Can you sue for injuries from a pool accident?

Modern poolside showing a ladder and seating near the water — a common scene where injuries from a pool accident can occur, as handled by Team Law in New Jersey.

Backyard barbecues, fireworks, and pool parties are staples of a New Jersey summer celebration—but when someone gets hurt at the pool, the fun can quickly turn into an emergency. If you or a loved one suffered injuries from a pool accident, you may be wondering whether you can sue the property owner or another responsible party. The answer? Yes—under certain conditions, a personal injury claim may be possible.

Whether the accident happened at a private home in Woodbridge, a public pool in Elizabeth, or a hotel in Perth Amboy, the key to a successful case lies in understanding how liability and negligence apply to pool-related injuries.

Common Types of Pool Accidents

Summer weekends bring larger crowds, increased alcohol consumption, and more distractions—all of which make pool areas more dangerous. Here are some of the most common incidents that lead to injury:

Slip and falls on wet surfaces
Diving accidents due to shallow water or poor signage
Entrapment injuries from broken or uncovered drains
Drownings or near-drownings from lack of supervision
Cuts and lacerations from broken tiles or pool deck hazards
Electrocution from faulty pool lighting or equipment
Injuries from overcrowding or roughhousing

These accidents often result in broken bones, head trauma, spinal cord injuries, or in tragic cases, fatalities—especially among children.

Where Do Pool Accidents Happen?

Pool accidents can occur at a variety of locations throughout New Jersey, including:

Private residential pools (homeowners hosting parties)
Public pools operated by municipalities (such as in Edison, Jersey City, or Clark)
Apartment complexes or HOA-managed pools
Hotel or motel pools in shore towns like Asbury Park or Atlantic City
Private event spaces or country clubs with pool access

The location of the accident plays a significant role in determining liability and what legal standards apply.

Who Can Be Held Liable for a Pool Injury?

Liability in pool accident cases typically falls under premises liability law, which holds property owners accountable for maintaining safe conditions. Depending on the situation, one or more parties may be held responsible:

1. Homeowners

If the accident happened at a backyard party, the homeowner may be liable for unsafe conditions, such as:

A lack of fencing or pool barriers
No posted depth markers
Failing to supervise children
Alcohol served to minors or intoxicated guests

New Jersey homeowners are expected to take reasonable steps to prevent foreseeable injuries, especially if they invite guests to use the pool.

2. Municipalities or Government Entities

If the injury occurred at a public pool operated by a city or township, the local government may be liable. However, these cases have stricter rules, including the requirement to file a Notice of Tort Claim within 90 days of the incident.

3. Hotels, Property Managers, or HOAs

In places like hotels, apartment complexes, or community pools, the property owner, manager, or HOA can be held liable for:

Inadequate maintenance
Broken gates or nonfunctioning lights
Poor water quality or chemical exposure
Lack of posted safety rules

These parties are responsible for ensuring the pool meets state and local safety codes, but keep in mind that some community pools may require legal notice within as little as 90 days after the accident in order for you to pursue a legal claim.

What Makes a Pool Injury a Legal Case?

Not every pool injury automatically leads to a lawsuit. To have a valid personal injury claim, your attorney must prove:

A duty of care existed – The property owner or party in charge had a legal obligation to keep the pool area safe.
There was a breach of duty – They failed to take reasonable precautions or ignored a dangerous condition.
The breach caused the injury – There must be a direct link between their negligence and your accident.
You suffered damages – Such as personal injuries, medical bills, lost income, or pain and suffering.

What Compensation Can You Recover in a New Jersey Pool Injury Case?

If your case meets the legal requirements, you may be entitled to compensation for:

Emergency medical care and hospitalization
Surgeries, rehabilitation, and therapy
Ongoing medical treatment and medications
Lost income and reduced earning capacity
Pain and suffering
Emotional distress, especially in cases involving children
Wrongful death, in the most tragic outcomes

An experienced New Jersey personal injury attorney can help assess the full value of your damages and fight for maximum compensation.

What If Alcohol Was Involved?

Summer parties often involve drinking—and alcohol can complicate pool accident claims. If the homeowner or host provided alcohol to a minor or visibly intoxicated guest, and that individual was injured (or injured someone else), they may be held liable under New Jersey’s Social Host Liability Law.

Even if alcohol wasn’t the direct cause, its presence can affect how a court evaluates negligence, responsibility, and preventability.

How to Protect Your Rights After a Pool Injury

If you or someone you love was injured at a pool, taking the right steps early can make all the difference:

1. Seek Medical Attention: Your health comes first. Immediate medical documentation of your injuries helps link the injury to the accident.

2. Report the Incident: Whether it’s to a homeowner, pool staff, or local authority, make sure the injury is officially reported.

3. Take Photos or Videos: Document the pool area, any hazards, broken safety equipment, or lack of signage. This evidence is critical.

4. Get Witness Statements: If others saw what happened, ask for their contact information.

5. Preserve Evidence: Don’t wash or throw away clothing or items used at the pool. These may help support your case.

6. Contact a Personal Injury Lawyer: Before speaking to insurance companies or accepting a settlement, get legal advice from an attorney who understands pool accident claims in New Jersey.

Can You Still Sue If Your Child Was Hurt?

Yes. Children are among the most common victims of pool-related injuries and drownings. New Jersey law recognizes the “attractive nuisance doctrine,” which holds property owners to a higher standard when it comes to protecting children from dangerous features like pools—even if the child was technically trespassing.

In these cases, the owner may still be liable for failing to secure the pool with proper fencing, locked gates, or safety covers.

Did You Suffer Injuries from a Pool Accident? Team Law Is Here to Help

If you or your child suffered injuries from a pool accident, don’t assume it was “just an accident.” Many of these incidents are entirely preventable and happen because someone failed to act responsibly. At Team Law, we fight for injury victims across New Jersey—including in Edison, Woodbridge, Linden, Jersey City, and Clifton—who were hurt due to unsafe pool conditions.

Our experienced attorneys will investigate what went wrong, identify all liable parties, and pursue full compensation on your behalf. Whether your injury happened at a private home, hotel, or public facility, we’re here to hold negligent parties accountable.

Contact Team Law today for a free consultation. Let us help you protect your rights, recover your losses, and move forward after a poolside injury that never should have happened.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.