Who Is Responsible for Diving Accidents?

By Dallas Personal Injury Attorney on August 23, 2021

Nothing beats jumping into a swimming pool on a hot summer day, but if it leads to a serious injury, there are several questions that need to be asked. Who owned the pool? How deep was it? Did the owner post a depth sign? Depending on the answers, you or your loved one may be able to recover compensation for an injury.

Impact of a Diving Injury

Jumping into a pool presents the risk of a swimmer suffering a catastrophic injury based on where they land. Pools have designated depths, ranging from three feet to eight feet. These areas of the pool need to be visually distinct from each other so that swimmers are able to tell how shallow or deep a section is, according to Texas state law. For example, if a pool is more than three feet deep, the owner must mark where the depth changes so that parents can tell if an area is safe for a child to swim in or if there is a risk of hitting the bottom when jumping in.

If a swimmer jumps into the shallow end of a pool and strikes the bottom, it can result in severe fractures, traumatic brain injuries if they hit their head, or spinal cord injuries if the back is compressed. The pain and shock of these injuries can also immobilize the swimmer and put them at risk of drowning. Unless someone helps the swimmer get out of the pool safely and administers CPR, a single diving injury can result in a tragic death.

Liability and Swimming Pools

Pool owners have a duty to ensure their property is well-maintained and safe for swimmers to enjoy a relaxing day in the water. A major part of this responsibility is constructing the pool according to local and state laws, which includes installing visible and readable depth signs so that swimmers know of the risks. Depth signs allow swimmers to understand how deep a pool is and if it is safe for the diver to jump into the water.

Texas premises liability laws allow accident victims to hold property owners accountable for their injuries when property owners act negligently. This applies to both situations where a property owner fails to resolve a known issue on a property, such as a lack of depth signs, or when the property owner should have been reasonably aware of the danger, such as regularly inspecting the property. If a pool owner failed to post visible and readable depth signs around a pool, whether publicly or privately owned, they can be found liable if a swimmer suffers a diving injury.

Following a swimming pool accident, it is important to speak to a Dallas personal injury attorney at the Lenahan Law Firm. We have spent decades investigating serious injuries and advocating for victims in contentious accident claims. We believe in giving every case the time and attention it deserves, which is why we only take on a few cases at a time. We can sit down with you in a free consultation and explain your options under the law. Call us at (214) 295-1008 to discuss your case today.