Who Is Legally Responsible for a Swimming Pool Drowning
When summer hits in Dallas Texas, swimming pools are a source of fun and relaxation for friends and family. Although swimming pools are a great way to spend your Texas summer days, they can also quickly turn fun into tragedy if someone drowns. Sadly, there are an estimated 320,000 drownings that occur every year across the world, and nearly 4,000 of those occur in the United States alone.
If you or a loved one has been injured or drowned in a swimming pool accident, you need a Dallas Tx drowning accident attorney by your side. The personal injury attorneys at Carabin Shaw serving Dallas have helped Texans get justice for nearly thirty years. We truly care and understand that every case is unique, which is why we always begin by listening to our clients and their needs to know how we can best serve them.The Basics of Premises Liability Law and Swimming Pool Accident Cases
Swimming pool accidents in Dallas Texas usually fall under the broader legal category of premises liability law unless a defective product caused your accident. Premises liability law requires that pool owners uphold a reasonable level of safety (duty of care) for “entrants” on their property. When injuries occur on an owner’s property because they breached their duty of care, they can be held liable for the damage they’ve caused.
In swimming pool accident cases involving children, pool owners are held to an even higher standard of care due to the “attractive nuisance doctrine.” Essentially, the attractive nuisance doctrine requires pool owners to take extra measures to prevent children from suffering injuries or drowning in a pool because children cannot grasp the dangers of a swimming pool.
For further information on premises liability law and how it may affect your case, consult a Dallas swimming pool injury lawyer.Who Can Be Found at Fault in a Swimming Pool Accident?
After a swimming pool accident, it’s important to ask, “Who is legally responsible for a swimming pool drowning?”
The following parties could be held liable in the event of a swimming pool drowning:Property Owner
Under premises liability law, property owners are most often responsible when someone drowns in their swimming pool. For the property owner to be held liable, the injured party had to be invited or allowed on their property, and the pool owner must have failed to maintain their pool’s safety properly. If you have questions about a property owner’s liability, ask an attorney.Parts Manufacturer
Sometimes, defective products cause swimming pool accidents. Pool toys, filters, and pool cleaning products are a few of the many pool products that can cause serious injuries or death in swimming pool accidents.
In a defective product case, several parties can be found at fault. If a defective product caused your accident, a Dallas Tx drowning accident attorney can help you determine who to hold liable.When Can a Pool Owner Be Found Responsible for a Drowning?
Pool accidents in Dallas Texas can happen for many reasons. A pool owner can be held liable if any of the following circumstances apply to your case:
- They failed to keep their pool in a state of good repair
- They failed to adequately supervise the swimmers
- The pool lacked proper fencing or emergency safety equipment
- They did not provide adequate warning signs
Talk to a lawyer if any of these statements relate to your case.We’ll Fight for You After a Swimming Pool Accident | Free Consultation
If you or a loved one has suffered an injury or drowned in a swimming pool accident, a Dallas swimming pool injury lawyer can be there for you and your family. Our personal injury attorneys at Carabin Shaw serving Dallas know what it takes to build a strong case and fight for the justice you deserve.
Call 800-862-1260 or fill out our online contact form to schedule your free case review.