What are the typical defenses used by swimming pool owners in a swimming pool accident case?

In New York, the typical defenses used by swimming pool owners in a swimming pool accident case usually involve the doctrine of comparative negligence. This doctrine states that the plaintiff (the person who was injured) was partially responsible for their own injuries, as well as the negligence of the defendant (the swimming pool owner). If this doctrine is successfully argued, then the swimming pool owner may be able to reduce the amount of damages they must pay for the sustained injuries or have the case dismissed entirely. Additionally, in New York, swimming pool owners may have a “qualified immunity” defense. This defense involves the argument that the swimming pool owner was not at fault for the accident, because the duty of care that is expected of them was not breached. For example, if the swimming pool owner was not aware of any hazards or defects that could have posed a risk, then they could potentially use this defense. Lastly, the swimming pool owner could also use a “statutory immunity” defense. This is when a state law protects the swimming pool owner from liability for damages, as long as they follow all the safety regulations in place. These three common defenses are typically used by swimming pool owners in a swimming pool accident case in New York.

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What are the typical defenses used by swimming pool owners in a swimming pool accident case?

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