Each summer, children and adults flock to oceans, lakes, pools and water parks. Unfortunately, unbeknownst to many individuals, they are exposed to great dangers. From 2005-2009, there was an average of 3,533 fatal unintentional drownings (non-boating related) annually in the United States and an additional 347 people died each year from drowning in boating-related incidents. [i]
The operator of a swimming facility has a duty to exercise reasonable care to keep all patrons “in a reasonably safe condition for the purpose for which they were apparently designed.” McLaughlin v. Rova Farms, Inc. 56 N.J. 288, 304 (1970). Furthermore, New Jersey statutes and regulations impose even greater safety obligations on the owners of public pools or bathing beaches. See N.J.S. 26:4A-4 et seq.; N.J.A.C. 8:26-1 et seq. A violation of any of these provisions may, in many cases, be admissible as evidence of a defendant’s negligence.
Swimming pools operated by apartment buildings or condominium associations are subject to the same safety duties as an entity that profits more directly from such a facility. See Raponotti v. Burnt-Mill Arms Inc., 113 N.J. Super. 173, 180 (App. Div. 1971).
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