Drowning Accidents at Apartment Pools in Houston: Legal Rights for Surviving Family Members in Texas

Losing a loved one in a drowning accident at a Houston apartment swimming pool is a devastating tragedy, especially when many accidents are preventable with proper supervision and safety measures. However, drowning is a leading cause of death among children, and most of those drownings happen in swimming pools. Whether you’ve lost a child or an adult in a pool accident, the Houston wrongful death attorneys at Carabin Shaw can help you determine whether you have a valid wrongful death claim.

The possibility of hiring a local Texas lawyer may be far from your mind as a grieving family member, but calling sooner rather than later can help your wrongful death case. At Carabin Shaw, we provide a free consultation, and we offer our services on a contingency-fee-basis. Our goal is to make it as easy as possible to hold at-fault parties accountable for your losses, so you can get the compensation you deserve. Contact us today to learn more.

One of the biggest differences between pool drownings at an apartment complex and drownings on natural bodies of water is that there are strict safety rules for apartment pools in the Texas Health and Safety Code. In Houston, Texas, these rules include:

• Pools must have an enclosure that is at least 48 inches high.
• Pools must have a self-closing and lockable gate.
• A property owner or property owner’s association must maintain the enclosure and gate.

As a public or semi-public pool, apartment owners must also follow the health department’s guidelines regarding the general sanitation of swimming pools. This includes water clarity requirements and chemical testing. Not adhering to safety protocols does not automatically make a building owner liable for a wrongful death. However, it can help your lawyer establish a pattern of violations or neglect that supports your claim.

An accident becomes a wrongful death when another party fails to uphold their duty of care, and a person dies as a result. For apartment pool owners, this duty of care generally means maintaining a reasonably safe condition for tenants and guests. In the case of a Houston apartment pool drowning, an apartment owner may also owe a duty of care to trespassers, as the law might consider the pool an “attractive nuisance.” In other words, it has a propensity to attract trespassers, especially children.

A pool drowning lawyer in Houston can only file a wrongful death claim for the immediate family members of the deceased. This includes:

• Parents
• Children
• Spouse

At Carabin Shaw, we are compassionate about your situation and want to help you protect your rights as a grieving family member. If you are hesitant about calling for a consultation, please read our law firm’s client reviews to find out how we’ve helped people like you to receive fair wrongful death compensation.

In a wrongful death case, your lawyer helps you claim damages that you experienced as a grieving family member. This is separate from the damages your deceased loved one may have experienced, which exists in a survivorship claim. Damages in a wrongful death case include:

• Lost income or benefits
• Funeral costs
• Loss of companionship
• Mental anguish

The attorneys at Carabin Shaw have decades of experience handling wrongful death cases, and we know how to calculate your damages to ensure you get fair compensation. We can also help you pursue a survivorship claim if that is an option. Contact us online if you have any questions concerning your legal options after a loved one’s death.

Your right to compensation after losing a family member isn’t only a financial matter. Holding liable parties accountable for their negligence offers some sense of justice, especially when the party has committed no punishable crime. Schedule an appointment with an attorney at Carabin Shaw today by calling toll-free 1-800-862-1260. We have English- and Spanish-speaking staff, and someone is available to speak with you 24/7.

For more information:

• Safe Kids Greater Houston
• Texas Statutes 757
• Health Services 265