Port Arthur Swimming Pool Accident Lawyers

Providing Strong Legal Representation to Help Clients Secure Top Compensation

Swimming pools are a popular recreational activity enjoyed by people of all ages. In fact, it is estimated that there are over 10.4 million residential swimming pools in the United States, and at least 801,000 of these pools are spread across the state of Texas. However, swimming pool accidents are common across the Lone Star State and can result in serious injuries and even fatalities. When a swimming pool accident is caused by another party’s negligence, the injured victim may be entitled to seek damages compensation.

The attorneys at The Alfred Firm explain how swimming pool accident claims work in Texas and what your options are if you were hurt in a pool accident caused by someone else’s negligence. Remember – each case is unique, and results are not guaranteed. Call our office at 713-489-1875 to get answers concerning your particular case.

What Do Pool Owners Have to Do to Prevent Accidents in Texas?

In Texas, pool owners are responsible for taking the necessary steps to maintain a safe environment in their pools and around the perimeter of their pool decks, as proper pool maintenance and safety are key factors in preventing swimming pool accidents. This includes keeping the pool water clean and safe, ensuring the pool has adequate fencing and self-latching gates, as well as regularly inspecting the pool and surrounding area for any potential hazards, such as loose tiles or concrete, debris in the pool, and any objects that could pose a tripping hazard.

Regular inspections are an opportunity to uncover dangerous issues that could lead to accidents, such as loose or broken pool ladders and diving boards, and other hazards at the bottom of the pool, such as unsecured drain covers that could lead to a swimmer getting their hair, swimsuit, jewelry or pool toy getting caught in the drain and leading to drowning by entrapment.

Pool owners should also make sure their pools are equipped with adequate safety and rescue equipment, especially at a pool with public access, such as at a hotel, apartment complex, or social club. Items such as life jackets, rescue hooks, and safety ring buoys can be crucial to prevent drownings. Adequate fencing, secure gates, and pool alarms can prevent young children from accessing the pool without adult supervision.

What Are the Most Common Injuries Resulting From Swimming Pool Accidents?

Swimming pool accidents can lead to a variety of injuries, many of them potentially leading to lifelong disabilities or even death. Head injuries are one of the most common types of injuries associated with swimming pool accidents. These can occur due to diving into shallow water, hitting the side of the pool, or colliding with another swimmer. Some head injuries can also occur as a result of a slip-and-fall accident around the pool deck. Head injuries can range from mild concussions to severe traumatic brain injuries (TBIs), requiring immediate medical attention and potentially leaving victims permanently disabled.

Spinal cord injuries are another serious type of injury that can occur in swimming pool accidents. These injuries can happen due to diving into shallow water, hitting the bottom of the pool, or falling from equipment such as pool slides or diving boards. Spinal cord injuries can disrupt communication between the brain and the body, resulting in paralysis or even permanent disability.

Drowning is another serious risk associated with swimming pool accidents. It can happen when swimmers are inexperienced, under the influence of alcohol, or suffer from medical conditions that make them unable to swim effectively. Drowning can also occur due to entrapment, meaning when an unsecured pool drain causes a swimmer to become trapped due to the suction power of the drain.

How Is Fault Determined in a Swimming Pool Accident in Texas?

If you or a loved one were a victim of a swimming pool accident, the first step to determining liability is to pinpoint whether the accident could have been prevented if the pool owner had not acted with negligence. In other words, suppose you suffered a serious head injury after an accident caused by a broken pool ladder. You were using the pool ladder as intended and were not engaging in any reckless behavior, such as horseplay, when the ladder failed and caused you to hit your head on the side of the pool. In this case, it could be determined that the pool owner may be held responsible for your accident because they should have repaired or replaced the defective ladder before anyone could be injured by it.

In contrast, suppose you were injured in a swimming pool accident after ingesting alcohol and engaging in dangerous behavior, such as diving in a shallow area of the pool. In this case, the pool owner may not be liable for your injuries as it may be determined that your behavior was the main cause of your injury and damages. These scenarios are for illustration purposes, but in both situations, evidence such as video surveillance footage, medical reports, and witness statements may be useful to help determine liability for the accident.

How Much Is a Swimming Pool Accident Claim Worth?

Swimming pool accident victims may be entitled to recover compensation for their injuries when they are able to prove that their accident was a direct result of the pool owner’s negligence in exercising their duty of care and preventing foreseeable hazards in and around their swimming pool. In other words, if the pool owner was negligent and their negligence led to the victim’s injuries, the victim may file an insurance claim or a personal injury lawsuit to obtain compensation for their damages.

The monetary value of a swimming pool accident claim varies depending on the severity of the victim’s injuries and on the extent of their economic and non-economic damages. Economic damages are the financial losses resulting from the injury, accident, and recovery process. Economic damages typically include medical bills and other medical expenses (such as co-pays, medication, the cost of exams and physical therapy), lost wages, and loss of future earning potential (in cases where the victim’s injury leads to permanent disability that will affect their ability to make a living).

Non-economic damages are the subjective effects of the accident, such as the pain and suffering the victim may have endured as a result of the injury and recovery process, the trauma caused by the accident, the post-traumatic stress disorder, and the mental anguish they may experience during the recovery process. In general, the more serious the victim’s injuries and the more significant their damages, the higher the value of their claim may be. However, the only way to obtain a more precise estimate of how much money you may be able to receive for your claim is to talk to a skilled Port Arthur swimming pool accident lawyer.

Why Should You Hire an Attorney for Your Case?

When you have sustained a serious injury after a swimming pool accident on someone else’s property, you may be feeling overwhelmed and unsure about whether you have any rights to compensation and how to file a claim against the negligent party. Should you file an insurance claim, or should you just go straight to the courtroom and initiate a lawsuit against the party responsible for your accident? What kind of evidence do you need to prove your case? These and other questions can all be answered by an experienced swimming pool accident attorney.

A personal injury attorney can help you determine the best course of action for your case, inform you of how much you can expect to receive as compensation, and handle all aspects of your case for you so that you can focus on healing. At The Alfred Firm, injured clients in Port Arthur and surrounding areas can get the knowledgeable, assertive legal representation they need to navigate their swimming pool accident case with confidence.

Our law firm is prepared to handle all tasks pertaining to your case – from gathering evidence to prove that a pool owner was negligent and liable for your damages, handling insurance phone calls and communications, and negotiating a fair settlement to representing you in the courtroom if a trial is necessary for your case. Even if you do not intend to go to court, it is best to work with a team of skilled trial lawyers who the insurance company knows can take them to the courtroom if needed. The Alfred Firm is here to help you protect your rights as an injured victim and do everything possible to secure maximum compensation on your behalf. Contact our law firm at 713-489-1875 and request a free consultation to discuss your case.