As temperatures rise and New Yorkers flock to the city’s pools, beaches, and waterfronts to cool off, the importance of water safety cannot be overstated. While a day at the beach or pool can be a fun and refreshing escape, it can also turn tragic in a moment if safety protocols aren’t followed—or if negligence is involved. From lifeguard responsibilities to property owner liability, there are crucial legal aspects to understand when it comes to water safety in NYC.
Whether you’re diving into the city-run pool at Hamilton Fish Park or spending the weekend at Rockaway Beach, here’s what every NYC swimmer should know about water safety and legal liability.
The Dangers of Summer Swimming in NYC
According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of unintentional injury-related death for children aged 1 to 4 and remains one of the top five causes for all age groups under 55 (CDC, 2023). The risk increases significantly in urban areas where swimming often takes place in public settings such as pools or open water beaches with high foot traffic and variable supervision.
In 2022 alone, New York State reported over 100 drowning deaths, with a significant portion occurring in or near NYC, especially during the summer months.
Who Is Liable When a Swimming Injury Occurs?
1. The City or Municipality
Most of NYC’s public pools and beaches are operated by the New York City Department of Parks and Recreation. The city is responsible for:
- Ensuring lifeguards are properly trained and on duty.
- Maintaining pool facilities and beachfronts.
- Enforcing safety regulations, such as capacity limits and swimming zone guidelines.
If the city fails to provide reasonable care—such as not staffing lifeguards during operating hours or neglecting broken safety equipment—it could potentially be held liable for negligence. However, lawsuits against government agencies have strict notice of claim requirements and tight deadlines. In NYC, you must file a notice of claim within 90 days of the incident.
2. Private Pool Owners or Operators
Swimming injuries at hotels, gyms, or private apartment complexes fall under premises liability law. Property owners and managers must take reasonable steps to ensure safety, including:
- Installing proper fencing and barriers
- Posting clear warning signs.
- Ensuring all pool equipment is in good working order.
- Providing supervision when children are present.
If a pool is inadequately maintained or unsupervised and someone is injured or drowns, the owner may be held liable for negligent supervision or failure to warn.
3. Product Manufacturers
In some cases, liability may fall on the manufacturers of pool or safety equipment. For example, if a life preserver fails or a pool drain has a defective suction system (a known risk for entrapment injuries), the injured party may have grounds for a product liability claim.
Common Types of Swimming-Related Personal Injury Cases
- Drownings and near-drownings
- Slip and fall injuries on wet surfaces or improperly maintained pool decks
- Chemical burns or respiratory issues from improperly balanced pool chemicals
- Entrapment injuries from faulty pool
Legal Responsibilities of Lifeguards and Supervision
New York law does not require lifeguards at all swimming locations—but when they are present, they carry a duty of care. That means they must act as a “reasonable” lifeguard would under the same circumstances. Failure to monitor swimmers, provide timely rescue, or administer CPR could result in a negligence lawsuit.
Facilities are also required to follow strict staffing ratios. For instance, the NYC Health Code mandates a minimum of one lifeguard per 25 swimmers at public pools.
What You Can Do to Stay Safe—and Protect Your Rights
- Swim in Designated Areas: Only swim where lifeguards are present and posted signs allow.
- Supervise Children Constantly: Drowning can happen in seconds and is often silent.
- Report Hazards Immediately: Document unsafe conditions, such as broken fences or slippery surfaces.
- Know Your Legal Rights: If an injury occurs due to someone else’s negligence, consult with a personal injury attorney immediately.
When to Contact a Personal Injury Attorney
If you or a loved one has suffered an injury or drowning incident at a public or private swimming facility, you may be entitled to compensation for:
- Medical bills
- Pain and suffering
- Lost wages
- Emotional distress
However, pursuing a claim—especially against a city or government entity—requires swift action and a skilled legal strategy. An experienced New York City personal injury lawyer can help you gather evidence, meet critical filing deadlines, and fight for fair compensation.
Summer in the city should be filled with memories—not injuries. But when safety protocols are ignored, the consequences can be catastrophic. Knowing your rights and legal options is the first step toward recovery.
If you or someone you love was injured while swimming in NYC, contact Jacoby & Meyers NY today for a free consultation. Our experienced attorneys are here to help you navigate the legal complexities and seek justice.