Is there a difference between liability laws for public and private swimming pools?
Yes, there is a difference between liability laws for public and private swimming pools in New York. Private pool owners generally are not liable for accidents that occur on their property, unless they created and/or knew of a dangerous condition and intentionally failed to address it or warned people of the danger. On the other hand, public pools, such as those owned and operated by a government or public entity, are subject to the same negligence laws as any other business or organization. In other words, they are obligated to provide a reasonable amount of protection for guests and visitors on its premises. For instance, public pools must comply with the state and/or local safety codes, such as providing a safe environment with properly functioning safety equipment, maintaining chemical levels consistent with industry standards, and regularly inspecting and maintaining physical premises of the pool area. Additionally, public pools must be equipped with lifeguards, clerks, and other proper personnel to help ensure safety protocols are followed. When an injury occurs at a public swimming pool, the pool owner or operator may be held liable for the accident if they were negligent in their obligation to provide a safe environment. Conversely, when an injury occurs at a private pool, the pool owner may be liable if they created or knew of a dangerous condition and failed to warn people of the danger. In any case, it is important for all swim facility owners, public or private, to take necessary precautions to ensure that their pool is safe and that all safety protocols are followed.
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