Texas Accident & Injury News
Young children are at an extreme risk of drowning accidents.
Kartier Cunningham Drowns in Apartment Complex Pool on the Northeast Side
According to a News4SanAntonio report, a toddler drowned in an apartment complex pool last night.¹
Police reported the accident happened at around 9:30 p.m. Wednesday, August 6th, at an apartment complex on Nacogdoches Road and Judson Road on the Northeast Side. The boy, later identified as Kartier Cunningham, was unresponsive when emergency responders arrived. They performed CPR for 30 minutes, but he was ultimately pronounced dead at the scene.
The child had been at the pool with family who were hosting a get-together on what was the boy’s 3rd birthday. The mother, who was cooking, noticed the boy was no longer in sight and asked another child where he was. A child reportedly replied, “In the pool.” Authorities believe the drowning was accidental. The investigation is ongoing.
Did You Know?
87% of drowning fatalities for children younger than 5 in the U.S. happen at home in pools and hot tubs.³
Can San Antonio Apartment Complexes Be Held Liable for Child Drownings?
While some drownings are considered accidental, that doesn’t always mean no one is responsible. In Texas, apartment complexes have a legal duty to secure pool areas and follow specific safety regulations designed to protect residents—especially young children.
If those safety measures are missing, broken, or ignored, the property owner could be held liable under Texas law.
What the Law Requires for Apartment Pools in Texas
According to the Texas Health & Safety Code Chapter 757, all public swimming pools at apartment complexes—including those in San Antonio—must be enclosed by a secure barrier that meets the following standards:²
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Fencing must be at least 48 inches tall
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Gates must be self-closing and self-latching, with latches positioned at least 42 inches off the ground
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No gaps or openings in the fence that would allow a child to pass through
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No chain-link fencing for newly constructed barriers
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Access to the pool should be restricted so children can’t enter unsupervised
Owners are also responsible for conducting monthly inspections and promptly fixing any issues—such as broken latches, sagging gates, or missing warning signs—that could create a hazard.
When Property Owners May Be Liable
If a child is injured or drowns because a pool gate was left open, broken, or not up to code, the apartment complex may be held legally responsible.
Common examples of negligence include:
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Broken or unsecured fencing
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Non-working latches or gates left propped open
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Poor lighting or lack of visible warning signs
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Failure to correct known safety issues
Even if the child was not a resident, Texas courts recognize that pools are considered an “attractive nuisance”—a feature that naturally draws young children and requires extra caution from property owners.
What Families May Be Entitled to
When a drowning occurs due to negligence, surviving family members may be able to pursue a wrongful death claim. This kind of legal action can help cover:
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Funeral and burial costs
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Any medical care provided before the child passed
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Loss of companionship and emotional trauma
In Texas, family members who can bring a wrongful death claim typically include the parents, spouses, and children of the deceased.
Have You Lost a Child in a Drowning Accident in San Antonio? Call Shaw.
No parent expects to lose a child this way. But when a property owner’s failure to follow basic safety rules contributes to your child’s death, you may be entitled to pursue legal action against them.
We’ll help you find out if you have a case for free.
Call Shaw today at 800-862-1260 for a free case evaluation with an experienced drowning accident lawyer in San Antonio. There are no fees or obligations attached—just the expert legal advice you need when you need it the most.
Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first. We look forward to serving you.