Pools & Water Safety
When legal professionals approach us with a pool or water safety-related matter, they require careful analysis to understand the circumstances of the incident and what factors were relevant. Pool-related incidents may involve multiple elements including supervision practices, facility maintenance, pool design features, equipment condition, and compliance with applicable safety standards and regulations. Our firm provides comprehensive investigation of these incidents with focus on the technical aspects of water safety, equipment functionality, and adherence to established safety standards. We offer evidence-based forensic analysis to assist legal professionals in understanding the circumstances and contributing factors relevant to the incident.
Attorneys typically require understanding of whether pool and water-related equipment, such as filters, drains, and safety systems were functioning as designed at the time of the incident. We begin by reviewing incident reports, witness statements, and available video footage, and conduct detailed inspection of the pool area and related equipment when possible. We assess whether the pool's safety features, including ladders, non-slip surfaces, guardrails, and depth markings, met applicable safety standards and were maintained in proper condition. Additionally, we review maintenance records to evaluate whether regular inspections were documented and whether identified maintenance issues were addressed. Our analysis enables assessment of what factors were relevant to the incident, including equipment condition, facility maintenance practices, and compliance with safety standards.
Our analysis is informed by comprehensive knowledge of industry standards established by organizations such as the American Red Cross, the Pool & Spa Industry, and applicable local health and safety codes. We are knowledgeable in technical requirements for pool design, including circulation and filtration systems, water quality standards, and safety barrier specifications. We also evaluate documentation regarding staff training in water safety, emergency response procedures, and rescue operations. This systematic approach enables us to assess what deviations from applicable standards or established practices occurred and what relationship they bear to the incident.
Our forensic reports are well-documented, technically sound, and presented in clear language. We explain complex technical findings and industry standards in terminology that allows legal counsel, judges, and juries to understand the analysis and conclusions. Regardless of whether the engagement involves representation of an injured party, a property owner or a facility, our analysis maintains objectivity and is grounded in applicable safety standards, regulatory requirements, and documented evidence. We are available to provide expert testimony when needed, presenting our findings and analysis in a clear manner that addresses the technical aspects of the case.
If you are handling a pool or water safety-related legal matter and need forensic expertise to evaluate compliance with safety standards, equipment condition and functionality, maintenance practices, or contributing factors, we are available to assist. Please contact us to discuss how our experience and expertise in water safety can address the specific technical and forensic questions in your matter.
Premises liability is the area of law that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This could include slip, trip, and fall accidents, injuries from falling objects, or accidents caused by poor maintenance or inadequate security on the premises.
Typically, the property owner or the person who occupies or controls the property (such as a landlord, business owner, or tenant) is responsible for maintaining the premises in a reasonably safe condition. However, responsibility can also extend to contractors or maintenance workers if their actions contribute to hazardous conditions.
Common accidents that fall under premises liability include:
- Slip-and-fall accidents (due to wet floors, uneven surfaces, or poor lighting)
- Trip-and-fall accidents (e.g., tripping over obstacles or poor flooring)
- Injuries from falling objects (e.g., merchandise falling in stores)
- Dog bites (if the property owner is negligent in controlling dangerous animals)
- Swimming pool accidents (due to poor maintenance or lack of safety measures)
- Security-related injuries (e.g., assaults due to inadequate lighting or security measures)
Property owners owe different duties to different types of visitors:
- Invitees (those invited for business purposes, like customers): Must keep the premises reasonably safe, warn of known dangers, and repair hazardous conditions
- Licensees (social guests): Must warn of known dangers but are not required to inspect the property regularly for hazards
- Trespassers (those on the property without permission): Owners generally owe no duty to trespassers except to avoid intentional harm, although there are exceptions for children and certain situations
Several factors determine liability in premises liability cases, including:
- Whether the property owner was aware of the hazardous condition
- Whether the owner had a reasonable amount of time to fix the problem
- Whether the property owner failed to fix or warn about a known hazard
- Whether the injured person was lawfully on the property
- Whether the injured person contributed to the accident through negligence
The time limit for filing a premises liability claim depends on the jurisdiction and is governed by the statute of limitations. Typically, you have between 1 to 6 years to file a lawsuit from the date of the injury, but the timeframe varies based on local laws and the type of claim. It’s important to file as soon as possible to avoid losing your right to pursue legal action.
If you were injured at a business or commercial property, the owner may be more likely to be held liable due to their higher duty of care to invitees (customers). Businesses are expected to maintain their premises and provide warnings about any hazards. They also may be required to regularly inspect the property for potential dangers.
If you are injured on someone else’s property, you should:
- Seek medical attention immediately, even if your injuries seem minor
- Document the accident scene with photos, noting any hazards or unsafe conditions
- Report the incident to the property owner or manager and get a copy of the report
- Collect witness information if there are any bystanders
- Consult with a premises liability attorney to assess your case and determine if you have grounds for a claim
If a property owner is uninsured or has limited insurance coverage, you may still pursue personal assets or file a claim against a third party (such as a contractor, maintenance company, or security firm) if their negligence contributed to the injury. If the property owner has liability insurance, it typically covers most premises liability claims.
P.E. — President, Civil Engineer
Ronald J. Cohen, P.E., is a Civil Engineer with a Bachelor of Science degree and over forty years of engineering experience. Mr. Cohen joined the firm in 1994 and has served as its Vice President since 2003. Prior to joining Consulting Engineers & Scientists, Inc., Mr. Cohen was…
Ph.D. — Vice President, Biomechanical & Biomedical Engineer
Andrés J. Calderón, Ph.D., has a Bachelor of Science degree in Mechanical Engineering and a Master of Science and a Doctor of Philosophy degree in Biomedical Engineering. He has worked in the fields of biomechanical and biomedical engineering for over 16 years.
Civil Engineer
Harry J. Dales is a Civil Engineer with a Bachelor of Science degree in Civil Engineering and over 25 years of engineering experience. Mr. Dales has extensive experience in engineering and construction, including roadways, highways, parking lots, traffic controls…
CIH, CSP — Vice President, Industrial Hygiene & Safety Specialist
Michael E. Goldberg, CIH, CSP is a Board Certified Industrial Hygienist with a Bachelors of Science Degree in Occupational Environmental Health and Safety and a Masters of Science Degree in Environmental Health and Industrial Hygiene, with over 19 years…
AIA, NCARB — Vice President, Registered Architect
David M. Kenney, A.I.A., is a Registered Architect with a Bachelor of Architecture degree and over twenty-five years of architectural experience. Prior to joining the firm, Mr. Kenney was founder and President of DM Kenney Architects with architectural and construction management…
AFAA — Certified Personal Fitness Trainer
Debra L. Hufnagel, AFAA, is a Certified Personal Fitness Trainer with over 15 years experience in physical fitness training and equipment. Prior to and concurrently with joining the firm, Ms. Hufnagel is the owner of Fit For Life, a personal fitness training company where she…
Safety & Security Consultant
Joseph T. Potterton has been the Operations Manager responsible for the training and education of 140 Security Officers and thousands of health care professionals employed at a large inner-city hospital in Philadelphia since 1992. He has over 25 years of experience…
