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Who is Responsible for a Swimming Pool Drowning?

According to the Centers for Disease Control and Prevention (CDC), during 2005-2014, there were 3,546 unintentional drownings. 1 in 5 of drowning victims were younger than 14. Nonfatal drownings can have lasting effects, such as memory problems, learning disabilities, and permanent loss of basic brain function. San Antonio drowning victim accidents may wonder “Who is responsible for a swimming pool drowning?” The answer isn’t always straightforward, but understanding the causes of drowning and important regulations may make it easier going forward to file a swimming pool accident claim. If you or someone you know has been a drowning victim, you may be eligible to file a claim. Consider speaking with one of the San Antonio accident lawyers from the office of Carabin Shaw.

Private Pool Owner’s Responsibilities

Pool owners have a responsibility to ensure the safety of themselves and their guests. As a result, Texas pool owners must abide by certain regulations, such as:

  • The pool must be surrounded by a 4-foot high fence
  • The fence must include a self-latching lock
  • There must be a pool cover available

It is also the pool owner’s responsibility to ensure the surrounding area is safe and barred from risks that could result in injury. The pool owner may be liable for the drowning if it happened on their property with inadequate supervision or safeguards, such as an enclosed fence. San Antonio injury lawyers recommend investigating the pool area before swimming, as well as developing a safety plan.

Public Pool Responsibilities and Safety Features

Public pools are required to have certain safety features, such as:

  • An on-duty lifeguard with proper training
  • Proper ventilation and sewage
  • A visual representation dividing the shallow and deep-end
  • “No-Diving” signs where appropriate

Failure to comply with these laws may result in legal disciplinary action with a lawyer. San Antonio residents have the right to feel safe and are protected from drownings. Compliance with local laws and codes guarantee safety for all visitors.

Risk Factors For Drowning

Knowing the influential factors that contribute to drowning may make it easier to develop a safety plan and understanding why a drowning may have occurred. San Antonio accident lawyers count the following as potential risk factors:

  • Lack of swimming ability
  • Lack of barriers
  • Lack of close supervision
  • Alcohol consumption

Additionally, children between the ages of 1-4 and males, in particular, are at higher risk for drowning. It is imperative to practice safe swimming practices. Most drownings can be prevented by instituting responsible parties for watching over swimmers. If you believe you or your loved one’s drowning could have been prevented, then you may want to contact an attorney to file a swimming pool accident claim.

Preventing Drownings

Most drownings can be prevented by following the proper laws and appointing chaperones, especially for those 14 and younger. You can also mitigate drowning risk by strengthening swim skills, learning CPR, and utilizing life-jackets. San Antonio injury lawyers recommend familiarizing yourself with local laws, especially if you are a pool owner.

So, who is responsible for a swimming pool drowning? Is it the pool owner or chaperone? This question is difficult to answer, which is why speaking with a qualified lawyer is imperative.

Finding a Lawyer for Your Case

Finding a qualified attorney is the next step to filing a claim. Consider the location, expertise, and professionalism you want and need. The San Antonio accident lawyers from the office of Carabin Shaw want to work with you on your drowning case. Investigating liability in a drowning accident can be complicated, so you want the most experienced lawyers in your case. Our firm has earned over $500 million for our clients. We are serious about helping you attain the compensation you deserve from you or your loved one’s drowning accident. If you’re still questioning whether or not to file a claim, give us a call to schedule your free initial consultation. Call us today at 210-222-2288.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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