Injured at the Apartment Pool: Who Can Be Held Liable?

Many apartment buildings and complexes constructed in the past decade or so have included swimming pools as an amenity for residents. Swimming pools give residents somewhere to go on a hot day and provide a place for the community to socialize. Of course, without proper precautions and care, a swimming pool can also easily be the scene of a devastating accident. Accidents such as drownings and slips and falls often occur in and around swimming pools. When an accident occurs at an apartment building or complex swimming pool, who can be held liable for the injuries that result?

How Apartment Managers Can Keep Pool Areas Safe

Although having a swimming pool can make an apartment building or complex more attractive to prospective tenants, it also poses a risk of liability to the owners and managers of those buildings or complexes. Owners and managers can help keep swimming pool areas safe for tenants and their guests by:

• Having fencing around the pool or other water amenity to prevent people from accidentally falling in or drowning.
• Keeping swimming pool areas well-lit if they are accessible at night.
• Performing regular maintenance of the swimming pool areas.
• Posting conspicuous safety signage around the pool area, including pool depth or other potential hazards such as floors becoming slippery due to water from the pool.
• Posing swimming pool area rules, such as prohibiting diving, running, horseplay, or consuming alcohol.

As a general rule, an apartment building or complex owner may potentially be held liable under premises liability law if a tenant or their guest suffers an injury in the building or complex’s swimming pool area. This makes it critical for apartment owners and managers to ensure that they do everything possible to make the swimming pool amenities safe. 

Common Swimming Pool Accident Injuries

Depending on the type of accident, a swimming pool accident can lead to any number of injuries, including:

• Drowning injuries, including brain damage from lack of oxygen.
• Infections and other illnesses from contaminated water
• Broken bones
• Dislocated joints
• Soft tissue injuries
• Head injuries
• Traumatic brain injuries
• Spinal cord injuries and paralysis

When these injuries result from a swimming pool accident that can be attributed to the failure of the apartment owner or manager to keep the swimming pool safe for tenants and guests, the owner or manager might be held liable for such injuries. 

Liability for a Swimming Pool Accident at an Apartment Complex

An apartment owner or management company might be liable for a swimming pool accident for acts of negligence that may include:

• Failing to install fencing or safety railings to prevent accident falls or drownings.
• Failing to perform proper maintenance of facilities.
• Failing to regularly clean pools and other water features, allowing water to become contaminated and unsafe.
• Failing to restrict access to swimming pool areas during times when use would be unsafe, such as at night.
• Failing to post warning signs regarding potential hazards.
• Failing to adopt and post rules that facilitate safe use of the swimming pool amenities. 

However, a tenant or their guest may bear liability for their own accident and injury when they disregard posted rules and safety signage and engage in unsafe behaviors like diving into shallow pools, running on slippery surfaces, or becoming intoxicated by alcohol while swimming.

Contact a Personal Injury Lawyer Near You to Discuss Your Swimming Pool Accident Case in New Jersey

Were you or a loved one injured due to a swimming pool accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured because of swimming pool accidents in Westfield, Berkeley Heights, Mountainside, New Providence, and throughout Union County, Monmouth County, Ocean County, and Middlesex County. Call (732) 576-8860 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.