How Liability is Determined After a Swimming Pool Accident

According to the most recent census data, 16% of American homeowners have swimming pools. But just because pools are commonplace, does not always mean that they are safe. Each year, thousands of adults and children drown—or are seriously injured—in swimming pool accidents. If you or your loved one has suffered a swimming pool injury, you may have a claim against the pool owner for negligence because of premises liability laws in Texas. If you’re wondering how liability is determined after a swimming pool accident in Dallas, our expert Dallas injury lawyers at Carabin Shaw are here to help. Read on to learn more about understanding premises liability laws, qualifying for swimming pool accident compensation, and choosing the right accident lawyer serving Dallas.

Swimming pool accident claims generally fall under the legal category of premises liability. But what does premises liability mean? Basically, premises liability is a legal concept that comes into play when a property owner does not uphold their duty to maintain their premises and prevent dangerous conditions, or warn visitors of hazards on the property through signage. So premises liability comes into play whenever a property owner fails to ensure that their property is safe for guests, tenants, or customers.

In short, premises liability refers to the laws that govern who is considered responsible for injuries that occur due to the condition of a building, of land, or of other premises.

You may be wondering who can be held liable after a swimming pool accident. The only way to know who can be held liable is to consult a professional accident lawyer serving Dallas, who will review the accident circumstances on a case-by-case basis. Some parties who may be held liable following a swimming pool accident include:

Because of premises liability, the owner of the pool is the person most often held legally responsible for an accident occurring on their property. Private and public pool owners alike may be held responsible for accidents in and around their pools.

In Texas, lifeguards have a legal duty to supervise the people swimming under their care, and failure to do so while on the job is negligence. However, if no lifeguard was on duty at the time of the accident, lifeguards may not be held responsible.

Texas pool owners who did secure their pool are not necessarily in the clear, because Texas law dictates specific requirements for the gates, locks, and signs that must be posted around all pools. Even if the owner fenced their pool, they may be held liable if the fence was not the required 4-feet in height, for example.

If you’re hoping to recover compensation after your swimming pool accident, you first need to consult with a qualified Dallas injury lawyer in order to determine whether negligence played a role. If your lawyer finds evidence of negligence, they will then help you determine how to best proceed with your claim in order to receive the maximum compensation. Depending on the severity of the injuries, you may be eligible to recover damages for medical bills, pain and suffering, and more.

If you’re ready to consult with an attorney, our experts at Carabin Shaw are here to help. Our lawyers have 200 years of combined legal experience and have been serving Texans for more than two decades. We’ve recovered more than $500 million in compensation for our clients and have extensive experience handling swimming pool accident claims. To schedule your free consultation with an accident lawyer serving Dallas, call our Dallas office at 1-800-862-1260 today.