A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Swimming Pool and Drowning Accident Lawyer — Westbury, NY

Recovery and Advocacy

Guide to Swimming Pool and Drowning Injury Claims

If you or a loved one has been injured in a swimming pool incident in Westbury, Nassau County, the Ahearne Law Firm PLLC is prepared to help you understand your legal options and pursue fair compensation. Pool and drowning accidents can lead to serious medical needs, long recovery periods, and major financial strain, and families often need clear guidance while dealing with insurers, property owners, or public entities. Allan J. Ahearne, Jr. and the firm provide local representation focused on thorough investigation, preserving evidence, and explaining each step in plain language. Call (845) 986-2777 to discuss the specifics of your case and learn how we can assist your family.

Swimming pool and drowning incidents occur in many settings, including private residences, apartment complexes, community pools, and public facilities, and they can involve hazards like inadequate fencing, poor supervision, defective equipment, or unsafe design. Identifying who may be legally responsible often requires prompt collection of maintenance records, witness statements, lifeguard rosters, and surveillance footage, and timely action preserves important evidence. We focus on gathering what insurers and property owners may try to withhold, and on explaining potential claims for medical bills, rehabilitation, lost wages, and in tragic cases, compensation for survivors. Early consultation helps preserve your rights and plan a pathway forward for recovery and accountability.

Why Legal Support Matters After a Pool or Drowning Accident

A prompt and focused legal response helps families secure medical documentation, preserve evidence, and coordinate with medical providers to document the full scope of injuries and ongoing needs. Legal assistance ensures that deadlines such as statutes of limitations are met and that communications with insurers are handled strategically to avoid premature or low offers that do not reflect long-term damages. Attorneys can work to obtain maintenance logs, incident reports, and expert opinions about lifeguard staffing or equipment failures, and they can negotiate for compensation that covers past and anticipated medical care, lost income, physical therapy, and other impacts on daily life.

About The Ahearne Law Firm and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC serves clients across the Hudson Valley and Nassau County from a patient-centered perspective, helping people in Westbury and surrounding communities navigate the aftermath of serious personal injuries. Allan J. Ahearne, Jr. leads the firm’s personal injury matters and focuses on thorough case preparation, clear client communication, and aggressive negotiation on behalf of injured clients and families. The firm builds claims based on documentation of harm, careful investigation of liability, and practical planning for future needs, and it represents clients in settlement discussions and, when needed, litigation to pursue full recovery for medical bills, lost wages, and other damages.

Understanding Swimming Pool and Drowning Injury Claims

Claims arising from pool and drowning accidents are commonly grounded in premises liability and negligence law, where the central question is whether a property owner, manager, municipality, or other responsible party failed to exercise reasonable care to prevent foreseeable harm. This can include inadequate fencing, missing safety signage, defective pool drains or filters, lack of trained supervision, or dangerous design and maintenance practices. Each claim requires collecting and preserving evidence such as inspection records, incident reports, surveillance footage, witness statements, and expert analysis to show how the responsible party’s actions or inaction led to injury or death.

Recoverable damages in pool and drowning cases may include past and future medical expenses, rehabilitation and therapy costs, lost income, loss of earning capacity, pain and suffering, and in fatal cases, damages available to surviving family members under wrongful death statutes. Negotiating with insurers often requires clear documentation of prognosis and anticipated future care needs, and when multiple parties are involved — for example, a property owner and a manufacturer of defective equipment — the claim can become legally complex. Early legal consultation helps preserve claims, identify responsible parties, and develop a strategy tailored to medical and financial realities.

Need More Information?

Key Terms and Glossary

Negligence

Negligence is the legal framework used to determine whether someone failed to act with reasonable care under the circumstances, resulting in harm to another person. In the context of swimming pools, negligence can mean failing to maintain safe gates, not providing adequate supervision, allowing dangerous conditions to persist, or failing to warn of hidden hazards. To prove negligence, a claimant must show that a duty of care existed, that it was breached, that the breach caused the injury, and that the injury resulted in measurable damages such as medical expenses, lost income, or pain and suffering. Investigation and documentation are essential to establish each of these elements.

Wrongful Death

A wrongful death claim arises when a person dies because of another party’s negligent or wrongful conduct and surviving family members seek compensation for their losses. In drowning cases, a wrongful death action can address funeral and burial costs, loss of financial support, loss of consortium, and the emotional harms suffered by spouses, children, and other eligible survivors under New York law. These claims require a careful review of liability, timely filing within statutory deadlines, and documentation that links the defendant’s conduct to the fatal outcome, including medical reports, scene investigation, and records relating to supervision or safety measures at the pool.

