Swimming Pool Accidents at Vacation Rentals in Galveston TX: Your Legal Rights

With mild weather year-round, many people seeking vacation rentals in Galveston, Texas, are looking for a property with a pool. While a pool is a delightful amenity for guests of all ages, it can pose a risk if not properly maintained. Lack of barriers or broken ladders can lead to various injuries and even drownings.

The Galveston personal injury attorneys at Carabin Shaw are there in the aftermath of tragic pool accidents at vacation rentals. We offer free case reviews in English or Spanish to help victims understand their legal options and maximize damages, as our law firm’s client reviews attest. Our compassionate team is available 24/7 at 1-800-862-1260.

Injuries from a swimming pool accident might include:

• Brain damage after a near-drowning experience
• Fractures and soft tissue injuries after a slip-and-fall accident
• Lacerations or drowning from drain entrapment
• Eye injuries or respiratory issues from pool chemicals
• Sprains or fractures from slippery tile floors
• Fractures or near-drowning from broken ladders or handrails

Even nonfatal accidents can result in serious, permanent disabilities, such as brain damage or paralysis. Accident victims may require ongoing financial support for a lifetime to get the care they need and provide for their families. Your lawyer will calculate your damages to ensure you have sufficient compensation for all your losses.

One of the complexities in filing a claim for a vacation rental swimming pool accident is determining who was at fault. Responsible parties might include:

• The property owner or host
• Maintenance companies
• Pool service companies
• Equipment manufacturers
• Housekeeping services

A personal injury attorney will investigate the accident to determine the cause and identify the responsible parties. The sooner you contact a firm like Carabin Shaw, the faster they can go to work on your case.

Identifying the responsible parties is the first step in filing a personal injury claim. You must also show that the at-fault party’s negligence led directly to your accident and injuries.

First, you must demonstrate that the party owed you a duty of care. As a paying guest in a vacation rental, you are considered an invitee under Texas law, entitled to the highest duty of care from the property owner and host. This duty of care includes:

• Provision of a safe, healthy property for guests
• Regular inspections of the property for potential hazards
• Prompt repair or replacement of any issues
• Adequate warning of existing hazards

This duty includes all aspects of the property, including swimming pools. Next, your attorney must show breach of duty, which means the at-fault party knew or should have known about the dangerous condition and failed to address it. Finally, you must link the breach directly to the accident and your injuries.

Accidents at vacation rentals are often covered by Host Protection Insurance, which Airbnb provides. However, the coverage may be limited and doesn’t cover all injuries. The insurance provider may also dispute your claim, as companies often look for ways to reduce or deny claims to save their bottom line.

If you can show the at-fault party’s negligence led to your accident, your lawyer can also file a personal injury lawsuit against that party. A lawsuit allows you to seek compensation beyond what an insurance settlement might offer. Under Texas law, you can seek various damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability and disfigurement
• Loss of consortium

The statute of limitations on personal injury claims in Texas is just two years from the date of the accident. It’s critical to get the process started right away to ensure you have time to file a lawsuit if negotiations with the insurance company don’t result in a satisfactory settlement.

A swimming pool accident at your vacation rental can turn a relaxing getaway into a stressful nightmare. Don’t navigate the complex legal process without professional guidance from Carabin Shaw. Our attorneys offer services on a contingency-fee basis, so you pay nothing until we win your case. Call us today at 1-800-862-1260.

For more information:

• Texas Statutes 75
• Cornell Law School
• Texas Statutes 41