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We Fight for Swimming Pool Victims in San Antonio Common Causes of Drowning Accidents Liability for Drowning Accidents Compensation Available in a San Antonio Drowning Accident We Seek Maximum Compensation in All Injury Claims Call The Law Giant, Personal Injury & Accident Lawyers TodayTHE LAW GIANT pool drowning lawyers:
We Fight for Your Rights
Fortunately, San Antonio 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 San Antonio pool liability lawyer.
If you or a loved one has been injured in a pool drowning incident. Do not hesitate to call us at 956-982-1800 or contact us online. We offer free case consultations, so there is no risk in scheduling a time to talk and learn more about your legal options.
We Fight for Swimming Pool Victims in San Antonio
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 is covered by premises liability law.
When guests trip, slip, or fall, you might hear about premises liability. 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.
Common Causes of Drowning Accidents
Unintentional drownings can happen for many reasons. Some specific causes of drowning accidents include:
Hypoxia
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.
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Panic and Hypothermia
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.
Insufficient Staff Training or Safety Equipment
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.
Head Trauma
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.
Failure to Follow Safety Regulations
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.
Liability for Drowning Accidents
A property owner will not necessarily be liable for all injuries that occur in their pool. Instead, San Antonio 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:
- Restricting access to the pool
- Warning guests about pool-related hazards
- Providing reasonably necessary supervision
- Complying with state and local safety laws
Normally, these protections only extend to those invited onto the property. The attractive nuisance doctrine provides a significant exception.
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Under San Antonio 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.
Who Can Be Liable?
The liability for an accident typically falls on the party responsible for the pool, which could include:
- Hotels and resorts
- Apartment or condo property managers
- Homeowners’ associations (HOAs)
- Municipalities
- Water parks
- Private pool owners
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 Available in a San Antonio Drowning Accident
Compensation for drowning accidents varies based on your losses and how the accident happened. A negligent pool owner or manager may compensate you for:
- Medical costs
- Future medical expenses
- Lost wages
- Reduced future earnings
If a drowning accident results in a fatality, the family can pursue a wrongful death claim. The family’s San Antonio pool liability lawyer must still prove negligence. Upon proving liability, they recover compensation extending over the victim’s remaining lifetime.
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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.
How Do I Maximize Compensation for My Drowning Claim?
You can strengthen your case by taking these key steps:
- Document the accident scene and preserve evidence
- Do not talk to the other party’s insurance company
- Seek medical attention promptly
- Keep copies of bills and receipts for your accident-related expenses
Consider talking to a San Antonio pool liability lawyer soon after the accident. San Antonio law only gives accident victims two years to file a personal injury claim, so you should act quickly.
Want to Learn More?
You can check out the blogs that are part of our San Antonio Pool Safety Essentials here:
We Seek Maximum Compensation in All Injury Claims
For over twenty 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 their needs. Our approach has produced a long track record of success, with over $850 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.
Call The Law Giant, Personal Injury & Accident Lawyers Today
Don’t face the aftermath of a pool accident alone. A San Antonio 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.
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