Bathers swim in many different bodies of water such as lakes, ponds, rivers,
oceans, indoor pools, or outdoor pools. In any of these places, accidents
happen in which swimmers are injured or even die.
Experienced swimming accident attorneys know that many of these accidents are preventable. In fact, the accident
would not have happened had some person or party not been negligent.
Swimming pool negligence can be from
negligent supervision or from negligent maintenance of the swimming area. Generally speaking, negligence happens when one
person or party owes a duty to another person, and then breaches that
duty. If the breach is the proximate cause of the victim’s injuries,
then the responsible party could be forced to pay damages.
In terms of recreational swimming, if lifeguards were not performing their
jobs properly, and a bather is injured or dies, the lifeguards and pool
owners could be liable. If the swimming area was not properly maintained,
say the walkways were broken and uneven, and a swimmer fell into the water,
the owners or operators of the pool would be liable for the swimmers injuries.
The possible scenarios in which a bather can be injured are endless. Consider
the following real life example.
In Ridgewood, New Jersey a 13 year old boy was swimming in a public pool.
The child began to struggle in the water, eventually drowning. Nine lifeguards
were present, none of which recognized what was happening. Even the victim’s
family alerted the lifeguards, but the response was subpar. In fact, the
lifeguards were told by management to only search around the pool instead
of in the water. Forty minutes passed before the child was removed from
The family of the decedent sued the Village. Their attorney argued that
if the lifeguards did what they were supposed to do, the child could have
survived. Essentially, they argued this was a
swimming pool accident as a result of the negligence of defendant; they have a duty, breached that duty, and such breach caused
the death. The jury agreed and awarded the decedent’s family $10 million.
While it might never be clear as to why the lifeguards and management responded
that way, what is clear is that a distracted lifeguard is a growing concern
in public swimming areas. For example, lifeguards texting while on duty
is a growing concern. Stories abound about swimmer complaints in regard
to the issue. In fact, an Arizona child was rescued by another swimmer
when a texting lifeguard failed to recognize the child’s trouble.
Are you interested in learning more about swimming pool accidents and liability?
Read more in our
latest article available by clicking on the link here. Also, consider reading about the shocking statistics of swimming pool
accidents throughout the United States and New York
in our post available by clicking 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.