Swimming Pool Injury Lawsuits | Public Vs. Private Pools

An average of ten Americans die each day by drowning, and Texas leads the nation in swimming pool drowning deaths. Because drowning deaths are such a huge problem facing our nation and our state, there are laws in place to ensure that swimming pool owners secure their pools and warn visitors of potential hazards. Unfortunately, however, many pool owners do not always ensure that their pools are properly maintained and secured—and the result is often tragic. If you or someone you love has been injured in a swimming pool injury in Houston on another person’s property, you may have grounds for a Texas swimming pool accident claim. Our experts at Carabin Shaw have compiled a brief overview of what you should know about filing swimming pool injury lawsuits in Texas, as well as tips on choosing the right Houston accident attorney. Read on to learn more.

Premises liability is the legal responsibility that a person has to ensure that their property is safe for guests and visitors. If your loved one died because of a dangerous condition on another person’s property in Texas, you have grounds for a premises liability claim. Premises liability claims are lawsuits brought against parties in charge of maintaining the environmental conditions of homes or businesses, and these laws govern swimming pool owners as well.

Failure to properly secure a swimming pool on one’s property is a type of negligence. This means if you or someone you love was hurt due to a Houston swimming pool’s unsafe conditions, you should consult with a personal injury attorney in Houston to discuss your next steps. However, if you choose to file a lawsuit, you should know that premises liability is different for private and public pool owners.

Homeowners with swimming pools must take certain precautions to ensure that their pools are safe and secure. In Texas, Chapter 757 of the State Health and Safety Code states that private pool owners must have a barrier around their pool that is no less than four feet tall. Additionally, pool gates must swing outward, be self-closing, and have a latch that fastens automatically when the gate closes. Homeowners whose pools do not meet these specifications may be penalized—and they can be sued for negligence if an accident occurs in their swimming pool.

If you are unsure whether or not the private pool where your accident occurred met the state’s minimum safety requirements, a Houston accident attorney specializing in swimming pool injury lawsuits can help you.

Public pool owners in Texas must take even more safety precautions than homeowners who have pools. Unlike homeowners, public pool owners without lifeguard service must have signage warning that there is no lifeguard on duty, signs stating “No Diving”, and additional signage stating that children should not use the pool without adult supervision. These signs are regulated by state law, and must meet certain size and placement specifications. Additionally, public pools are required to have emergency telephones (or some other electronic means of summoning emergency services) within 200 feet of any pool or spa.

If you want to find out whether premises liability played a role in your swimming pool accident, a qualified personal injury attorney in Houston can help you find answers. And that’s where we come in.

Here at Carabin Shaw, our lawyers have more than 200 years of combined legal experience and are passionate about defending the rights of accident victims. And if you’re unsure whether or not you have grounds for a claim, you should know that your initial consultation with a lawyer is free, with no obligation.

To schedule your free consultation with a knowledgeable, compassionate attorney, call our Carabin Shaw office serving Houston at 713-654-9991. Don’t wait—let an expert Houston accident attorney help you get the justice and compensation you deserve.