Legal Options After a Swimming Pool Accident in Texas
On a hot Texas afternoon, swimming is a great way to cool off and relax with your loved ones. But while you enjoy the cool water, remember that it is important to keep yourself safe. Unfortunately, many people suffer from swimming pool accidents. The Centers for Disease Control reported that an average of 3,536 people died from drowning annually in 2005 to 2014. If you live in the Dallas area and have been affected by a swimming pool accident, consult with a lawyer at Carabin Shaw.How Swimming Pool Accidents Happen
Injuries do not discriminate; they can happen to anyone, anywhere. Whether your accident occurred in a public or private pool, you may have a swimming pool accident claim. Our accident attorney serving Dallas can help you prove negligence.
Swimming pool accidents can lead to serious, life-threatening injuries such as broken bones, spinal cord injuries, neurological damage, and in worst case scenarios, wrongful death.Here are a few reasons why swimming pool accidents occur:
- Slippery surfaces - If a pool is not properly monitored, or there is no signage about slippery surfaces, a person can easily slip and fall.
- Barriers - Fencing can prevent many drowning accidents from occurring. Children are especially at risk if a pool is not properly fenced in. It is Texas law for property owners to have an enclosed fence that is at least 48 inches high.
- Lack of supervision - It is also Texas law that pool owners must supervise children in pools or on their property.
- Defective pool parts - If a diving board or pool drain cover is broken, it can be a serious hazard for those swimming.
If any of these causes sound familiar to you, our Dallas personal injury attorney can help you figure out who is at fault. Swimming pool law is often confusing, and you may be wondering about your legal options after a swimming pool accident in Texas. Contact an accident attorney serving Dallas as soon as possible: the earlier you talk to one of our attorneys, the quicker your questions will be answered.Who Should Be Held Responsible?
According to Texas premises law, an injured person can file a personal injury or wrongful death claim against the property owner. These laws apply to both public swimming pools and private residences.
Additionally, Texas has adopted the “attractive nuisance” doctrine, which states that pool owners are liable for the physical harm of children, regardless if they trespassed.
Parties that may be liable according to Texas premises laws include:
- Homeowners of a residential pool
- Corporate owners of a private pool such as in gyms, hotels, and apartment complexes
- Government entities that own public pools, community pools, and school pools
However, keep in mind that although it is possible to hold a government entity responsible for your accident, is it rare and often difficult.
Also, remember that if someone has been injured while swimming on another person’s property, the injured person has two years from the date of the accident to file a lawsuit.What Evidence Do I Need to Prove Liability?
There is a variety of evidence that can help you and your attorney prove negligence. This can include:
- Police reports
- Eyewitness statements
- Medical bills
- Photos and videos of the accident scene
- Employer records and reports
Figuring out who is at fault and how to prove negligence can be confusing. If you live in the Dallas area, it is important to talk to a Dallas personal injury attorney about the details of your case.Talk to a Lawyer about Your Swimming Pool Accident Claim Today
At Carabin Shaw, we have an accident attorney serving Dallas who can tell you what your legal options after a swimming pool accident in Texas are. Call us for a free consultation today at 1-800-862-1260.