Swimming Accident Lawyer
SWIMMING ACCIDENT LAWYER BROOKLN, NY
Your safety in and around the water is the responsibility of the property owners, operators, and supervisors who control that environment. When pool owners neglect maintenance, lifeguards fail to respond, or dangerous conditions go unaddressed, swimmers pay the price with catastrophic injuries or their lives. These tragedies are preventable, and the parties responsible must be held accountable.
Our Brooklyn attorneys have been fighting for swimming accident victims and grieving families since 2008. We know how to investigate aquatic accidents, identify every liable party, and pursue the full compensation you are owed. You pay nothing unless we win.
$45M+
RECOVERED FOR CLIENTS
2008
ESTABLISHED IN BROOKLYN
$0
FEE UNLESS WE WIN
After the Accident
What to Do After a Swimming Accident
Swimming accidents can produce life-altering injuries in seconds. Acting quickly protects both your health and your legal rights.
Call 911 and Get Emergency Medical Care
Even if the injured person appears stable, call 911 immediately. Drowning and near-drowning victims can experience delayed onset of respiratory failure, brain injury, and cardiac complications. A same-day emergency evaluation is essential and creates critical documentation for your claim.
Report the Incident to the Facility
Notify the pool operator, facility manager, or property owner before leaving. Request that a written incident report be filed and keep a copy. Note the names of all staff present, including any lifeguards on duty at the time of the accident.
Document the Scene
Photograph the pool area, any visible hazards, drain covers, depth markings, safety equipment, signage, and the victim’s injuries. Note the time, date, and conditions at the scene including whether a lifeguard was present and positioned.
Identify All Witnesses
Other swimmers, bystanders, and facility staff who witnessed the accident can provide critical testimony. Collect names and contact information before anyone leaves the scene.
Contact an Attorney Before Speaking to Any Insurer
Pool operators and property owners carry liability insurance, and their carriers will move quickly to investigate and limit exposure. Do not provide a recorded statement or accept any offer before speaking with our team.
Common Causes
Common Causes of Swimming Accidents in New York
Absence or Negligence of Lifeguards
Pools that operate without required lifeguard coverage, or with lifeguards who are inattentive, undertrained, or fail to respond in time, bear direct responsibility when a swimmer drowns or suffers a serious injury.
Defective or Uncovered Drains
Drain entrapment is one of the most dangerous and underreported hazards in swimming pools. Powerful suction from uncovered or improperly covered drains can trap swimmers underwater, causing drowning and severe injury.
Slippery Pool Decks
Wet pool deck surfaces without adequate anti-slip treatment or warning signage cause falls that result in head injuries, spinal trauma, and broken bones, particularly among children and elderly swimmers.
Diving Area Hazards
Pools with insufficient depth markings, improperly maintained diving boards, or unclear prohibited diving areas create conditions that lead to catastrophic head and spinal cord injuries.
Unsafe Pool Chemicals
Improperly maintained water chemistry, chemical mishandling, or failure to warn swimmers of recent chemical treatment can cause respiratory injury, chemical burns, and serious illness.
Inadequate Fencing and Access Controls
Residential and commercial pools that lack proper fencing, self-closing gates, or adequate barriers allow unsupervised children to access the water, creating conditions for tragic drownings.
Open Water and Beach Hazards
Beaches and open water areas without adequate lifeguard coverage, rip current warnings, or clearly marked swimming zones expose swimmers to preventable dangers that operators have a duty to address.
Injuries We Handle
Swimming Accident Injuries We Represent
Swimming accidents produce some of the most devastating injuries in personal injury law, including catastrophic brain and spinal injuries from near-drownings and diving accidents. Our attorneys represent victims and families across the full range of aquatic injuries.
- Traumatic Brain Injuries from Near-Drowning
- Anoxic Brain Injury from Oxygen Deprivation
- Spinal Cord Injuries & Paralysis from Diving
- Drain Entrapment Injuries
- Broken Bones & Fractures from Falls
- Lacerations and Scarring
- Chemical Burns and Respiratory Injuries
- Soft Tissue and Nerve Damage
- Hypothermia and Submersion Injuries
- Psychological Trauma and PTSD
- Permanent Disability and Cognitive Impairment
- Wrongful Death by Drowning
Your Recovery
What Compensation Can You Recover?
