Houston Swimming Pool Accident Lawyer

Providing Legal Representation for Injured Clients

According to the Centers for Disease Control and Prevention (CDC), drowning is one of the leading causes of death for children, but it can also affect anyone. In fact, the CDC estimates there are as many as 4,000 fatal unintentional drownings in the United States every year, as well as over 8,000 nonfatal unintentional drownings. Over 40% of unintentional, nonfatal drowning cases can result in long-term health issues and require hospitalization or long-term care.

In an effort to prevent drownings and other serious swimming pool accidents, the state of Texas requires swimming pool owners to comply with a variety of safety rules and requirements. When owners fail to adhere to these rules, they can be held responsible for accidents that occur in or around their swimming pool. The attorneys at The Alfred Law Firm explain how swimming pool accident claims work in Houston and when to seek legal help for your case.

What Are the Swimming Pool Safety Laws in Texas?

In Texas, swimming pool safety laws can vary according to the city, town, or municipality, but in general, swimming pool owners are responsible for installing and maintaining adequate safety devices such as fences, covers, and alarms. All pools must have fences that are at least 48 inches tall and surround the entire pool. The fences must not be made of chain link material and must be equipped with self-closing, self-latching gates that swing inward and have the latch located on the inside of the gate.

All pools must also be equipped with a safety ladder or steps that can be used to exit the pool. The same rules apply to above-ground pools. Pool owners must also ensure that their swimming pool is properly maintained and inspected regularly to prevent accidents. In Houston, pools are subject to rules similar to those imposed by state laws, but pool owners are also required to post a safety sign that is clearly visible and says “No Swimming When Unattended.”

Why Are Swimming Pools Considered an Attractive Nuisance?

An attractive nuisance is a potential hazard on a person’s property that is likely to attract children and could potentially lead to injury or death. Examples of attractive nuisances include swimming pools, open wells, and abandoned machinery. The concept of attractive nuisance is important as swimming pool owners have the duty to protect others – particularly children – from foreseeable risks or hazards on their premises.

In the case of swimming pools, they are considered an attractive nuisance because they are inherently dangerous and can be very inviting to children who may not understand the risks involved and could easily try to enter the swimming pool area without their caretaker noticing them. This is one of the many reasons why swimming pool owners should observe Texas swimming pool laws and ensure their property is compliant with all safety regulations, as they could be held liable for any accidents.

How Is Liability Determined in a Swimming Pool Accident?

Swimming pool accidents are a category of premises liability claims. A premises liability claim can be initiated whenever an individual who is lawfully present on someone else’s property becomes injured because of the property owner’s negligence in maintaining a safe space for everyone. If someone becomes injured as a result of a swimming pool accident, it is crucial to determine whether the individual or organization that owns or controls the swimming pool has been negligent in any way.

For example, suppose an unsupervised child was able to gain access to the pool area at a hotel because the pool area lacked adequate safety features to keep children from accessing the pool without an adult present. The child ended up drowning but was able to be rescued and taken to a hospital. In this case, the hotel owners may be held liable for the accident and any resulting damages due to their negligence in maintaining an adequate gate latch and safety mechanism.

In contrast, suppose a teenager was using a public pool and engaging in horseplay, such as running around the pool deck or jumping into the pool and ignoring the posted warning signs that said such behaviors are not allowed. The teenager ends up slipping, falling, and hitting his head on the pool deck. In this case, it is likely that the pool owner may not be held responsible for any damages, as the accident victim’s behavior is likely the cause of their own injuries. If you are not sure about whether you have a case after being injured in a swimming pool accident, it may be a good idea to speak to an attorney about your case.

Will Insurance Cover Swimming Pool Accidents?

If the accident took place in a private pool, it is important to verify whether the homeowner’s insurance policy provides any type of coverage for swimming pool accidents. Not every homeowner’s policy includes swimming pool liability – some homeowners need to purchase additional coverage or opt for an umbrella policy, and even then, their coverage may not be enough to make up for all the damages a victim may incur after a swimming pool injury.

While filing an insurance claim for a swimming pool injury may be a feasible option in some cases, insurance companies are notorious for offering victims a settlement amount that does not adequately cover their damages. This is when you may want to consider speaking to a skilled Houston swimming pool accident lawyer about your case. Your lawyer can help conduct negotiations with the insurance company and can also take your case to trial if necessary.

How Can I Recover Compensation After Losing a Loved One in a Swimming Pool Accident?

If you have lost a loved one in a swimming pool accident, you may want to speak to an attorney to see if you may be eligible to file a wrongful death lawsuit. A wrongful death lawsuit is a type of civil lawsuit that can be filed when a person passes away as a result of the negligence or wrongful act of another. It is similar to a personal injury case as it provides an opportunity for the plaintiff to hold the at-fault party responsible for their damages. However, in a wrongful death claim, the plaintiff’s injuries were so severe that they did not survive, so the claim is brought forth by the surviving family members of the deceased individual in order to seek compensation for their loss.

However, it is important to understand that it is up to the decedent’s family to prove that their loved one’s death was a result of negligence. For example, if you lost a loved one in a swimming pool accident, you will need to show that your loved one died because the owner of the swimming pool was negligent, failed to maintain a safe environment, and did not follow the requirements established by state laws concerning swimming pool safety rules. Damages in a wrongful death claim can include medical expenses, funeral costs, lost wages, and loss of companionship. In some cases, punitive damages may also be awarded.

Why Should I Hire an Attorney for My Case?

Swimming pool accident claims can be complex, and pool owners (or their insurance company) may be quick to blame the victim for their own injuries in order to try to escape liability for the accident their negligence likely has caused. By working with an attorney, you will be putting your case in the hands of a professional who knows how to handle negotiations with the insurance company and can leverage their knowledge of the law to build a strong case in your favor.

A swimming pool accident attorney can help you investigate the circumstances of your accident and recover important evidence (such as video surveillance footage or eyewitness testimonies) to help establish liability and protect your rights to fair compensation. At The Alfred Firm, our experienced swimming pool accident attorneys have handled several cases in Houston and surrounding areas and successfully represented a variety of injured clients.

Our legal team is equipped to take care of every aspect of your case on your behalf – from handling insurance phone calls to recovering evidence for your case and even representing you in a courtroom trial if necessary. However, you should remember that a swimming pool accident claim is subject to a legal deadline called a statute of limitations, which only gives you two years to file a claim, counting from the date of the accident. The sooner you reach out to one of our attorneys, the better your chances may be to recover compensation.

If you have been injured in a swimming pool accident and need legal help, reach out to The Alfred Firm by calling 713-489-1875 and requesting a no-commitment initial consultation to discuss your case.