Who’s Liable if You Slip and Fall at a Pool?

Pool areas, while enjoyable for recreation and relaxation, can also contain dangerous hazards for visitors. Slip-and-fall accidents due to wet or uneven flooring can cause injuries like scrapes, broken bones, and head trauma. They can also lead to drowning when a victim hits their head and falls into the water.

A 2023 consumer report found that there were around 6,300 pool-related non-fatal drownings treated in the ER between 2020 and 2022. These incidents frequently affected children younger than 15, with 76% involving children under 5.

If you and your family are affected by injuries caused by a slip and fall at a pool, you can hold the responsible party liable for your damages. Learn who might be liable if you slip and fall at a pool and how a Syracuse slip-and-fall lawyer at Catalano Law can help.

What Is Premises Liability?

Premises liability in New York refers to the legal responsibility of property owners to ensure their property is safe for visitors. This involves regular maintenance, promptly addressing potential hazards to prevent injuries, and warning guests of dangers.

When it comes to pools, New York property owners face additional specific requirements. They must secure pool areas through fencing and locked gates to prevent unauthorized access. They must also regularly inspect and maintain the pool and its surroundings to eliminate risks such as slippery surfaces, inadequate lighting, or unsafe equipment.

These steps are crucial for safeguarding visitors and minimizing the risk of accidents and liability. If a public or private pool owner doesn’t uphold their duty of care, they can be held liable in a personal injury claim.

Potential Pool Area Hazards

Slip-and-fall accidents by the pool are often the result of a combination of wet conditions and inadequate warnings. These incidents can lead to serious injuries to victims. Common pool area hazards include:

• Wet and Slippery Surfaces: The pool deck and areas around diving boards and slides are especially prone to water accumulation, making them slick.

• Lack of Adequate Drainage: Insufficient drainage can leave water standing, increasing the slip risk.

• Inadequate Signage: Failure to warn visitors about slippery areas or depth changes in the pool can lead to accidents.

• Absence of Anti-Slip Materials: Not using anti-slip mats or strips in critical spots, like the pool edge or changing rooms, heightens the danger.

• Inadequate Supervision: The lack of attentive supervision, especially for children, increases the risk of accidents due to running or unsafe behavior near the pool.

• Poor Lighting: Inadequate lighting around the pool area can obscure visibility, making it difficult to see slippery spots or obstacles.

Factors That Determine Fault in Slips and Falls at a Pool

Several elements come into play when determining liability for slip-and-fall accidents at a pool. Your attorney from Catalano Law can evaluate the following factors to determine who is responsible for your injuries and file against the appropriate party:

• Duty of Care and Breach: Our attorneys will assess if the property owner or manager fulfilled their obligation to maintain a safe environment. For example, we can investigate whether they neglected essential pool maintenance, like failing to repair a broken pool ladder, compromising guest safety.

• Causation and Actual Harm: We can examine the link between the owner’s negligence and the accident. For example, this could involve determining if your slip-and-fall injury resulted from water left on the walkway without any caution signs.

• Contributory Negligence: We can consider if the accident was foreseeable and if your behavior contributed to your injuries under New York’s pure comparative negligence law. For example, running around the pool despite clear “No Running” signs could make you partially at fault and impact your compensation.

• Warnings and Safety Regulations Compliance: Our attorneys can verify the adequacy of hazard warnings and the compliance of the pool area with local safety codes. This could include checking if there were signs indicating wet flooring or the need to walk slowly to prevent slip and falls.

• Multiple Liable Parties: Our attorneys also investigate whether more than one party contributed to the accident, such as the property owner, pool maintenance staff, equipment manufacturers, and party organizers.

For instance, if a faulty drain design led to standing water, causing your slip and fall, we can help you hold both the drain manufacturer and property owner responsible.

Get Legal Advice From Catalano Law After a Pool Accident

Slip-and-fall accidents at pool areas can result in severe injuries and legal complexities. If you’ve been injured in a slip-and-fall incident at a pool, you need skilled legal representation to protect your interests.

At Catalano Law, our team of qualified personal injury attorneys is dedicated to helping victims pursue the compensation they deserve. We’ve won millions for accident victims throughout Central New York and the Southern Tier and can help you maximize your compensation.

Contact us today for a free consultation to discuss your case and explore your legal options.