As the weather warms, pool accidents will increase. Pool owners are ultimately responsible for ensuring that these fixtures and the surrounding areas are safe for those on their premises. Unfortunately, failure to do so can often result in preventable injuries. Commonly, unsafe conditions include a lack of supervision, inadequate barriers, and failure to warn of hazards. If you are injured in a pool accident in Edison, Metuchen, New Brunswick, or anywhere else in Middlesex County, read on to learn more.
What Is Pool Owner Negligence in New Jersey?
Pool owner negligence occurs when an individual fails to take reasonable safety precautions, like installing fencing or addressing hazards, and that failure leads directly to an injury.
Pool owners have a legal obligation to ensure their premises are reasonably safe for those lawfully on their property, including guests, tenants, or visitors. Under New Jersey law, pool owners are required to prevent foreseeable harm, especially when dangerous conditions are present.
Legal Elements of Pool Negligence
- Duty of care: The pool owner had a legal obligation to ensure the safety of the premises for lawful visitors
- Breach of duty: Failure to ensure the property is safe, such as failing to install fences or supervise children, ultimately breaches the duty of care owed
- Causation: The unsafe property conditions directly caused your injuries
- Damages: The injuries you suffered have caused measurable damages
What Are Some Examples of Pool Owner Negligence in New Jersey?
Pool owners can behave negligently in several ways. Unfortunately, these matters are often preventable, meaning many injuries happen that are unnecessary and avoidable.
Common Causes of Pool Accidents
- Failing to ensure all barriers, alarms, and covers are installed around the pool area
- Failing to tell others not to use electronic devices in the pool
- Neglecting children by leaving them unsupervised while swimming
- Failing to ensure everyone is swimming sober
- Failing to place “wet floor” and other hazard warning signs when necessary
- Failing to ensure that all children unable to stand in the water are wearing the proper floatation devices
- Failing to warn all parties that there are no safe diving zones
How Do Most Pool Accidents Happen in New Jersey?
Unfortunately, the majority of swimming pool accidents are preventable and result from unsafe conditions and human error. Not only can understanding the cause help you better identify the responsible party, but it can also help ensure you are alert to potential hazards to reduce the risk of harm.
Leading Factors in Pool Injury Cases
- Lack of adequate supervision, especially when children are involved
- Absence of legally required fencing or locked access points
- Slippery pool decks without adequate warnings
- Improperly marked shallow areas
- Alcohol or drug use
- Defective equipment or electrical systems
What Should I Do Following a Middlesex County Pool Accident?
If you have been injured due to another party’s negligence at a pool in Edison, Woodbridge, or any other Central Jersey community, taking the correct steps is critical to protecting your health and right to pursue a legal claim against the negligent party
Steps to Take Following a Pool Accident
- Calling 911
- The police can send an ambulance, file an accident report, interview witnesses, and more.
- Obtaining witness contacts
- 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 an important outside perspective.
- Documenting the scene
- Take photos and videos at the scene of the accident. If possible, document the hazardous conditions that caused your accident to occur.
- Seeking medical attention
- You should go to the hospital, your doctor, or an urgent care facility right away. Some individuals attempt to heal on their own, but this is likely a bad idea. Seeing a doctor will ensure that your injuries are treated by a medical professional, and it will also provide you with important proof of the origin and extent of your injuries. Before leaving, ask your doctor for a copy of any relevant medical documents.
How Long Do I Have to File a Claim?
If you wish to take legal action, you will have to do so within a certain amount of time. This deadline is known as a statute of limitations. In New Jersey, the statute of limitations for a personal injury claim is generally two years. This means that if you fail to file within two years of the date of the accident, you will likely lose your opportunity to recover the compensation you deserve. This deadline applies to most personal injury lawsuits in New Jersey, including pool accident injury claims.
Contact Our Experienced New Jersey Injury Firm
Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey, that is committed to helping clients who have been hurt due to another party’s negligence. If you have been involved in a pool accident in Edison, New Brunswick, Metuchen, or any other Central Jersey community, please do not hesitate to contact our firm today.