Premises Liability

Premises liability refers to the legal responsibility of property owners and managers to maintain safe conditions and to warn of known dangers that could cause injury to visitors. In swimming pool matters, premises liability can apply to homeowners, condominium associations, apartment landlords, municipalities, and commercial operators when their failure to inspect, maintain, or secure a pool creates foreseeable risks. The scope of liability depends on the status of the injured person, the reason for their presence on the property, local codes and regulations, and whether the owner took reasonable steps to prevent harm. Investigating maintenance logs, permits, and staff training records often reveals whether reasonable care was taken.

Comparative Fault

Comparative fault is a legal concept that reduces any recovery to reflect the injured person’s own share of responsibility for an accident, when applicable. Under New York rules, if a court finds that an injured party bears some portion of fault for a pool accident, their recoverable damages may be reduced proportionally; in some cases, recovery can be barred if the injured party’s fault exceeds a specified threshold. Determining comparative fault often involves careful review of the circumstances, witness testimony, and evidence such as lighting, signage, supervision, and whether warnings were adequate, all of which shape how fault is allocated among the parties.

PRO TIPS

Tip: Preserve Evidence

Preserving evidence after a pool accident is essential to building a strong claim, so document the scene with photographs, secure any damaged equipment, and keep torn or bloodied clothing in a safe place, as these items may show the nature of injuries and hazards. Obtain witness names and contact information as soon as possible and request copies of incident reports from pool operators, lifeguards, or property managers, because records can be altered or lost over time. Prompt legal review can guide proper preservation steps and help ensure maintenance logs, surveillance footage, and other crucial materials are collected before they disappear.

Tip: Seek Immediate Medical Attention

Getting immediate medical care after a pool incident protects your health and creates a medical record that links injuries to the event, which is important for any claim for compensation, so follow through on recommended tests and follow-up appointments even if symptoms seem delayed or subtle. Keep detailed records of treatments, prescriptions, and rehabilitation appointments because these documents support claims for damages and provide a clear chronology of care. Clear medical documentation helps explain the full extent of injuries, anticipated ongoing treatment, and associated costs when negotiating with insurers or litigating a claim.

Tip: Avoid Early Settlement

Avoid accepting the first settlement offer from an insurance company without understanding the total long-term cost of injuries, as early offers are often lower than what is needed to cover future medical care and lost earnings. Consult a legal advisor to evaluate an offer in light of medical prognosis, rehabilitation needs, and potential out-of-pocket expenses, and to ensure the release language does not inadvertently foreclose other claims. Taking time to assess the true impact of injuries and to obtain necessary documentation helps families make an informed decision about whether a settlement fairly compensates their losses.

Comparing Legal Options After a Pool or Drowning Accident

When a Full Legal Approach Helps:

Serious Injuries or Death

When injuries are severe or a tragic death has occurred, a thorough legal approach is often necessary to secure resources for long-term medical care, rehabilitation, and family support, because insurers and responsible parties may resist full accountability. Complex medical records and future care estimates require expert opinion, detailed economic analysis of earning losses, and strategic negotiation or litigation to achieve compensation that reflects long-term needs. Families facing catastrophic outcomes benefit from a methodical approach that prioritizes clear documentation, persistent investigation, and a focus on securing durable financial solutions.

Complex Liability Issues

A wide-ranging legal response is important when multiple parties might share responsibility, for instance when a municipality, contractor, property owner, and equipment manufacturer all played a role in unsafe conditions, because identifying the correct defendants and pursuing claims against each requires careful investigation. Determining responsibility often means reviewing maintenance contracts, inspection records, design plans, and product histories to locate failures or omissions that contributed to the incident. In these situations, coordinated claims, depositions, and targeted discovery help assemble the factual record needed to support full recovery for injured individuals or grieving families.

When Limited Legal Help May Be Appropriate:

Minor Injuries and Clear Liability

A more limited legal response can be suitable when injuries are relatively minor, liability is clearly established, and medical costs are confined to a short period, as straightforward documentation and negotiation with an insurer can resolve the claim without extensive litigation. Even in simpler matters, legal review can ensure settlement offers cover medical bills and short-term income loss, and can advise on whether a release is fair. Choosing a proportional approach helps avoid unnecessary expense while still protecting an injured person’s ability to recover appropriate compensation.

Quick, Straightforward Insurance Claims

When an insurance claim is straightforward—such as a clear liability admission and limited medical treatment—a focused negotiation may resolve the matter quickly and economically, allowing the injured person to return attention to healing rather than lengthy legal procedures. In those cases, a brief attorney review and targeted negotiation can help ensure offers are reasonable and that releases are appropriately limited to the incident. Even with a limited approach, careful documentation and quick action preserve options and prevent surprises down the line.

