New York Swimming Pool Accident Lawyer

A day at the pool should be fun and relaxing, but when accidents happen, the consequences can be life-changing. Whether it’s a slip-and-fall, a drowning, or an injury caused by defective equipment, victims deserve justice and fair compensation. A New York swimming pool accident lawyer can help hold the responsible parties accountable and pursue the compensation victims need to recover. These accidents can lead to serious injuries or fatalities, often resulting from hazards such as inadequate supervision, slippery surfaces, or defective equipment.

In our experience, many of these cases involve property owners, pool operators, or other parties who failed to uphold their legal duty. In New York, premises liability law requires those responsible for maintaining pools to ensure they are safe. We always remind clients that this "duty of care" means the pool area must be regularly inspected, hazards like cracked tiles or broken ladders must be repaired promptly, and there must be proper warnings and supervision, especially when children are around. When these obligations are ignored, we help our clients seek compensation for medical expenses, lost income, pain and suffering, rehabilitation, and other damages.

We also look at whether pool operators violated specific state or local safety regulations. For instance, under 19 NYCRR § 1220.4, residential pools must be enclosed by a barrier at least four feet high with a self-closing, self-latching gate to prevent unauthorized access. When a client’s case involves a pool that lacks these basic protections, we use that information to support liability claims.

Because every situation is different, we always perform a thorough investigation before advising a client on their options. Pursuing compensation after a swimming pool accident can be complex, but an experienced New York swimming pool accident lawyer can help assess the legal options, determine liability, and seek fair compensation, whether through settlement negotiations or litigation.

The most common causes of swimming pool accidents are linked to unsafe conditions or negligence by pool owners, operators, or maintenance staff. When a client comes to us after being injured at a pool, we always begin by investigating what caused the accident and whether it could have been prevented. In our experience, these are the issues that come up most frequently:

• Drowning or Near-Drowning Incidents: These are among the most devastating cases we handle. We’ve seen incidents where young children wandered into unsupervised pool areas, or where lifeguards were distracted or not present at all. When there is inadequate supervision, broken gates, or missing warning signs, the risk of drowning rises significantly.
• Slip and Falls: If a client came to us after being injured from falling new a pool, we often investigate whether the surface around the pool was properly maintained, whether warning signs were present, and whether the area was overly slick due to standing water. Surfaces made of tile or concrete can become hazardous when wet. If safety measures weren’t in place, the pool owner may be liable for the resulting injuries.
• Defective Pool Equipment: When someone is injured by a broken ladder, a malfunctioning drain, or a defective diving board, our strategy would involve exploring whether a product liability claim is appropriate. If a client shows us photos or reports faulty equipment, we investigate whether the manufacturer, installer, or maintenance company failed to uphold their responsibilities under New York law.
• Lack of Proper Safety Measures: A lack of safety precautions significantly increases the risk of serious injury, especially for children. If a client told us there was no fence around the pool or that a gate had been propped open, we would ask detailed follow-up questions right away. We always review whether the pool complied with New York’s safety regulations, including proper barriers, locked gates, and active supervision. New York regulations, such as those outlined in the New York State Sanitary Code (10 NYCRR Subpart 6-1), include specific safety requirements for public pools. These rules are in place to prevent accidents and protect swimmers, and we look closely at whether a violation contributed to the injury.
• Chemical Exposure: Excessive or insufficient chlorine levels can cause respiratory problems, burns, or poisoning. If a client came to us complaining of burning eyes, skin irritation, or difficulty breathing after swimming, we would immediately consider whether the pool's chemical levels were properly maintained. We would investigate how the chemicals were handled, stored, and dispensed. Improper training or malfunctioning equipment can lead to dangerous imbalances in the water chemistry. Both excessive chlorine and poor sanitization can cause health problems ranging from mild discomfort to serious respiratory distress or infections from bacteria and algae growth.
• Diving Accidents: Shallow water diving can cause severe head or spinal cord injuries, especially when the bottom of the pool is struck with force. If someone came to us after suffering a serious injury while diving into a pool, one of the first things we would ask is whether the water was shallow and whether warning signs were posted. When warning signs are missing or unclear, and someone is hurt, it may be a sign of negligence. Note that while courts have recognized that diving into a shallow pool presents an obvious danger, if the pool is obviously shallow, warning signs may not be necessary. In Donacik v. Pool Mart, Inc., 270 A.D.2d 921, 705 N.Y.S.2d 784 (N.Y. App. Div. 2000), the plaintiff sued after her daughter sustained head injuries by either slipping from a deck or diving into a four-foot above-ground pool. The court dismissed all claims against the pool manufacturer, Swim 'N' Play, and the seller, Pool Mart, ruling that they had no duty to warn about the dangers of diving into shallow water. The case highlighted the importance of personal responsibility in pool safety and established legal precedent regarding liability for manufacturers and sellers when the risks are considered obvious.

