Swimming Accident and Drowning Attorney

Every year there are alarming amounts of swimming accidents and drowning’s in Texas. Young children are almost always the victims in these tragic cases. We here at Carabin Shaw can help you if any of the following has occurred to you or a loved one:

• Pool accident or drowning
• Apartment pool accident or drowning
• Water park accident or drowning
• Beach accident or drowning

When negligent parks, motel, schools, hotel or homeowner operators fail in their duty to protect individuals from harm while using their facilities, legal action should be taken against them quickly. It is important to document the case fully when legal action is taken because of statute of limitations in which to file such cases. It is crucial to move fast and acquire the evidence to support the injury or wrongful death case.

Seeking compensation after a tragic pool accident or drowning requires the skill of an attorney who has specialized knowledge in this area of personal injury law.

It is the apartment complex’s complete responsibility to properly maintain its pools and spas. It is also their responsibility to provide and up keep the security around its pools. When an apartment complex fails to do this, serious injuries or accidents can take place. Pool fences and gates can become damaged over time and fail to keep children securely outside of the pool. Most children are attracted to water and are at a higher risk of drowning when they can access a pool without adult supervision. They can fall into the water and suffer a head injury causing unconsciousness, which quickly causes oxygen deprivation that can result in permanent brain injuries or even death. If the child acquires a permanent brain injury this can lead to long-term disability which requires extensive medical care. A swimming accident and drowning attorney can find several liable parties such as the apartment managers, the pool maintenance company, apartment owners, the fence or gate manufacturer or the installers. A swimming accident and drowning attorney ensures that a claim for damages resulting from serious injuries includes medical expenses and future care.

Drowning and swimming pool accidents are some of the most tragic and horrific events anyone can experience. The Centers for Disease Control and Prevention (CDC) reports an average of about 4,000 fatal unintentional drownings in the U.S. each year (an average of 4,083 per year from 2012 through 2021) -- roughly 11 deaths every day. On top of these, hundreds more people die annually in boating-related accidents. Texas consistently ranks among the states with the largest number of accidental drownings, with most of them taking place between the Memorial Day and Labor Day weekends.

According to the World Health Organization (WHO), drowning is a leading cause of unintentional injury death worldwide, claiming roughly 300,000 lives globally each year. In the United States, about 1 in 5 people who die from drowning are children 14 years old or younger. For every person who dies, several more survive nonfatal drownings -- the CDC estimates about 8,000 nonfatal drownings are treated in U.S. emergency departments each year, many of them children. If you or a loved one has been affected by an accidental drowning, contact a knowledgeable attorney at Carabin Shaw today.

With the availability of community and privately owned pools across San Antonio, increased access to water increases the potential for drowning. Children who live in an area with easy access to pools are at the greatest risk for drowning-related injury and death. In most cases, drownings occur around pools without lifeguard supervision. The majority of drownings take place where the victim had no intention of entering the water. Other factors, such as insufficient swimming ability, lack of secure barriers, lack of supervision, alcohol use, and prior health conditions, also contribute to the high rates of drowning injuries and drowning-related deaths.

Drowning is now the leading cause of death for children ages 1 to 4 -- more children in this age group die from drowning than from any other cause. For children ages 5 to 14, drowning is the second leading cause of unintentional injury death, after motor vehicle crashes. Many young survivors require emergency treatment and hospitalization, and the hospitalization rate for near-drowning is far higher than for most other accidental injuries.

Drowning injuries that don't result in death can still lead to severe brain damage and long-term disabilities resulting in memory problems, learning disabilities, and permanent loss of basic functioning. The most severe cases result in the patient being left in a permanent vegetative state. If you have been affected, you need an experienced attorney by your side.

Many of the individuals suffering permanent neurological disability, temporary injuries, or injuries leading to death were injured in backyard pools on privately owned properties. Property owners who have a pool on their premises should be expected to take reasonable precautions to ensure the safety of visitors to their residence.

We recommend the following:

• Four-sided isolation fencing at least five feet high
• Self-closing and self-latching gates
• Fencing that encloses the pool and spa entirely, preventing direct access

Other safety precautions include:

• Motion detectors
• Effective pool covers
• Remote cameras

What should you do if you or a loved one faces the unspeakable and suffers from a drowning accident? How will you sort through all of the legal issues that are part of the aftermath of such a tragic event?

Drowning accidents in and around pools present a very special set of circumstances. Injuries are usually more serious and involve an intricate set of laws. Proving someone's negligence is often difficult and sometimes impossible. Early investigation is essential to handling these cases. An attorney can help you work through these very difficult circumstances. If you have questions about swimming pool accidents, contact the experienced team of San Antonio accidental drowning attorneys at Carabin Shaw. We understand what a difficult time it is in the days and weeks following such an event, and we will work for you with empathy and sensitivity to thoroughly investigate the circumstances surrounding your case.

If you or a loved one have been injured in a swimming accident or have drowned please contact Carabin Shaw at 210-222-2288. Our legal tem is committed to providing full legal support in pursuing justice for your family.