Owner’s Liability For A Swimming Pool Drowning 

Western New Yorkers finally get a chance to enjoy some nice weather during the summer months. Many locales flock to swimming pools to cool off as the weather heats up. Pools provide an excellent way for parents to keep their kids entertained while swimming or relaxing in the sun. Unfortunately, a lovely pool day can become a tragic nightmare when pool owners fail to provide basic safety precautions or children are left unsupervised. According to the Centers for Disease Control and Prevention (CDC), around ten victims lose their lives daily in unintentional drownings. When a loved one suffers injury or drowns in a pool, the property owner can be held responsible for the damages.

Factors That Increase The Risk Of Drowning 

Drowning is the 2nd leading cause of all unintentional injury fatalities, behind only car accidents. Children ages 1-14 suffer approximately 20 percent of drowning deaths. The following elements significantly heighten the risk of drowning:

1. Age: Most drownings occur in home swimming pools among toddlers ages 1-4.
2. Not Knowing How to Swim: Taking formal swimming lessons can decrease children’s and adults’ chances of drowning. 
3. Intoxication: Drinking alcohol factors in roughly 25 percent of emergency department visits related to drowning each year.
4. Missing or Inadequate Fencing: Proper barriers that separate a pool from the house and yard decrease the risk of child-related drownings by over 80 percent.
5. Lack of Close Supervision: Drownings often happen suddenly and quietly, especially to unsupervised children. Small children have been known to drown in as little as 20 seconds.

Property Owners Are Responsible For Their Pools

Residential pools are to blame for nearly 90 percent of all drownings connected to young children. Preventing drownings when no one is around to rescue children is just as important as implementing preventative measures during regular use. Every property owner has a legal duty to keep their property reasonably safe for guests. When property owners have swimming pools, they are also obligated to ensure that the pool is always adequately secured and that individuals using it are not subjected to unnecessary risks. The owner can be held liable when drownings occur because of irresponsible pool owner practices, such as negligent supervision, poor maintenance, lack of proper safety equipment, or inadequate fences. Additionally, owners may be held liable for drownings of child trespassers under the doctrine of attractive nuisance. 

Call Western New York’s Top Rated Swimming Pool Drowning Attorneys

For every child who has passed away from drowning, another 8 receive emergency medical treatment for non-fatal drownings. Drowning-related injuries often cause children to suffer learning disabilities, memory loss, severe brain damage, and even permanent vegetative states. Jed Dietrich, Esq. aggressively fought for a $7,000,000.00 settlement for a 37-year-old woman who suffered a brain injury in a near-drowning accident. Our battle-tested attorneys would be honored to fight for the compensation that your family rightfully deserves. Take your first step by contacting our elite firm at 716-839-3939 or completing the online consultation form.