Each year, there are over 3,500 non-boat-related drowning accidents in the United States, with nearly 20% of the victims being children under 14. For each of these tragic events, there are roughly five emergency department visits for non-fatal injuries. Sadly, many swimming pool accidents leave their victims with brain damage or other long-term disabilities from oxygen deprivation or head trauma. If you have been hurt by a dangerous condition on someone else’s property, you may have a case for negligence against the person or entity in control of it.
You should consider contacting The Cassisi Law Firm’s swimming pool accident attorneys in Queens to explore your options. We have extensive experience assisting injured individuals from Nassau and Suffolk Counties, as well as the Bronx and Brooklyn, in pursuing the compensation that they deserve.
The possibility of a child drowning is not the only type of harm that may occur at a swimming pool.
Some common ways in which people may be hurt near them include:
- Diving into shallow pools;
- Slips and falls from wet pool decking and coping;
- Germs, bacteria, and illnesses contracted from pools that are not chemically maintained, particularly public pools;
- Electrocution from faulty electrical fixtures in or near pools;
- Being pulled down into suction drains; or
- Being entangled or suffocated in portable pool covers or the walls of inflatable pools.
When a swimming pool accident occurs, you may have a claim for negligence against the property owner or another party that may be responsible for your harm. In negligence cases, there are several elements that the injured person must prove. The defendant must have owed him or her a duty of care and breached that duty with some careless conduct. The breach must have led directly to the victim’s harm, which must have been a foreseeable result of the defendant’s behavior. Quantifiable damages stemming from the accident also must be identified.
Someone hurt in or near a swimming pool usually uses the theory of premises liability to seek compensation from a defendant. Premises liability is based on the principle that all property owners have a duty to keep their premises free of hazards that present an unreasonable risk of injury to others lawfully there. Since swimming pools are both especially appealing and especially hazardous for young people, a property owner also may be liable to child trespassers if the pool was not reasonably safe. This is known as the attractive nuisance doctrine, which is an exception to the usual rule that property owners owe no duty of care to trespassers. In general, an adult suing under a theory of premises liability must establish that he or she was lawfully on the property, usually as either a customer of a business owner or a guest of an individual owner.
Premises liability is not the only type of theory of negligence that may apply in a swimming pool accident case. For example, a construction company may be liable if a suction drain is too powerful, causing young children or poor swimmers to be pulled underwater. Or an electrical contractor may be held liable for faulty wiring that causes electrocution.
Damages available in successful swimming pool accident claims may include pain and suffering, hospital bills, the costs of future treatment, and lost wages. You should not delay in consulting a lawyer, however, for there is a limited time to bring a claim after an injury happens.
No matter what kind of swimming pool accident you have suffered, The Cassisi Law Firm is ready to help. We will carefully explore the details of your situation before explaining your options to you. If we move forward with your case, you can expect tenacious representation in settlement negotiations or the courtroom.
Contact us at 718-441-5050, or use our online form to request a free consultation.