Understanding Comparative Negligence in New Jersey Pool Injury Cases

• Dan T. Matrafajlo
• Mon Feb 2025
• swimming pool accident,
• 0

In New Jersey, many swimming pool accidents are pursued under premises liability law. The state’s laws determine whether or not a property owner is responsible for an accident on their premises. But not all accidents involve clear-cut liability on one party. New Jersey is one of several states that determines liability on the basis of comparative negligence.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to allocate liability to various parties involved in an accident. Within New Jersey, courts use a “modified comparative negligence” rule. This has two key implications.

• Plaintiffs are able to recover damages for any accident as long as they are not determined to be more than 50% at fault.
• Damages are reduced proportionately by the percentage that a plaintiff is deemed to be at fault.

For example, if a court determined that a plaintiff is 30% at fault for an accident where they won a $1,000,000 settlement, the award would be reduced by 30%. In this hypothetical situation, the new award would equal $700,000.

How Comparative Negligence Applies to Pool Injury Cases 

There are many different scenarios where a property owner may be liable for a pool accident. This may include scenarios where equipment was defective or where lifeguards were not properly watching swimmers. There may also be numerous instances where a plaintiff may have comparative negligence.

• A plaintiff may have failed to follow posted rules, such as diving in a “No Diving” area.
• A plaintiff may have consumed alcohol, and their subsequent impairment contributed to the accident.
• A plaintiff whose child was injured may not have been adequately supervising their children.

Many people will wrongfully assume that if they are even partially at fault for a swimming pool accident in New Jersey, they won’t be able to recover anything. But this is simply not the case.

Proving Negligence in a Pool Injury Case

In order to recover compensation for any accident, the injured party must demonstrate negligence. There are four elements that must be demonstrated in any negligence claim.

• Duty of Care: The property owner owed a duty of care to the plaintiff.
• Breach of Duty: The property owner failed to uphold their duty of care. This may involve failing to remediate a hazardous condition on their property.
• Causation: The property owner’s breach was the proximate cause of the plaintiff’s injury.
• Damages: The plaintiff sustained damages, such as lost income or medical bills.

Defendants in New Jersey will often do everything in their power to argue that plaintiffs are mostly to blame for any accident. This is why it is so important to seek the guidance of a skilled personal injury attorney after any accident.

Getting Legal Help After a Swimming Pool Accident

Navigating New Jersey’s comparative negligence laws can be incredibly challenging without legal guidance. There are several ways that an attorney can help with your particular case. They can investigate the circumstances of any pool injury. If you do have a valid claim, they can negotiate with insurance companies and pursue a settlement on your behalf.

Have you or someone that you care about been injured in a New Jersey pool accident? You may be entitled to financial compensation for your injuries. Our team of premises liability attorneys at Beninato & Matrafajlo is here for you. We understand how hard it can be to be seriously injured and possibly out of work. Whether you just have legal questions or would like a free, independent investigation into any incident, we may be able to assist you. You can reach out to us anytime at 908-355-7100.