Who Can Be Held Accountable After a Swimming Pool Accident | Houston Lawyers
One of the best things about living in Houston is the warm weather, and the fact that you can go swimming many months out of the year. However, as all Houston personal injury attorneys know, a swimming pool can also be the location of a slip and fall, or even accidental drowning. If you or a loved one was injured and you want to know more about who can be held accountable after a swimming pool accident, the accident lawyers in Houston at Carabin Shaw can help answer your questions.What Is Premises Liability and How Does it Work?
It doesn’t matter if the accident took place in a public or private pool, a portable pool or a water park, if the injury occurred due to the negligence of the pool owner, you most likely can recover damages to cover the medical cost, as well as pain and suffering, in a premises liability suit. However, a Texas swimming pool accident lawyer can only determine this after reviewing the details of your individual case.
Swimming pools are considered an “attractive nuisance,” (a dangerous area that ‘attracts’ people, both adults and children) which is a categorization that Texas has codified into law. A qualified Houston personal injury attorney will be able to explain in more detail after reviewing your case, but essentially, this means that property owners are legally required to provide reasonable care to everyone who enters the property.
Typically this doesn’t cover trespassers, but in the case of children who are too young to appreciate the danger, it does. Even if a child isn’t supposed to be near a pool, the pool owner is required to make sure the area is reasonably safe. They achieve this by having fencing around the property, for example, and keeping the pool closed with a cover, and making sure the chemicals in the pool are safe. Note that this applies to both single family homes and apartment complexes. In addition, public pools should have lifeguards and clear signage about water depth and safety exits.
This all falls under “premises liability” law; that is, the legal considerations in cases where the injury was caused by an unsafe condition on someone’s property. And it doesn’t just cover swimming pool accidents—it can cover injuries suffered in a car accident due to a lack of proper lighting in a mall parking garage, for example. The central idea is that if you own a place where people are coming and going, you have a responsibility to make sure it is safe—and if you fail to do so, you can be held liable in a court of law.
If you think your injury resulted from negligence on the part of the property owner, please contact a Texas swimming pool accident lawyer today.What if The Victim is Found Negligent?
There are a lot of considerations when determining who can be held accountable after a swimming pool accident, and in fact, there are sometimes cases when the person who was injured is partially at fault for the accident — such as swimming alone (after a pool has closed), engaging in wild behavior or horseplay in or around the pool, or swimming under the influence of drugs or alcohol. In this case, the person will be able to recover damages only if they are found less than 51% responsible. Note that the actual payout will be reduced by this percentage — so if you are held 25% responsible for your accident, then you will receive 75% of the total damages awarded.
If you’re unsure how much of your injury is due to your own negligence, a Houston personal injury lawyer can help you.What To Do Next
Texas has a two-year statute of limitations on these types of accidents, so it’s important to get in touch with a lawyer soon. Your attorney will then be able to help you manage deadlines, gather materials, and evaluate your claim. If you or a loved one has been injured, the accident lawyers in Houston at Carabin Shaw are here to help you. Our attorneys offer a free consultation, and we never charge a fee unless we win. Call 1-800-862-1260 to speak with a lawyer today.