What to Know About Pool Accidents in New Jersey

Reviewed by Daniel P. McNerney, Esq.

As summer approaches, it is important to know how pool accidents happen and what to do in the event of an injury. Whether you are hosting a party for the Fourth of July or celebrating the end of the season over Labor Day weekend, a fun three-day weekend can quickly turn into a crisis if safety is ignored. Read on to learn more.

What Are the Primary Causes of Swimming Pool Accidents?

Pools are much more dangerous than you may realize. If a pool owner is negligent, serious accidents can occur. It’s critical to understand that, in accordance with New Jersey premises liability laws, pool owners are legally obligated to ensure their pool area is safe and secure. As such, pool owners can face liability for uninvited guests or children who are injured on their property due to unsafe conditions, as property owners are responsible for ensuring the premises are safe and secure.

Under New Jersey premises liability standards, property owners owe a strict duty of care to ensure their premises are free from hazardous conditions that could foreseeably cause injuries to visitors. Some important precautions to take include:

• Never leave a child unattended in the water or near it
• If there is a deep end where guests cannot stand, make sure they are able to swim properly
• Stay away from drains and have covers for them, ensuring all drain covers are fully compliant
• Install barriers, covers, alarms, and fencing on and around the pool
• Stow away portable ladders when they are not being used. Sometimes, small children who are unable to swim are attracted to pools. If the ladder is removed safely, the child will not be able to climb into the pool and harm themselves
• It can be beneficial to know how to perform CPR in the event that a swimmer is drowning
• Swim sober
• Keep electronic devices away from the pool to avoid electrocution
• Inform all swimmers of shallow areas where they cannot dive
• Ensure children and other vulnerable swimmers are properly equipped with safety flotation devices when in or around the pool
• Address slick surfaces around the deck area promptly to prevent slip and fall hazards

Fulfilling the Burden of Proof in a Premises Liability Claim

If you have been injured due to another party’s negligence, you will have to provide proof of this negligence to qualify for financial compensation. In order to do this, you should call 911 right away. The police can send an ambulance to the scene, file an accident report, and more. If anyone saw your accident occur, ask for their name and contact information. They may be able to corroborate your version of events or provide important information from an outside perspective. If possible, take pictures and videos at the scene of the accident and document the hazardous conditions that caused your accident to occur. One of the most important things you can do is to visit the hospital after your accident. This will ensure that your injuries are properly treated by a medical professional while simultaneously providing you with proof of the origin and extent of your injuries.

Successfully proving your claim allows you to recover compensation to help cover the costs of your medical bills, lost wages, in-home care, and other damages.

New Jersey implements a strict statute of limitations for personal injury claims, including those that happen in or around swimming pools. As such, injured parties only have two years from the date on which the injury occurred to pursue compensation for the damages they have suffered. Failure to meet this deadline can result in a permanent bar on recovering compensation, even when damages and negligence are obvious. This deadline is strictly enforced in civil courts pursuant to N.J.S.A. 2A:14-2. Reach out to an experienced personal injury attorney who can help you gather further evidence and ensure you meet all legal deadlines.

Additionally, if the pool injury happens on public or government-owned property, like a municipally owned and operated pool, the injured party must file a Notice of Claim within 90 days of the incident. In accordance with the New Jersey Tort Claims Act, this step must be satisfied before a lawsuit can be filed.

If you or a loved one has been injured in a pool accident in New Jersey, contact our experienced firm to discuss your case today.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.