Pregnancy and childbirth are meant to be times of anticipation and excitement, but they can also be times of worry and fear. Childbirth is a delicate process, and even the tiniest of complications […]
Authorities say that over 100 people died by drowning in the last year alone, and at least 76 deaths were children. Moreover, most of these drownings occurred in residential swimming pools. According to official estimates, there are seven times as many nonfatal drownings in Texas as fatal ones among minors ages 1 to 15.
However, no matter the outcome, drownings often leave loved ones asking what might have been done differently. And despite the fact that losing a loved one is never easy, it's far more difficult to accept when the tragedy is preventable.
Drowning accidents in swimming pools have become all too prevalent, making it crucial to have the contact information of Texas drowning accident attorneys at the ready. If you need to speak with an attorney in the Dallas area, contact the Rasansky Law Firm, and we will gladly discuss your case with you at no cost.
Anyone is at risk of drowning in any body of water, even a bathtub, but swimming pool accidents are particularly common. But thankfully, tragic deaths from drowning are frequently avoidable if safety measures are implemented. The Centers for Disease Control and Prevention (CDC) released recommendations recently to reduce the number of unintentional deaths by drowning, including:
The first step in deciding who is responsible when someone drowns in a swimming pool is usually looking into whether a property owner was negligent in any way.
The circumstances surrounding the accident, including the location and any preventative measures taken, are important considerations when trying to ascertain the likelihood of unintentional drowning. After an accidental drowning, the following parties could be held liable:
Anyone responsible for a swimming pool on their property has a duty to take measures to avoid drowning accidents. If a drowning happens and certain measures are not implemented, the responsible property owner, company, organization, or other entity may be held accountable.
Still, after an accidental drowning, determining fault may be exceedingly challenging. That's why it's crucial to contact a lawyer specializing in Texas drowning accidents to assist.
Family members may seek financial relief for the victim's death by filing a personal injury or wrongful death lawsuit in Texas.
It is often accepted that a wrongful death claim may be pursued if it can be shown that the victim might have pursued a personal injury claim against the party responsible for creating the accident had he or she survived the drowning.
However, if the drowning accident results in the victim's death, they cannot file a personal injury claim on their own behalf; in such cases, specific family members may file a wrongful death claim in many jurisdictions, including Texas.
Most jurisdictions do indeed permit wrongful death lawsuits, but the laws of those jurisdictions vary with respect to who may file such a claim. For instance, the victim's immediate family members may file a wrongful death claim in Texas, as defined by the Texas Civil Practice and Remedies Code.
Although the victim's parents and children are eligible to file a wrongful death claim, the victim's grandparents and siblings are not. However, the executor or administrator of the victim's estate may file a wrongful death claim if no one else has done so within three months after the victim's death.
Like other personal injury claims, such a case is subject to a statutory deadline within which any claim must be submitted. For instance, the statute of limitations for filing a wrongful death case in Texas is two years from the date of the victim's death.
Several entities may be held liable if you sustain injuries on private or public property, especially when it comes to drownings. Thankfully, you may be able to recover some of the costs associated with your injuries and recovery, as well as any income you lost while unable to work. And if you lost a loved one in a drowning accident in Texas, you may have the right to bring a wrongful death claim against the party at fault.
Clients in Texas have relied on the attorneys at the Rasansky Law Firm for decades due to our commitment to assisting individuals like you.
Don't hesitate to get in touch with our Dallas premises liability attorneys at 214-617-1816 if you or a loved one has drowned in Texas due to the negligence of another party.
We offer a free initial consultation to help you and your family get started, and we are available whenever you are ready to learn more about filing a claim and protecting your legal rights.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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