Understanding the cause of a swimming pool accident is one of the first steps we take when reviewing a case. In early conversations, we ask detailed questions about what happened, whether there was proper supervision, if warning signs were clearly posted, and what the pool conditions were like at the time. These details help us figure out whether someone failed to take reasonable precautions. Once we have a clear picture, our New York swimming pool accident lawyers can determine if negligence played a role and explain the next steps for moving forward with a claim.

A lawsuit may be filed for injuries from a swimming pool accident if the accident resulted from negligence, defective equipment, or violations of New York safety laws. In working with injured individuals and their families, we review the specific fact and identify the appropriate legal claims. Common claims include:

• Premises Liability Claims: Property owners have a duty to maintain a safe environment. If negligence leads to an accident, they may be held responsible. When evaluating a swimming pool injury, we look closely at whether the property owner followed that duty by reviewing maintenance records, inspecting photographs or video of the scene, speaking with witnesses, and determining whether the pool complied with state and local safety regulations. We also consider whether there were prior complaints, whether hazards like broken tiles or missing barriers were addressed, and whether appropriate warnings or supervision were in place. In New York, premises liability law requires property owners to exercise reasonable care to keep their property in a reasonably safe condition, based on what risks could have been anticipated. That same duty applies to pool owners, who are expected to take steps to protect guests from known or foreseeable hazards around the pool area.
• Wrongful Death Claims: Swimming pool-related deaths are often caused by lack of supervision. If a client came to use after losing a loved one, we would examine staffing records, lifeguard assignments, witness statements, surveillance footage, and any incident reports filed by pool staff or emergency responders. We would also check whether the facility was legally required under state or local regulations to have lifeguards or other trained safety personnel on duty. When the evidence points to inadequate supervision, poor pool maintenance, or similar forms of negligence, a wrongful death claim under EPTL § 5-4.1 can help secure compensation for the family’s financial losses, including funeral costs, loss of support, and other pecuniary damages.
• Product Liability Claims: In New York, the law allows injured individuals to pursue claims based on negligence, strict product liability, or breach of warranty. If defective pool equipment caused the injury, the manufacturer or distributor could be held legally responsible. When it comes to cases that potentially involve product liability claims, we would evaluate whether the product was poorly designed, improperly manufactured, or sold without adequate warnings. We would do this by retaining qualified experts to inspect the equipment, review design specifications, and assess whether the product met industry safety standards. Our team would also examine product manuals, warning labels, recall notices, and any prior complaints to build a clear picture of what went wrong and whether the defect could have been prevented. The landmark case Voss v. Black & Decker Manufacturing Co., 59 N.Y.2d 102 (1983), reaffirmed that a manufacturer can be held strictly liable if a product is defectively designed, manufactured, or lacks adequate warnings, and that defect is a substantial factor in causing injury. This principle applies broadly to consumer and industrial products, including equipment related to swimming pools, such as defective pool drains, diving boards, or chemical dispensing systems. In Voss, the plaintiff was injured while using a circular saw, which allegedly had an excessively exposed blade due to its defective guard design. The court held that the plaintiff had established a prima facie case of strict products liability by demonstrating that the product's design posed an unreasonable risk and could have been made safer. The ruling clarified that manufacturers are responsible for ensuring their products are reasonably safe before reaching consumers. This standard influences liability across industries, holding manufacturers accountable for dangerous designs that foreseeably lead to injury.
• Negligence Claims: Failure to provide proper supervision, post adequate warnings, or maintain safe conditions can result in liability. In reviewing swimming pool accident cases, we would focus on whether the pool owner or operator breached a duty of care and whether that breach directly caused the injury. This often involves gathering maintenance records, safety inspection reports, witness statements, and any photos or video of the scene. For example, if a public pool failed to provide a lifeguard when required by law, or if a known hazard like a broken ladder was ignored, those oversights may be considered breaches of duty. When negligence can be clearly established, we work to hold the responsible parties accountable for the harm caused.

