As the summer winds down, reports of swimming pool accidents continue to trickle in throughout the greater New York City area. In the traumatic wake of a drowning or serious pool-related injury, many victims and family members are left questioning their legal rights.
New York swimming pool accident lawyers of Edelman, Krasin and Jaye will explain litigation options, and help victims file a premises liability lawsuit if they have a viable claim for damages.
Pool accidents that stem from property owner negligence, poor equipment maintenance or failure to supervise can give rise to an actionable claim for compensation and help bring closure and some measure of justice.
Recent NY swimming pool drownings
The New York Times recently reported on the drowning death of a three-year-old Staten Island boy who had wandered to a neighbor’s above-ground pool. Even though the pool owners had a safety fence in place, the little boy scaled the barrier by climbing on boxes. According to the report, the toddler managed to slip away from his Mariners Harbor home, which also doubles as licensed day care center, in just a few quick minutes. His family quickly realized his absence and rushed out to search for him, but unfortunately were just a few moments too late.
The three-year-old’s mother, Maria Johnson, found her son unconscious lying face down in the water. He died a short time later. The New York State Office of Children and Family Services declined to comment on the swimming pool drowning, and are continuing investigations into the accident.
Statistics show that around 33 drowning deaths are logged in NY State each year, with half of those victims children aged one to four. Though drowning is one of the leading causes of death for minors, NY swimming pool accidents have also claimed adult lives as well. This past July, a 44-year-old Woodbury resident was discovered unconscious in a public pool. The victim, Jonathan Sobel, was pulled out of the Syosset Woodbury Park pool and later pronounced dead at North Shore Syosset Hospital, despite CPR efforts.
Determining liability after a drowning or serious pool injury
New York residents, especially those with young children, should be aware that swimming pools – whether owned privately, operated by the municipality, or run as a public pool — should be free of hazards and known dangers. If a pool owner or operator fails to maintain diving boards or drains, fails to secure the premises with a gate, fails to train lifeguards if supervision is mandated, or fails to alert visitors that they are swimming at their own risk, they may be held accountable in the event of an accidental death or injury.
Furthermore, state laws now stipulate that all residential swimming pools built from 2006 on must come equipped with an alarm that sounds off when a child enters the water.
If your child was injured in a slip and fall accident at the pool or suffered harm resulting from a near drowning, you are encouraged to retain legal counsel as soon as possible. There are time limits for seeking damages in a personal injury claim, which once exceeded, end all attempts at financial recovery.
Free consult with a NY swimming pool injury attorney
Though monetary damages recovered through litigation can never erase the loss or permanent injuries suffered by a loved one, they can alleviate financial burdens, particularly if the victim was the family’s sole bread winner. To learn more about your legal options following a swimming pool accident or death, the veteran New York personal injury attorneys at EKJ Law offer confidential consultations.
Advocating for New Yorkers since 1952, our legal team has the resources, legal expertise and trial skills to successfully represent your case. Call our offices today to arrange a free case evaluation at 1-800-469-7429.