An accidental drowning or swimming pool injury can happen suddenly and without warning. That’s why in this blog post, our experienced Dallas premises liability lawyers explore the legal implications surrounding swimming pool accidents in Texas, including:
– the responsibilities of pool owners,
– the potential for compensation through personal injury claims, and
– how families can seek justice after a tragic loss.
Let’s begin.
Understanding Compensation After a Drowning Accident or Serious Swimming Pool Injuries
When it comes to pool safety, pool owners have a very important job. Whether the pool is in a private home or a public place, they need to make sure the swimming area is safe for everyone, especially young children and swimmers with disabilities.
Lifeguards help keep an eye on things, but their presence doesn’t guarantee that accidents won’t happen.
Slippery surfaces, broken pool equipment, and unsafe diving boards can lead to serious injuries or even deaths. Lack of supervision and inadequate safety measures, such as failing to secure pool drains, can lead to tragic outcomes.
If a swimming pool accident does occur, it’s important to know your legal rights and what options you have.
So, what does the law say about drowning victims and near-drowning accidents with serious injuries?
In general, if a drowning takes place because someone didn’t act with the required care, that person may be held responsible through a wrongful death lawsuit.
This can include private individuals, businesses, and even government agencies.
In Texas, property owners have a legal duty to keep their land safe for anyone they allow to use it.
This means they should take steps to prevent access to dangerous areas, especially for children. Negligence in this duty can lead to serious injuries such as brain damage from diving accidents, or even wrongful death.
Drowning in a Neighbor’s Pool
Children are often the drowning victims in residential swimming pools. The Texas Administrative Code has specific rules for swimming pool owners to keep their pool area safe.
Here are some key requirements:
– An adult must always be present who can quickly turn off the pool’s pump and filtering system when a child is swimming.
– Outdoor swimming pools must have a fence that is at least 6 feet tall. This fence should allow people to see into the pool but should keep children from getting in.
– The gap between the bottom of the fence and the ground can be no more than 4 inches.
– Gates leading to the pool must have self-closing and self-latching hardware, with the latch at least 60 inches high.
– Gates should open outward and cannot be propped open.
– Gates must be locked when the pool is not in use.
– The area within 50 feet outside the pool fence must be clear of anything that a child might use to climb over the fence.
Pool owners must also ensure that pool equipment, such as diving boards and drains, are properly maintained to prevent accidents. Slippery surfaces and lack of supervision can increase the risk of slip and fall injuries.
Drowning in an Apartment Pool
What about apartment complexes?
Swimming pools in these settings have similar rules, but there are some differences. According to the Texas Health and Safety Code, the fence around the pool must be at least 4 feet high.
Additionally, the owners of apartment buildings or homeowner associations are responsible for inspecting and maintaining the community pool.
They must check the pool at least once a month to ensure it is safe.
Failure to do so could result in personal injury lawsuit if an accident occurs.
Drowning in a Public Pool
In Texas, it is possible to sue a government entity for personal injuries or wrongful deaths that happen due to dangerous conditions on public property.
However, there is a key limitation when it comes to recreational use.
The law defines “recreation” to include activities like swimming, boating, and water sports.
Landowners, including the government, who invite people to use their land for recreational activities are not responsible for ensuring that the land is completely safe.
Their only duty is to avoid gross negligence or harmful intent.
So, if a pool drowning occurs in a city pool, it might be difficult to hold the city liable unless there’s clear evidence of negligence or wrongdoing.
Common causes of drowning incidents include lack of supervision and entrapment in pool drains.
Drowning in Natural Waters
When it comes to natural bodies of water, such as lakes or rivers, landowners are generally not held responsible unless there is gross negligence or malicious intent involved.
This means that the landowner might not be liable to an accident victim swimming in a lake.
Boating Accidents
The Texas Parks and Wildlife Department reported 175 recreational boating incidents in 2023. The most common causes included operator inattention and reckless driving. Tragically, there were 28 fatalities, with 16 of those being drowning incidents. Of those who drowned, 14 were not wearing life jackets.
Boat operators are required to have safety equipment on board and to follow all relevant laws and regulations. If a boat operator fails to do this and someone drowns as a result, they may be held responsible for that person’s death.
How a Swimming Pool Accident Attorney Can Help
While no amount of money can replace a loved one, compensation can help support a grieving family during a difficult time, covering medical expenses and other costs.
At Wolf Law, PLLC, our swimming pool accident lawyers work closely with families who have lost a loved one due to someone else’s carelessness. Our legal team understands how painful this experience can be. We approach each case with compassion and professionalism.
If you’re looking for a skilled personal injury lawyer to help your family’s pool accident case, contact our law firm today. Schedule your free consultation and free case evaluation and get the legal advice you need.