Common Circumstances That Lead to Pool and Drowning Claims

Private Pool Accidents

Private pool incidents often arise from inadequate fencing, unlocked gates, lack of pool covers, or poor supervision, and these shortcomings can lead to both child injuries and adult drownings when access is uncontrolled or hazards are present. Cases involving private pools frequently require investigation into property owner responsibilities, homeowner association rules, and whether reasonable safety precautions were in place or neglected, because establishing that a preventable condition existed is central to holding a property owner accountable.

Public or Community Pools

Community and public pool incidents can involve failures in lifeguard staffing, inadequate training, poor maintenance, or unsafe water chemistry, and these factors may expose municipalities, community associations, or pool operators to liability when they contribute to injuries or drownings. These claims often hinge on records related to staffing schedules, training documentation, inspection reports, and maintenance logs, and securing such records quickly is important to determine whether the operator met reasonable safety standards.

Pool Maintenance and Equipment Failures

Accidents caused by defective drains, malfunctioning filters, broken ladders, or absent covers can indicate product liability or negligent maintenance by pool service providers, and investigating repair histories and service contracts helps identify responsible parties. When equipment failure contributes to injury, coordinated review of maintenance invoices, service logs, and manufacturer information supports claims for compensation and can reveal systemic problems that create recurring hazards.

Westbury Swimming Pool Injury Lawyer

Why Hire The Ahearne Law Firm for Pool and Drowning Claims

The Ahearne Law Firm PLLC offers local representation to clients in Westbury and Nassau County, focusing on clear communication, prompt investigation, and practical planning for medical and financial recovery. We prioritize working closely with medical providers to document injuries, obtaining scene evidence such as surveillance footage and maintenance records, and explaining the legal process in straightforward terms so families can make informed decisions. If negotiations do not fairly compensate an injured person or family, we are prepared to pursue additional remedies through litigation to seek the outcome needed to address past and future losses.

For families facing the emotional and financial fallout of a pool accident, the firm seeks to minimize burdens by managing claims, communicating with insurers, and coordinating with medical and financial professionals to estimate future needs. We understand local rules and timelines, including filing requirements in New York courts, and we work to preserve critical evidence so claims are not jeopardized by delay. Contacting the firm promptly helps secure vital records and begin the process of holding responsible parties accountable while assembling documentation needed to support fair compensation.

Contact Ahearne Law Firm Today

People Also Search For

Westbury pool accident lawyer

drowning injury attorney Nassau County

swimming pool negligence claim New York

wrongful death drowning Westbury

premises liability pool accident

pool equipment failure claim

community pool injury lawyer

Ahearne Law Firm pool accidents

FAQS

What should I do immediately after a swimming pool accident?

Immediately after a swimming pool accident, obtain medical attention for any injuries, as prompt treatment protects health and creates a medical record linking care to the incident; follow medical advice and attend all recommended follow-ups to document the course of recovery. Photograph the scene, any visible hazards, and injuries, gather witness names and contact information, and request copies of any incident reports from the pool operator, property manager, or lifeguard staff to preserve documentation before it can be lost or altered. It is also important to avoid giving recorded statements or signing release forms for insurers without legal guidance, since early statements or releases can limit future recovery; instead, keep a detailed record of expenses, missed work, and medical appointments. Contacting a legal team promptly can help secure surveillance footage, maintenance logs, and other evidence, and can guide the next steps for pursuing compensation while you focus on recovery and family needs.

Who can be held responsible for a drowning or pool injury?

Responsibility for a drowning or pool injury can rest with property owners, landlords, homeowners’ associations, facility operators, lifeguards, maintenance contractors, or product manufacturers, depending on the circumstances and the source of the hazard. Liability often depends on whether the responsible party failed to maintain safe conditions, provide adequate warnings, ensure proper supervision, or service equipment correctly, and determining that responsibility typically requires investigation into maintenance records, staffing, and safety protocols. When multiple parties may share fault, claims can involve coordinated actions against each potential defendant to ensure full recovery of damages, and the involvement of local government entities may raise additional timing or notice requirements. A thorough review of the facts, records, and potential legal obligations helps clarify which parties are most likely to be held accountable and supports targeted claims to address medical costs and other losses.

How long do I have to file a claim in New York?

In New York, deadlines to file civil claims vary depending on the nature of the claim; personal injury claims commonly must be brought within three years from the date of the injury, while wrongful death actions typically have different deadlines and eligible plaintiffs. Claims against municipalities or public entities may require shorter notice periods or specific pre-suit notice procedures, so it is important to identify the proper timeline for your particular case as soon as possible to avoid losing the right to sue. Because timing rules differ by defendant and claim type, early consultation helps ensure all necessary notices and filings are completed promptly. Gathering medical records, incident reports, and other evidence quickly supports adherence to these deadlines and prevents avoidable dismissal of meritorious claims due to procedural oversights.

Will I have to go to court to get compensation?