Once we’ve determined the basis for your claim, we follow these general steps:

1. Evidence Collection: We gather photos, witness accounts, medical records, and other key evidence.
2. Claim & Negotiation: We file your claim and begin negotiations to seek a fair settlement.
3. Litigation (If Needed): If settlement fails, the case will proceed with a lawsuit, including discovery and potential trial.

Consulting an experienced New York swimming pool accident lawyer can help determine whether a lawsuit is appropriate based on the facts of the case.

First, we must determine who owns the pool. In some cases this is easy to figure out, but in other cases we must review property records, lease agreements, or service contracts to identify the responsible party. We may also need to look into who controls access to the pool, who hires maintenance staff, and who is responsible for enforcing safety rules. This step is critical, because ownership and control often determine who can be held legally liable for the conditions that caused the injury.

• Homeowners: When a swimming pool is located on private residential property, the homeowner has a legal responsibility to keep the area reasonably safe for others. This includes maintaining the pool, securing it to prevent unsupervised access, and addressing hazards that could cause injury, especially when children are present. If a client came to us after being injured in a swimming pool accident, to determine whether the homeowner met these responsibilities, we would start by requesting maintenance records and inspecting the physical layout of the pool area. We would also speak with witnesses, review any available photos or video, and look into whether there were past complaints or safety concerns. If the evidence shows the homeowner failed to take reasonable care, they may be held legally responsible. Sess v. McGorry, 64 Misc. 3d 1210, 116 N.Y.S.3d 866 (N.Y. Sup. Ct. 2019) involved a homeowner’s liability when a guest was injured after diving off a dock into shallow bay water. The plaintiff argued that the homeowner failed to provide proper lighting, warning signs about tidal fluctuations, and necessary safety precautions. The court denied the homeowner’s request for summary judgment, finding that a jury should decide whether their negligence contributed to the injury. This case highlights the importance of warning guests about potential water hazards, which also applies to swimming pool safety.
• Apartment Complex Owners and Managers: Owners and managers of apartment complexes that offer swimming pools have a duty to provide a safe recreational space for their tenants and their guests. This includes maintaining the pool and surrounding areas, ensuring appropriate supervision when required, and following all applicable safety regulations. If we were approached by someone who was injured while using an apartment complex pool, we would begin by contacting the management office to request access to maintenance records, inspection reports, and any incident documentation. We would also look into past complaints, confirm whether safety rules were posted, and assess whether management addressed known hazards. When these responsibilities are ignored, the apartment complex may be held legally responsible.
• Hotel and Resort Operators: Hotels and resorts that offer swimming pools to their guests have a commercial responsibility to provide a safe environment. When people pay for lodging, they reasonably expect the pool area to be properly maintained and free from avoidable hazards. If we were contacted by a guest who was injured at a hotel or resort pool, we would start by requesting maintenance and incident reports, checking whether safety signage was clearly posted, and reviewing whether lifeguards or other supervision were in place when required. We would also look at whether hotel staff received training on pool safety and how complaints were handled. If these responsibilities were neglected, the hotel or resort may be held legally responsible for the injuries that occurred.
• Municipalities and Parks Departments: Public swimming pools and recreational facilities operated by cities, towns, or park districts have a duty to ensure the safety of the people who use them. This includes maintaining clean and hazard-free pool areas, providing proper supervision such as lifeguards or trained staff, and following local and state safety codes. If we were contacted by someone injured at a public pool, we would begin by reviewing maintenance and staffing records, checking whether safety inspections were performed, and determining if the facility complied with required regulations. We would also look into how complaints were handled and whether there were any previous incidents. If the municipality or parks department failed to meet its obligations, it may be held legally responsible for the injuries that occurred. In Pozarski v. Brooklyn Bridge Park Corporation, Brooklyn Bridge Park Conservancy, Inc., 64 Misc. 3d 1217, 117 N.Y.S.3d 460 (N.Y. Sup. Ct. 2019), the plaintiff was injured while swimming in a pool at Brooklyn Bridge Park when he struck his head against the pool wall. He sued multiple parties, including the City of New York, Brooklyn Bridge Park Corporation, Brooklyn Bridge Park Conservancy, and North Jersey Pool Management, alleging negligence in maintaining and supervising the pool. The court dismissed the claims against the City, finding it was an out-of-possession landlord that did not control or operate the pool. However, North Jersey Pool Management, which was responsible for operating the pool and employing lifeguards, remained a defendant.
