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Legal Guidance After A Swimming Pool Accident in Houston

Houston is known and loved for the hot sun, grilling out, and having fun in swimming pools. However, unsupervised swimming—especially in areas that are not well-maintained—can be very dangerous, and often lead to fatal accidents. According to the CDC, 3,500 people died each year in the United States from accidental drowning (from 2005-2014), or about ten per day. In addition, the CDC notes that for each child who dies from drowning, five other children are sent to the ER for grievous injuries.

If you’ve found this article, you might be seeking legal guidance after a swimming pool accident in Houston, and wondering if you can file a swimming pool accident claim. The Houston accident lawyers at Carabin Shaw are here to help.

What You Need To Know

One of the easiest ways of preventing an accidental drowning or injury from submersion is to make sure children are given swimming lessons at an early age, as well as making sure adults know how to administer CPR. However, accidents nevertheless still do happen, and quite frequently. Swimming pool accident claims are typically categorized as “premises liability” cases, which means that there are governing state laws requiring property owners to keep the area safe for visitors. So if you or a loved one has been injured, you should contact an attorney as soon as possible.

Houston injury lawyers will tell you that in Houston, as well as the rest of Texas, swimming pools are considered “attractive nuisances,” or areas that attract people and children even if they don’t have permission to be there, or are trespassing. What this means is that people who own pools—residential or public—have a reasonable legal obligation to make sure of certain things:

  • The chemicals in the water are safe, balanced, and non-toxic
  • The grounds are well-maintained
  • There must be fencing on all four sides of the pool that is at least four feet tall and doesn’t have any gaps or other openings that someone can fit through
  • The gates on the fences must be outward-opening with latches that are high enough to be out of the reach of young children
  • There is a cover for the pool when not in use
  • The deck and pool are clear of toys
  • For public pools, there should be signs indicating the depth of the water, lifeguards, and emergency equipment readily available

Every accident is tragic and complex, and qualified Houston accident lawyers can help evaluate your case, gather evidence and witness statements, consult with experts, and keep track of deadlines while you focus on recovery. They will be able help determine liability in the accident, as well as discover negligence on behalf of the property owner, or if there was defective equipment present or a faulty design in the construction of the pool area (for example, pool decks should be concrete or some other material that prevents people from slipping and falling when it becomes wet). In addition, there may be other forms of liability that factor into the case—and your lawyer is there to help you figure these out and understand your rights. Remember, you don’t have to fight this battle alone.

Call the Houston Injury Lawyers at Carabin Shaw Today

If you or a loved one has been injured, you should contact an attorney to discuss your potential swimming pool accident claim. If you’re seeking legal guidance after a swimming pool accident in Houston, look no further than the Houston accident lawyers at Carabin Shaw. Our lawyers offer a no cost, no obligation consultation. Call 800-862-1260 today.


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