There is a bright line rule that applies to all owners and operators of
establishments that are held open to the public; guests must be kept safe
from unreasonable dangers. If the owners or operators knew about the danger
and didn’t fix it, then they can be liable if the hazard injures
a guest. Even if the establishment didn’t know, but would have known
if they had acted reasonable, liability will exist.
Experienced Newburgh public pool accident attorneys know that these premises liability rules also apply to owners and operators
of public pools. It doesn’t matter if the owner is a governmental
entity because the state of New York waived governmental immunity many
years ago. Therefore, if you
slipped and fell at the town pool, the town may be liable for your injuries if you suffered
damages. However, you must file a notice of claim within 90 days of the
slip and fall and commence the lawsuit within one year and ninety days.
While there is an exception allowing you to file a late notice of claim
up to one year and ninety days, that should not be relied on.
If you are at the pool, then the
town owes you a duty to keep you safe from unreasonable danger. Simply becoming hurt is not compensable via civil litigation; your harm
at the pool must be causally related to the town’s breach of the
duty owed to you.
How can this duty be breached by a town pool? Our experience with town
pool slip and fall accidents have shown that not having adequate lifeguards
at the pool is a breach of duty. Life guards do more than watch people
in the pool, they also monitor people in other areas so as to prevent
accidents and injuries. They also report dangerous conditions to superiors.
Note that an employee’s knowledge of a dangerous condition is imputed
onto the employer; saying, “my employee never told me . . .”,
may not be a valid defense.
Improper maintenance is also common at
town swimming pools. Ladders that usher swimmers in and out of the pool must be in proper
working order and free from defects. Diving boards must be maintained
and repaired. If these devices are not in proper order, they should be
blocked off so that swimmers are warned of the danger and are prevented
from accessing the equipment.
Especially slippery surfaces must carry a warning and or be remediated.
This includes areas around a pool in addition to locker room and changing
room surfaces. Even
slip and fall accidents in the parking lot can give rise to a town pool’s liability.
Lastly, all persons that slip and fall on negligently maintained town pool
property are owed the above mentioned duty; young or old, frail or strong,
novice swimmers and advanced swimmers alike. So long as the town breached
its duty to the pool guest and that breach caused the victim’s injuries
and damages, the victim can state a valid claim founded in negligence.
Are you interested in learning more about summer vacation slip and fall
Click here to read about this area of law in our latest article. If you or a loved one has been injured in a slip
and fall accident, click here to learn about the steps you should take
to protect your health and your legal rights
by clicking on this link. Learn about the duty hotels and motels owe to customers and what could
happen if that duty is breached in
our blog post available by clicking on the link here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.