damages, you are actually suing the person’s insurance company—not the person. Their insurance company (not them) will be the one to compensate you for your damages.
Get Compensation, Closure, and Peace of Mind
If you were hurt in or near a swimming pool because of someone else’s negligence, you may be compensated for the damages you suffered. Some of the most common compensatory damages include:
Future medical bills
Time off work
Reduced earning capacity
Pain and suffering
At Koenigsberg & Associates Law Offices, we will work hard to help you get the most out of your claim. With years of experience in premises liability law (and personal injury law as a whole), we have recovered millions of dollars for our clients. You can trust us to go to battle for you!