Swimming Pool Accidents

When you think of a swimming pool, thoughts of a place to provide relaxation, fun family memories, and cooling off from the summer heat usually comes to mind. However, being a swimming pool owner brings a great responsibility to prevent danger on your property, which is a responsibility that some pool owners fail to fulfill.

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According to the CDC, 3,650 people in the U.S. die each year due to unintentional drownings in swimming pools. More than 20% of annual swimming pool deaths are children ages 14 years or younger. Furthermore, unintentional drowning is the leading cause of death in children ages 1 to 4, and the second leading cause of death in children ages 5 to 14. 

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Due to the potential dangers that swimming pools present, New Jersey law requires owners of private residences and public facilities to follow specific regulations to protect the safety of those who operate in and around swimming pools on their property. When a pool owner fails to fulfill their legal obligations and innocent victims suffer injuries or death due to the pool owner’s negligence, the victims and their surviving loved ones have recourse through personal injury and wrongful death lawsuits.

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When a property owner allows guests to use a swimming pool on their premises, there is a legal duty to keep the premises safe. Under NJ premises liability law, swimming pool owners and operators can be held legally responsible for failing to remove hazardous conditions from their property, failing to warn visitors of the dangers of the pool, or failing to provide adequate security in the swimming pool area. 

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If a pool owner does not take the preventative measure of using proper anti-slip materials in and around their pool, the owner may be held liable if an adult or child suffers slip and fall injuries due to the unsafe conditions, such as a slippery deck, diving board, ladder, or walkway.

If a pool owner does not properly label the shallow and deep ends of their pool or a diving board or water slide is placed outside of the deep end of the pool, the property owner may be held liable for any injuries an adult or child suffers due to the lack of visible labels and warnings, such as brain injuries, head injuries, lacerations, or neck injuries that occur due to a visitor diving into shallow water.

 

Swimming pools accidents that happen at amusement areas, hotels, public properties, swimming clubs, or water parks commonly involve multiple parties that can be held liable for a victim’s injuries, such as a distracted lifeguard or swim instructor that led to a victim’s drowning or a negligent pool operator’s failure to follow proper safety protocols that led to a victim’s chemical burns or respiratory distress. 

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In addition to pool owners being held liable for any injuries sustained by visitors welcomed onto their property, pool owners may also be held liable for injuries sustained by individuals trespassing on their property under the New Jersey Attractive Nuisance Doctrine. The attractive nuisance doctrine states that landowners may be liable for injuries suffered by children trespassing on their property, if the injury is caused by an object on the property that is likely to attract children. In New Jersey, homeowners have a legal obligation to enclose their swimming pools by fences and gates that meet specific requirements, such as the fence height is a minimum of four feet high and no more than two inches off the ground, gates must be self-closing with self locking latches that are not within reach of small children, and the gate must open away from the pool.

 

Swimming pool accidents can cause significant personal injuries that result in costly medical bills, immense pain and suffering, lengthy rehabilitation, lost wages, or in the most tragic cases, death. Swimming pool accidents and injuries fall under premises liability law, which is a complex area of the law that requires extensive knowledge of an experienced personal injury attorney.

 

At Rinaldo and Rinaldo, we have more than 90 years of legal experience litigating personal injury claims against insurance companies to ensure our clients receive fair compensation and justice for their injuries or loss.

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If you or a loved one has suffered injuries or died due to a swimming pool accident in New Jersey, contact our team of experienced personal injury and wrongful death attorneys for a free case consultation.