Filing a Lawsuit After a Swimming Pool Accident | Public Pool Liability
As everyone knows, the summer time in Houston can get brutally hot, and everyone in the neighborhood loves cooling off at the public pool. But unfortunately, with the increased usage of the facilities comes an increased risk of injury, including slips and falls, diving accidents, chemical mishaps, and, in the worst case, accidental drowning. If you or someone you love has been injured and want to learn more about filing a swimming pool accident claim, the accident attorneys in Houston at Carabin Shaw are here to help.Your First Step Is To Seek Medical Attention
Before you contact an attorney or even begin thinking about filing a lawsuit after a swimming pool accident, your first step should be to get medical treatment and document it. Even if you think you feel okay or if your child says he/she feels okay, remember that sometimes, internal injuries or head injuries (like a concussion) show delayed symptoms. After this, you should start looking into contacting a personal injury attorney in Houston.Who Is Liable For Accidents At A Public Pool?
Your attorney is going to ask you a lot of questions, including when and where the injury took place and if you had specific permission to be there. In a premises liability case, the owners of the pool are required to make it safe for people who are invited to use it. But know that even in cases where a person is trespassing, owners of public pools are still legally responsible for making sure the grounds are reasonably safe, especially for children who might not realize how dangerous the area is (this is why public pools fall under the category of “attractive nuisance”). These precautions include things such as:
- Putting up fencing around the pool that precludes children from entering
- Making sure the chemicals in the water are safe
- Having lifeguards and adequate signage warning swimmers of water depth and safety exits
- Properly installing pool drains and pumps
- Keeping diving boards in good working in order
If you think the owners of the public pool where you were injured did not follow these guidelines, contact an accident attorney in Houston right away so you can start working on filing a lawsuit after a swimming pool accident.What If I Am Partially Responsible?
Your lawyer will then ask you about the specifics of the accident, and you need to be honest if any of it was your (or your child’s) fault—for example, by not following rules or engaging in horseplay. You’ll still be able to receive compensation awarded for damages on the swimming pool accident claim, as long as you are found to be less than 51% liable for causing the injury.
If it does turn out that both you and the owners of the public pool will be sharing liability, then you will receive a portion of the damages commensurate with your liability; that is, if you are found to be 30% liable for the accident, you’ll receive 70% of the payout. This is why it’s so important to consult with a personal injury attorney in Houston, so they can help you assess your individual situation.Filing an Accident Claim in Houston, Texas
There’s no question that a swimming pool accident is terrifying and can have catastrophic consequences, especially if it involves a child. But it’s important to understand your rights as a parent if your child was injured at a public pool. A premises liability suit may be able to help you recover damages and pay for your medical bills and pain and suffering.
Reach out to Carabin Shaw for a no cost, no obligation consultation with a qualified accident attorney in Houston as soon as possible. Our lawyers have over 200 years of combined legal experience and have recovered over $500 million for our clients. Call us today at 713-654-9991, and get the justice you deserve.