Swimming accident claims in New York may involve pool owners, facility operators, lifeguard services, equipment manufacturers, and municipal agencies depending on where the accident occurred and who was responsible. Property owners have a heightened duty of care when it comes to pools and aquatic facilities, particularly where children are involved. Our attorneys pursue every available source of compensation on your behalf.
- All past and future medical expenses
- Emergency care and hospitalization costs
- Lost wages and lost earning capacity
- Rehabilitation and long-term care costs
- Future costs related to permanent disability
- Pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Permanent disability or cognitive impairment
- Loss of consortium for your family
Why Cherny & Podolsky
Brooklyn's Trusted Swimming Accident Law Firm Since 2008
We Investigate Every Detail
Swimming accident cases require prompt and thorough investigation before evidence disappears, pool conditions are corrected, and surveillance footage is overwritten. Our attorneys move quickly to preserve the evidence your case depends on.
Over $45 Million Recovered
Our track record speaks for itself. We have secured millions in settlements and verdicts for seriously injured clients and grieving families throughout Brooklyn and the greater New York area.
Locally Rooted in Brooklyn
We are a Brooklyn law firm at 2681 East 14th Street, not a national referral service. We know the local courts, the municipal pool regulations, and the safety standards that govern aquatic facilities throughout New York City.
Multilingual Legal Team
Our staff serves clients in English, Russian, Spanish, and more. Every client deserves to fully understand their rights and their options, and we make sure they do.
No Fee Unless We Win
We handle all swimming accident cases on a contingency fee basis. You pay absolutely nothing upfront. Our fee comes only from the compensation we recover for you.
Direct Attorney Access
You will work directly with your attorney from your first call to your final settlement. No paralegals, no case managers, no runaround.
Common Questions
Frequently Asked Questions
Who can be held liable for a swimming pool accident in New York?
Liability depends on the type of facility and the cause of the accident. Pool owners and operators have a duty to maintain safe conditions, provide required lifeguard coverage, and address known hazards. Lifeguard staffing companies may face independent liability for negligent supervision or inadequate training. Equipment manufacturers can be held responsible for defective drains, diving boards, or pool components. Municipal agencies operating public pools may face claims subject to Notice of Claim requirements. Our attorneys will investigate every angle to identify every liable party.
How long do I have to file a swimming accident lawsuit in New York?
The general statute of limitations for personal injury claims in New York is three years from the date of the accident. For wrongful death claims the deadline is two years from the date of death. If the accident occurred at a public pool or facility operated by the city or a government agency, you may have as little as 90 days to file a Notice of Claim. Contact us as soon as possible to ensure your deadlines are protected.
Can I file a claim if a child was injured or drowned in a swimming pool?
Yes. Pool owners owe a heightened duty of care to children, and New York’s attractive nuisance doctrine recognizes that pools and water features are particularly enticing and dangerous for young children. Inadequate fencing, unsecured access points, and absent lifeguard coverage are all forms of negligence that can support a strong claim. In New York, the statute of limitations for a minor’s personal injury claim does not begin to run until the child turns 18, giving families additional time to file.
What if the swimming accident occurred at a hotel or resort pool?
Hotel and resort operators are responsible for maintaining safe pool conditions for their guests. This includes adequate lifeguard coverage during posted hours, properly functioning drain covers, anti-slip deck surfaces, clear depth markings, and functioning rescue equipment. If a hotel pool accident caused your injuries, the hotel operator and property owner may face premises liability claims. Our attorneys handle swimming accident claims against all categories of commercial pool operators.
Can I recover compensation if the accident occurred at a public beach?
Yes, though claims against public beach operators including city and state agencies are subject to strict Notice of Claim requirements. You typically have just 90 days from the date of the accident to file a Notice of Claim against a government entity. Grounds for a public beach claim may include inadequate lifeguard coverage, failure to post rip current warnings, and unmarked hazards in the swimming area. Acting quickly is critical in these cases.
How much is a swimming accident case worth in New York?
The value of your case depends on the severity of the injuries sustained, the degree of permanent neurological or physical impairment, your medical expenses, your lost income, and the number of parties who share liability. Swimming accident cases involving near-drowning with brain injury or fatality are among the most significant in personal injury law. We offer free consultations to give you a thorough and honest evaluation of your specific situation.
Injured or Lost a Loved One in a Swimming Accident?
Do not wait. Pool conditions get corrected, surveillance footage gets overwritten, and witnesses move on. The sooner our team gets involved, the stronger your case will be.
Call us today for a free consultation. We will review your accident, answer every question you have, and walk you through your options with no pressure and no upfront cost.
