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Fortunately, Texas law strictly regulates public pools and ponds. This means that pool accident victims or their families can hold careless pool owners liable for their losses with the help of a Texas pool liability lawyer.
Take a closer look at how the compassionate team at The Law Giant can help you seek the justice you deserve after a drowning accident.
When a property owner, manager, or tenant allows guests onto their premises, they owe the visitors a legal duty to keep them reasonably safe. This falls under premises liability law.
You might hear about premises liability when guests trip, slip, or fall. The same legal principles impose duties on those responsible for swimming pools and ponds. Specifically, pool managers must take reasonable steps to prevent swimmers from drowning, falling, or suffering other accidents due to the condition of the pool and pool deck.
At The Law Giant, we fight for swimming pool drowning victims and their families. Our attorneys gather evidence proving liability for the accident and seek compensation for pools and ponds that are negligently maintained and operated. Contact us to learn what we can do for you today.
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
Unintentional drownings can happen for many reasons. Some specific causes of drowning accidents include:
Hypoxia happens when the brain doesn’t receive enough oxygen and begins to suffer damage. When water enters the lungs, oxygen molecules cannot reach your cells. Your brain requires massive amounts of oxygen to maintain its activities.
The brain uses 20% of your body’s oxygen supply. When you cannot breathe, you can suffer permanent brain damage after just four minutes and brain death after only eight to ten minutes. If you survive, you could have physical and cognitive disabilities, such as weakness, paralysis, and confusion.
If you unexpectedly fall into the water, your body’s first response is to panic. You may gasp for air, drawing water into your lungs. You might waste energy struggling against the water and become fatigued or even drowsy. Cold water also reduces your temperature, increasing the risk of hypothermia.
Lifeguards, pool workers, and supervisors must react quickly and effectively to save victims. Poor training and missing or broken rescue equipment might result in serious injuries or death.
A common cause of pool injuries is head trauma. A lack of warning signs might fool swimmers into believing the pool or pond was deeper than it appeared. When you strike your head while diving, you can knock yourself unconscious or fracture your neck.
When a facility or pool owner fails to comply with safety regulations, swimmers can be put at substantial risk. Staff may also fail to follow these regulations.
A property owner will not necessarily be liable for all injuries that occur in their pool. Instead, Texas uses premises liability law to determine whether the property owner is at fault for the accident. Swimming pool liabilities fall on the property owner if they fail to exercise reasonable care in any of the following:
Normally, these protections only extend to those invited onto the property. The attractive nuisance doctrine provides a significant exception.
Under Texas law, an attractive nuisance is an artificial structure, like a pool, that appeals to children who might not appreciate its dangers. When a child trespasses to reach an attractive nuisance like a swimming pool, the owner may still be liable.
The liability for an accident typically falls on the party responsible for the pool, which could include:
Different safety regulations apply to public and private pools. For example, public pool operators must erect fences at least four feet high with self-closing gates, while private pool owners do not. As a result, public pool liability has a different scope than private pool liability. However, private pool owners are still liable under the premises liability and attractive nuisance doctrines.
Compensation for drowning accidents varies based on your losses and how the accident happened. A negligent pool owner or manager may compensate you for:
If a drowning accident results in a fatality, the family can pursue a wrongful death claim. The family’s Texas pool liability lawyer must still prove negligence. Upon proving liability, they recover compensation extending over the victim’s remaining lifetime.
A drowning victim may still receive compensation even when they share some of the responsibility for an accident. Under the doctrine of comparative negligence, the victim’s compensation is reduced by their percentage of fault.
Suppose that a victim slipped and fell into the pool while running, but the pool owner also had not cleaned up a slick patch of algae where the victim slipped. While the victim might share 15% of the fault for running, the owner might get 85% of the blame for the unrepaired slick spot.
You can strengthen your case by taking these key steps:
Consider talking to a Texas pool liability lawyer soon after the accident. Texas law only gives accident victims two years to file a personal injury claim, so you should act quickly.
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Yes, under the attractive nuisance doctrine, parents or guardians can authorize an injury claim on a child’s behalf, even if the child was trespassing when they were hurt at the pool. However, attractive nuisance lawyers must still prove that the pool owner was negligent and that a child’s share of the fault was not greater than the pool owners.
Insurance usually covers pool drowning claims. The insurer will defend a pool owner aggressively and fight hard against your claim. A lawyer can level the playing field.
Our Texas pool liability lawyers have in-depth knowledge of premises liability law and insurance claim procedures. We can respond to any denials, negotiate to settle your claim, and file a lawsuit if negotiations fail.
If the accident results in a fatal drowning, the surviving family members can file a wrongful death claim against a negligent pool owner. The compensation for this type of claim can be significant since the losses are calculated over the victim’s remaining lifespan.
You can check out the blogs that are part of our Texas Pool Safety Essentials here:
For over 20 years, we have fought powerful insurance companies and at-fault parties for our injured clients. We build strong relationships with our clients, promptly responding to questions and tailoring our services to be responsive to their needs. Our approach has produced a long track record of success, with over $700 million recovered for our clients.
When you hire The Law Giant, we can objectively analyze your case and explain your legal options. Our attorneys can pursue a fair settlement with insurers. If settlement is impossible, our seasoned litigators can take your case to court.
Don’t face the aftermath of a pool accident alone. A Texas pool liability lawyer from The Law Giant can fight to obtain the compensation you’re entitled to. Contact us for a free consultation to learn more about your legal options today.
5826 W Interstate 10 Ste 102
San Antonio, TX 78201-2852
PH: 210.921.2200
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