Who is Liable After a Drowning Accident in Texas?

Authorities say that over 100 people died by drowning in the last year alone, and at least 76 deaths were children. 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 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.

How to Avoid Drownings

Anyone is at risk of drowning in any body of water, even a bathtub. 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:

• Keep a close eye on children: Children playing in natural water sources like streams, swimming pools, bathtubs, or even buckets of water should be constantly watched when in or near water. What's more, if a child is alone for any length of time in an area with a swimming pool nearby, an adult should shut and lock all doors and windows leading to the pool.
• Take precautions to learn about potential dangers: Adults, especially those in charge of supervising children, should always take precautions to learn about potential dangers, particularly when traveling to an unknown place, another person's house, or a large body of water, like the beach. Before bringing kids to the beach, you should always check the water conditions and the most recent reports on currents, riptides, and other risks.
• Build strong, tall fencing around swimming pools: It is hard to keep an eye on a kid 24 hours a day, seven days a week, even though careful supervision is key in avoiding many unintentional drownings. The CDC advises that pools be enclosed by a fence on all four sides to prevent minors' unsupervised access to the pool area. Gates in this fence should automatically latch and close when opened or closed.
• Take swimming lessons: Everybody should learn how to swim, if possible, but a child's risk of drowning, in particular, is significantly lowered by taking swimming lessons. The ability to swim to the surface for air and locate the closest exit are two of the most important survival abilities that can be taught to children. Even very young infants may be taught to roll over in the water in the case of an accidental drowning.
• Always wear life vests: All swimmers, regardless of age or skill level, benefit from the use of life jackets. When children are in or near bodies of water such as lakes or rivers, it is imperative that they wear life jackets. Life jackets aren't only for swimmers; those who can't swim should always wear them while near water.

Who Could Be Liable For Texas Drowning Accidents?

The first step in deciding who is responsible when someone drowns 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:

• A landowner or property owner (both residential and commercial)
• Hotels and their respective companies/conglomerates
• A babysitter or other caregiver who was meant to be watching a child who drowned
• City authorities (public pools)
• Homeowner associations (HOA) or other groups that serve a particular area or neighborhood with a pool
• Management firms for swimming pools
• Boat or ship owners, if a person fell from a watercraft and droned
• Daycare providers
• Manufacturers of life jackets (if a life jacket fails)
• Construction companies or builders responsible for swimming pool installation (if some flaw in the construction of a pool caused an accident)
• Lifeguards on duty

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.

Filing a Lawsuit After an Accidental Drowning in Texas

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.

Wrongful Death Claims in 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.

Statute of Limitations For Wrongful Death in Texas

Like other personal injury claims, a wrongful death case is subject to a statutory deadline within which any claim must be submitted. The court will often reject a claim that is submitted after the statute of limitations has expired.

The statute of limitations for filing a wrongful death case in Texas is two years from the date of the victim's death. In most cases, the clock on a personal injury claim began ticking on the day that the accident that resulted in the injuries happened. By contrast, in Texas, the clock on a wrongful death lawsuit does not start ticking until the day following the victim's death from drowning.

Call the Rasanky Law Firm After a Drowning in Dallas

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.