Legal Question in Personal Injury in New York

i dove into a pool at my grlfriends friends house, my head hit the bottom causing my back to break, vertebrae t9 thru t7, ive been in the hospital for 5 days, including surgery to repair my back... do i have a lawsuit against the homeowners insurance company?

Asked on 7/15/11, 4:48 pm

3 Answers from Attorneys

Michael Krigsfeld William Schwitzer & Associates, P.C.

I'm sorry to hear about your unfortunate accident. To determine if you have a claim against the homeowner's insurance policy we need to determine whether the homeowner was negligent in the maintanence or possible warning of use of the pool - i.e. the swimming pool was only halfway filled. You may also have some contributory negligence - i.e. you dove head first into the shallow part of the pool. In order to properly evaluate your potential claim I would need to speak to you to get some additional information. For a completely free consultation and evaluation of your potential claim please contact me at your earliest convenience at 347-702-4133 (office) or email me at [email protected] (If you leave me a contact number I can call you over the weekend).

Yours truly,

Michael Krigsfeld, Esq.

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Answered on 7/15/11, 5:00 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Whether you have a lawsuit, would depend on many circumstances, as an example: was the pool improperly constructed and/or maintained, was there sufficient water in the pool, etc. More facts are needed to determine if you have a case. Feel free to contact our law office at 718-616-1414 for a free no-obligation consultation.


Tanya Gendelman, Esq.

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Answered on 7/15/11, 5:03 pm
John Harwick, Esq. Hacker Murphy, LLP (

I handled a case against a pool designer and diving board manufacturer with similar facts. There are known problems with residential diving boards in the industry. This type of incident is not uncommon. In our case we were able to show a defective design and obtain a sizable recovery for our client. But as the first attorney said, if you dove head first into the shallow end, you don't have a case.

Please call me if you would like more information.

John Harwick, Esq.


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Answered on 7/16/11, 3:37 am

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