• Gyms and Health Clubs: Gyms and health clubs that offer swimming pools to their members have a responsibility to provide a safe environment for exercise and recreation. This includes keeping the pool clean and well maintained, monitoring water quality, repairing slip hazards, and determining whether supervision is necessary based on how the pool is used. If we were investigating a gym-related pool injury, we would begin by requesting safety and maintenance records, checking whether water testing was performed regularly, and reviewing staff protocols for monitoring the area. We would also look at whether lifeguards or trained personnel were present when required and whether any previous complaints or hazards were ignored. If the facility failed to take reasonable precautions, it may be held legally responsible for the harm that occurred. For example, in Nikcevich v. Town Sports Int'l, Inc., 2017 N.Y. Slip Op. 31124 (N.Y. Sup. Ct. 2017) a gym member sued New York Sports Club after suffering a finger injury while swimming. She alleged that her hand came into contact with a broken underwater light fixture, which had been unlit for at least two weeks. The gym denied knowledge of the hazard and sought to dismiss the case, arguing there was no proof of negligence. However, the court found that the plaintiff presented enough evidence to raise questions about whether the gym had actual or constructive notice of the defect and whether it had failed to properly maintain the pool. As a result, the court denied the gym’s motion for summary judgment, allowing the lawsuit to proceed. This case highlights the potential liability gyms face when they fail to address known hazards in pool areas. Proper maintenance, routine inspections, and prompt repairs of damaged equipment are essential to prevent injuries and reduce legal risks.
• Schools and Educational Institutions: Schools and other educational institutions that operate swimming pools for lessons, athletics, or recreational use have a heightened duty of care, particularly when working with minors. That responsibility includes providing close supervision during all pool activities, keeping the pool and surrounding areas safe, and following all applicable safety regulations. When evaluating a school-related pool injury, we begin by requesting staff training and certification records to confirm that those supervising the activity were properly qualified. We review attendance sheets, schedules, or rosters to determine the number of staff members present and whether the level of supervision was appropriate given the age and number of students. We also request the school’s emergency procedures and look at whether those protocols were followed at the time of the incident. If surveillance footage exists, we request access and examine it closely. In addition, we review internal reports, speak with witnesses, and look into whether the school had received prior complaints or warnings about unsafe conditions. If the evidence shows that the school failed to meet its duty to protect students, it may be held legally responsible for the resulting injuries.
• Pool Maintenance Companies: Companies hired to provide pool maintenance services can be held liable if their negligence contributes to an accident. This includes failing to properly service pool equipment, ignoring hazards like broken tiles or faulty drain covers, or failing to maintain water quality at safe levels. When a pool accident appears to involve poor maintenance, we dig into the company’s service history by reviewing contracts, maintenance logs, and inspection records. We also check whether required tasks were completed, whether safety protocols were followed, and whether any prior issues were documented and addressed. If the records show that the company failed to meet accepted safety standards, it may be held responsible for the resulting injuries.
• Pool Equipment Manufacturers and Installers: Manufacturers of pool equipment and companies that install pools or related components can be held liable if a defect or installation error contributes to an accident. Product liability may apply when equipment is dangerously designed, lacks adequate warnings, or malfunctions during normal use. Installation contractors may also be held responsible if they failed to follow safety codes or manufacturer specifications. In evaluating these types of cases, we consult with engineering experts to inspect the equipment and assess whether it was defective or installed incorrectly. We also review purchase records, installation documentation, and any prior complaints involving the same product. If the facts show that the equipment was unreasonably dangerous or improperly installed, we pursue claims against the manufacturers or installers responsible.
• Life Guards or Pool Staff: Lifeguards or Pool Staff: Although lifeguards and pool staff are usually employees and not named as defendants, their actions can have a direct impact on whether an employer is held liable. If staff members are inattentive, poorly trained, or fail to respond appropriately during an emergency, that conduct may strengthen a claim against the pool’s operator, management company, or municipality. This is why we always examine how staff were selected, trained, and supervised. In assessing this type of negligence, we review staff training and certification records, pool staffing schedules, and any internal reports or witness statements related to the incident. We also examine whether emergency procedures were clearly established and followed. When the evidence shows that staff errors contributed to the harm, the entity responsible for hiring and supervising them may be held accountable.

The specific duty of care owed by these parties can vary slightly depending on the context and the legal status of the person using the pool (e.g., invitee, licensee).

The amount of time you have to file a swimming pool accident lawsuit depends on the type of claim involved.

