Swimming Pool Accidents and Personal Injury Liability in Texas

Tragically, Texas has already seen an unusual increase in the number of drowning victims, especially among children. Every year hundreds of children drown in swimming pools throughout the nation and thousands more people (including adults) are hospitalized. Knowing the causes and ways to prevent them saves lives.

Sweltering hot summers are characteristic of the Dallas metro area, as well as most of Texas. On a sizzling summer day, a swimming pool starts looking like a great place to spend some time. Fortunately for baked Dallas metro residents, thousands of local households and apartment complexes have swimming pools. Additionally, numerous public swimming pools dot the landscape to beckon those who don’t have access to a swimming pool at home.

The abundance of swimming pools in our communities renders the heat much more tolerable – and a more dangerous as well. Swimming pool accidents happen every regularly throughout the summer months in Texas. Here are some causes and helpful tips for prevention to keep your family safe.

Causes of Swimming Pool Accidents

The fact that swimming pool accidents are almost always entirely preventable makes the problem all that much more frustrating. Some of the most common causes of swimming pool accidents include:

• Overcrowding
• Malfunctioning pool lights
• Untrained, negligent or absent lifeguards
• Lack of markings and/or restraints sectioning off the deep water section of the pool
• Missing safety equipment
• Negligent pool maintenance
• Lack of access restrictions, such as fencing or gates

An Ounce of Prevention…

The best way to deal with a swimming pool accident, of course, is to prevent one from happening in the first place. With that in mind, below are some basic precautions you can take that should dramatically reduce the risk of a swimming pool accident.

• Build a sturdy fence around your pool. It should be at least four feet tall and include a gate with a childproof lock.
• Supervise children at all times. The younger the child, the closer the supervision required.
• Make sure someone who knows how to swim is near the pool any time the gate is unlocked.
• Keep a lifesaver or other sturdy flotation device in the pool area, but don’t depend on it as a substitute for someone who can swim.
• Be aware of the drowning risks even in hot tubs and shallow “kiddie pools”, and take common-sense precautions.
• Be aware of and take precautions against risks other than drowning, such as head injuries caused by slip and fall accidents during horseplay.

Premises Liability

Texas premise liability law makes it easier for a person injured in an accident on someone else’s property to file a personal injury or wrongful death claim against the owner. It applies to both personal residences and commercial establishments such as public swimming pools. Although premise liability law is somewhat complex and includes many legal nuances, it generally requires a property owner to repair or warn guests of dangerous conditions on his property that he knew of or should have known of.

The Attractive Nuisance Doctrine

The attractive nuisance doctrine is a legal principle that makes it easier for even a trespasser to file a personal injury or wrongful death claim against a property owner under certain circumstances. It is normally difficult for a trespasser to file a claim against a property owner for an injury caused by a dangerous condition on the property. It becomes much easier, however, when the trespasser is a child who was injured (or killed) by a hazard that is likely to attract children (such as an unguarded swimming pool) as long as the child is likely to have lacked the ability to appreciate the danger of the hazard.

Don’t Try to Handle Your Claim on Your Own

If you or your loved one suffered an injury in a swimming pool accident, or if your loved one died that way, you are going to need help determining whether you have a valid claim, calculating its value and successfully pursuing it.

The Dallas Personal Injury Attorneys at Rasansky Law Firm are ready to help you recover the compensation that you are entitled to. Our team of superbly qualified Dallas Ft. Worth swimming pool accident lawyers are ready to help you fight back with every weapon in their legal arsenal. Telephone us 24/7 at (214) 651-6100 or (214) 651-6100 for a free case evaluation. Keep in mind that your legal bill will be zero until we win your case.

Want to know more about Premise Liability as it relates to your case? Give us a call right now at (214) 651-6100 to learn more about your legal options, as well as how we may be able to help you on a no-win no-fee basis.