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Texas Pool Drowning Law in Brief Find a Local Pool Drowning Lawyer The Texas Pool Fence Law Rules for Public and Hotel Pools Claims Involving City Pools Why Families Choose The Law Giant Frequently Asked QuestionsTHE LAW GIANT pool drowning lawyers:
We Fight for Your Rights
Texas has detailed laws for pools at apartments, condos, hotels and public facilities. When a drowning happens, those rules often decide who is responsible.
Call The Law Giant at 956-982-1800 or contact us online for a free consultation. There is no fee unless we win.
Texas Pool Drowning Law in Brief
- Most Texas child drownings happen in pools. In 2025, 49 of 88 child drownings were in pools, mostly backyard pools.
- Apartment, condo and HOA pools must be fenced. State law requires a 48-inch enclosure, self-latching gates and monthly inspections.
- Public and hotel pools follow state health rules. These cover lifeguards, signs, depth markers and rescue equipment.
- City pools have special claim rules. Notice deadlines are short, and damages are capped.
- Children who trespass can still have a claim. The attractive nuisance doctrine protects them in many cases.
Find a Local Pool Drowning Lawyer
Local rules and facts matter. Our city pages cover what is different where you live:
- Houston pool drowning lawyer: apartment and hotel pool deaths in Harris County
- Dallas pool drowning lawyer: the City’s semi-public pool code and abandoned pools
- San Antonio pool drowning lawyer: backyard and party pool drownings in Bexar County
- Austin pool drowning lawyer: claims against the City of Austin and its 45-day notice rule
- Laredo pool drowning lawyer: Laredo’s pool code and rented backyard pools
- McAllen pool drowning lawyer: pools and irrigation canals in Hidalgo County
- Harlingen pool drowning lawyer: hotel, motel and vacation pools near South Padre Island
The Texas Pool Fence Law
Chapter 757 of the Texas Health and Safety Code covers pools at multiunit rental complexes, including condominiums, and pools run by property owners’ associations. It requires:
- A pool yard enclosure at least 48 inches high, with no openings large enough to pass a 4-inch sphere
- Gates that are self-closing, self-latching and lockable
- Inspections of the enclosure, gates and latches at least every 31 days
Under § 757.012, a person injured by a violation can recover actual damages, and punitive damages for intentional, malicious or grossly negligent conduct. A tenant who gives written notice can also seek a civil penalty of up to $5,000.
Rules for Public and Hotel Pools
The Texas Department of State Health Services sets rules for public and semi-public pools in 25 Texas Administrative Code Chapter 265:
- Lifeguards: two are required at pools open to the general public, and at pools with slides or diving boards in use.
- Class C pools: pools at hotels, motels, apartments and condos need no lifeguard but must post a warning sign when none is on duty.
- Rescue gear: a ring buoy with a throwing rope and a reaching pole, plus an emergency phone within 200 feet.
- Depth markers: at least two per pool.
Federal law also requires every public pool and spa to have anti-entrapment drain covers.
Claims Involving City Pools
Swimming pools are listed as a governmental function under Tort Claims Act § 101.0215. Notice is usually due within six months, and some cities require it sooner. A city’s liability is capped at $250,000 per person and $500,000 per incident under § 101.023(c).
The Act does not apply to claims based on attractive nuisance under § 101.059, and the recreational use statute in Chapter 75 can limit a landowner’s duty for free recreational swimming unless there was gross negligence.
Why Families Choose The Law Giant
We have offices across Texas and know the local pool codes and courts. We move fast to preserve gate records, video, inspection logs and drain cover documents, and we work with pool safety experts and doctors. Learn more in our Texas pool drowning statistics, our guide to preventing pool drownings, and our swimming pool accident and wrongful death pages.
Call 956-982-1800 for a free consultation. There is no fee unless we win.
Common Questions
Texas Pool Drowning FAQs
How many children drown in Texas each year?
The Texas Department of Family and Protective Services reported 88 child drownings in 2025 and 103 in 2024. In 2025, 49 of the 88 happened in pools, most of them backyard pools.
What does Texas law require for apartment pool fences?
Chapter 757 of the Health and Safety Code requires a pool yard enclosure at least 48 inches high, self-closing and self-latching gates, and inspections at least every 31 days for pools at apartments, condos and HOAs.
Can a trespassing child’s family sue after a drowning?
Often, yes. Under the attractive nuisance doctrine, a property owner can be liable when a pool attracts a child too young to understand the danger and the owner could have made it safe at little cost.
How long do I have to file a pool drowning lawsuit in Texas?
Most claims must be filed within two years under § 16.003. A child’s own injury claim is generally paused until age 18, and claims against a city need notice within six months or less.
Giant Wins for All Injuries
Our personal injury lawyers handle a wide range of accidents and serious injuries across Texas.
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