• General Personal Injury Claims: New York law imposes time limits for filing a swimming pool accident lawsuit. Under CPLR § 214, personal injury claims must generally be filed within three years from the date of the accident. This time limit applies to claims seeking damages for medical expenses, lost wages, and pain and suffering due to negligence.
• Wrongful Death Claims: If the accident results in death, the statute of limitations for a wrongful death claim is two years under EPTL § 5-4.1. The two-year period begins from the date of the victim's death, not necessarily the date of the accident, which is important to consider when evaluating eligibility for filing a claim.
• Claims Against a Municipality: If the claim is against a government entity, such as a city-owned public pool, a notice of claim must be filed within 90 days of the incident, and a lawsuit must be filed within one year and 90 days under General Municipal Law § 50-e. Failure to meet these deadlines may result in the dismissal of the claim. Sometimes, the court may grant an extension under special circumstances, but this is not guaranteed.
• Minors: If the injured party is a minor (under 18 years old), the statute of limitations is typically paused (tolled) until they reach adulthood. In most cases, the three-year deadline begins when the individual turns 18, giving them until their 21st birthday to file a lawsuit. However, claims against municipalities still require a notice of claim within 90 days, so parents or guardians must act quickly to preserve legal rights.
• Incapacitated Individuals: If the victim is incapacitated due to the accident—such as suffering a traumatic brain injury or being rendered unconscious—the statute of limitations may be tolled until they regain the ability to understand and act upon their legal rights. The court will assess the extent of the incapacity and determine the appropriate timeframe for filing a claim.
• Failing to file within the applicable time frame may prevent recovery. Consulting a New York swimming pool accident lawyer early can help ensure compliance with filing deadlines.

The types of compensation available for swimming pool accident victims depend on the type of losses suffered by the victim. Compensation can cover not just medical bills, but also other losses, and address the emotional toll of the accident. If your injuries and suffering were caused by someone else’s negligence, they should be held accountable. Victims of swimming pool accidents may seek compensation for:

• Medical Expenses: Hospital bills, physical therapy, medications, and future medical costs.
• Lost Wages: Compensation for income lost due to inability to work.
• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of quality of life.
• Wrongful Death Damages: Funeral costs, loss of financial support, and other losses for surviving family members.

Your settlement can be affected if insurance covered some of your expenses. That doesn’t mean you won’t be compensated, but it does mean the insurance coverage must be carefully reviewed. We take the time to break down which losses were paid, which remain, and how they might impact negotiations or the final amount awarded.

• Subrogation Rights. We've seen time and time again insurance companies asserting subrogation rights, meaning they may try to recover the amount they paid toward your medical bills or related costs. But we know they are not always entitled to reimbursement. Whether repayment is required depends on the language in the insurance policy, the type of compensation received, and New York law. We always examine these factors closely and, when appropriate, push back to protect the full value of your settlement. Our New York swimming pool accident lawyers can help you understand your rights and work to reduce or eliminate any repayment
• Limitations on Reimbursement: Liability insurance from the responsible party may cover some expenses, but it does not always account for the full extent of the harm. In cases where there was a swimming pool injury, we almost always demand compensation for pain and suffering, since the physical and emotional impact can be long-lasting. Losses like emotional distress, reduced quality of life, and future lost income often go beyond what insurance will voluntarily pay. We have seen insurers try to argue that certain costs shouldn’t be paid again because they were already covered by another source. In these situations, we push back and work to make sure nothing is overlooked. As experienced New York swimming pool accident lawyers, we can help present the full picture and fight to secure the compensation the victim is truly entitled to.
• Collateral Source Rule: We always take time to consider whether the collateral source rule might apply. To make that determination, we review the payments you received from sources like health insurance, disability benefits, or other third-party programs. We look at what those payments were for, who issued them, and whether they were tied to any conditions or repayment requirements. We also compare those payments to the specific damages being claimed in your case. This analysis helps us determine whether the defense can legally seek an offset. A New York swimming pool accident lawyer from our team can explain how the rule applies and take steps to protect the full value of your recovery.

Swimming pool accidents can result in life-changing injuries or even death. If you or someone in your family was harmed because of a pool owner's negligence, hazardous conditions, or faulty equipment, you may have the right to pursue compensation. Speaking with an experienced swimming pool accident attorney serving New York can help you understand your rights, navigate the legal process, and pursue the financial recovery you are entitled to.

Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.