My Child Drowned at a Swimming Pool on Long Island: Can I Sue?

As temperatures rise, families in Long Island are heading to swimming pools to cool off. If your child drowned at a Manhasset swimming pool, contact Cohan Law, PLLC to discuss the possibility of a drowning lawsuit.

What Are the Lifeguard Laws on Long Island?

The first step is to determine whether lifeguards were legally required to be present at the pool in question. Generally speaking, lifeguards are mandatory for all public pools in the State of New York. However, a private pool may operate without a lifeguard. Lifeguards are required at places like hotels, resorts, and some residential apartment complexes.

You might also have to consider the size of the pool when determining whether a lifeguard was supposed to be present. Smaller pools may not require supervision, particularly if they are less than 2,000 square feet and less than five feet deep. A private pool in someone’s backyard does not need a lifeguard.

If a pool is able to operate without a lifeguard, it must still take certain safety measures. For example, a latched gate is generally required to stop people from wandering in and drowning. The pool must also post clear, legible signs warning individuals that there is no lifeguard on duty.

Because of these factors, it may still be possible to file a lawsuit if the pool in question was not legally required to hire lifeguards.

What About Public Beaches?

Long Island is home to many public beaches, and these areas become quite busy during the summer season. In New York, “beach season” generally spans from Memorial Day to Labor Day. During this time, state-regulated beaches typically must have lifeguards. If your child drowned at a public beach during normal operating hours in beach season, you may be able to file a lawsuit against the local county or municipality.

That being said, beach swimmers must still follow certain rules. Perhaps most notably, they must remain within designated swimming areas. If your child ventured too far or too deep despite warnings from lifeguards, a lawsuit could be difficult. Parents also share a certain degree of responsibility for watching their children, and a lack of parental supervision could make some claims challenging.

Key Takeaways

• If your child drowned at a pool, you may be able to sue the property/business owner
• Pools may need to have a certain number of lifeguards present
• A wrongful death lawsuit can help cover funeral costs and other damages

Can a Drowning Lawyer in Manhasset Help Me?

A wrongful death lawyer in Manhasset may be able to help you take legal action on behalf of your deceased child. Pool owners have a legal duty of care to supervise children and hire an adequate number of lifeguards in many situations.

Did your child drown in a preventable accident at a pool? Contact Cohan Law, PLLC at 212-601-2693 to discuss the next potential steps during a free consultation.

Sources:

 northhempsteadny.gov/departments/parks_recreation/park_rules.php

health.ny.gov/publications/3141/index.htm