Many pool accident claims are resolved through negotiation with insurers, and a fair settlement can be reached without going to trial, but some matters require litigation if responsible parties or insurers refuse to offer adequate compensation. The decision to proceed to court is based on the strengths of the claim, the adequacy of settlement offers, and the injured person’s goals, and a law firm can advise on the likely outcomes of settlement versus trial to help families make informed choices. When litigation becomes necessary, preparation involves gathering evidence, taking depositions, and presenting expert opinions to establish causation and damages, but the firm aims to resolve matters efficiently when possible while preserving the right to litigate when it advances the client’s interests. Your legal counsel will explain the risks and benefits of both approaches and represent your interests throughout the process.

Can I recover damages if a child is injured in a private pool?

Children injured in private pools can often give rise to claims against homeowners, landlords, or property managers if the child’s presence was foreseeable and the owner failed to take reasonable steps to prevent access or mitigate hazards, for example by failing to install appropriate fencing, locks, or safety devices. In such cases, courts examine whether the property owner knew or should have known of the risk and whether reasonable measures were taken to prevent unsupervised access by children. Legal claims involving children also consider supervision, attractive nuisances, and local regulations, and recovery may include medical costs, rehabilitation expenses, and damages for pain and suffering. Prompt investigation of the scene and documentation of how the child accessed the pool are important steps to support a claim on behalf of the injured child and the family.

What types of damages can be recovered after a pool accident?

Recoverable damages in pool accident claims commonly include past and future medical expenses, rehabilitation and therapy costs, lost wages and loss of earning capacity, and compensation for pain and suffering or reduced quality of life. In fatal cases, a wrongful death claim may also include funeral and burial expenses, loss of financial support, and damages for the emotional harm experienced by surviving family members under state law. Calculating damages often requires medical and economic analysis to estimate future medical needs and lost income, and presenting a well-documented claim increases the likelihood of fair compensation. Timely preservation of medical records, bills, and employment documentation is essential to quantify losses and support the recovery sought from responsible parties or their insurers.

How does comparative fault affect my claim?

Comparative fault can reduce the amount of financial recovery if a court finds that the injured person bears some percentage of responsibility for the accident, such as failing to follow posted rules or ignoring warnings, because damages are adjusted to reflect the injured party’s share of fault. New York’s approach to comparative fault may bar recovery in certain circumstances or limit damages depending on the allocated percentages, so a careful factual analysis is required to predict how fault will be apportioned. Presenting evidence that minimizes the injured person’s role and emphasizes the responsible party’s failures can affect how fault is allocated, and legal representation helps frame the facts and evidence to reduce the impact of comparative fault on recovery. Witness statements, safety records, and expert analysis often play a central role in establishing relative responsibility.

What evidence is most important in a pool accident claim?

Important evidence in a pool accident claim includes photographs and video of the scene, surveillance footage, maintenance and inspection logs, incident reports, witness statements, staffing rosters for lifeguards, and medical records documenting injuries and treatment. Equipment records, repair invoices, and manufacturer information can be critical when defective equipment or negligent maintenance is implicated, and timely preservation of these documents prevents loss or alteration of key facts. Expert opinions in areas such as lifeguard practices, pool design, or product performance can be necessary for complex cases to explain how a condition led to injury, and coordination between medical documentation and scene evidence strengthens claims for full compensation. Early legal involvement helps identify and secure the most persuasive evidence while it remains available.

Should I speak to the pool operator’s insurance company?

Speaking to the pool operator’s insurance company without guidance can be risky because insurers often seek quick statements and may make an early settlement offer that does not reflect long-term needs; recorded statements or signed releases can limit future claims. It is usually advisable to get legal advice before providing formal statements or accepting offers, so you understand the implications and ensure any agreement fairly addresses medical and other losses. A legal advisor can handle insurer communications, evaluate settlement proposals, and negotiate on your behalf to protect your rights and future needs, while you focus on recovery. If an insurer refuses to offer fair compensation, counsel can pursue additional avenues, including litigation, to seek the recovery necessary to cover ongoing care and related damages.

How can the Ahearne Law Firm help my family after a drowning?

The Ahearne Law Firm assists families after a drowning or pool injury by immediately coordinating investigation steps, preserving evidence, obtaining medical records, and communicating with insurers to protect legal rights while clients focus on recovery. The firm’s approach emphasizes clear communication about options, realistic assessment of potential recovery, and careful documentation of medical and economic losses to support claims for compensation for medical care, lost earnings, and other damages. For families facing the most serious outcomes, the firm helps navigate wrongful death procedures, seeks to secure timely records from operators and public entities, and pursues claims against responsible parties to hold them accountable. Contacting the firm early helps preserve vital evidence, meet statutory deadlines, and develop a strategy aimed at achieving fair outcomes for injured individuals and grieving families.

Personal Injury Services in Westbury

Explore our injury practice areas

⚖️ All Personal Injury Services