During the summer, the temperature in Dallas can hit unimaginable heights. It makes sense that so many Texans enjoy relaxing by the pool during such intense heat waves. Sadly, this method of cooling down can be as dangerous as it is refreshing. From drowning to waterborne illnesses, if you take a dip in a negligently managed pool, you may find yourself spending the summer recovering from a major injury.
We at The Lenahan Law Firm understand the danger that pools can present. We have helped countless clients get the compensation they deserve after suffering from catastrophic injuries at the hands of negligent individuals. If your Dallas pool accident was the result of someone else’s negligence, then you deserve to recover all the damages you suffered, and then some. Call our firm at (214) 295-1008 to get top-notch legal aid.
In the state of Texas, all property owners are responsible for maintaining a safe environment for their visitors—be it the owner of a home, public pool, hotel, school, etc. While they cannot be expected to foresee every possible danger or hazard that may arise on the premises, they are legally obligated to take "reasonable" precautions.
So, what exactly does this mean? Apart from ensuring that the property has been designed per proper building codes, property owners and/or managers are also responsible for conducting routine maintenance, remedying hazardous conditions in a timely manner, and taking other reasonably prudent measures to ensure their guests' safety. Should they fail to do so, they would be liable for any injuries that are suffered on the premises as a result in a premises liability claim—which, in cases of drowning and swimming pool accidents, could even include a fatality.
Some of the most common instances of pool owner negligence include:
- Failing to utilize an adequate number of lifeguards
- Failing to post necessary warning signs around the pool
- Failing to conduct routine maintenance and/or cleanings
- Failing to construct a gate or fence around the pool
- Failing to fix a broken pool gate
- Failing to put a cover over the pool or Jacuzzi drain
There are a number of things that can go wrong during a visit to the pool. That is why there are such strict regulations on what a pool owner should do in order to ensure everyone’s safety, hence why lifeguards, anti-slip tiles, and depth signs are commonplace at public pools. These are all measures that pools should take to protect their swimmers from catastrophic injuries. They must also make sure their equipment and filters are running properly, as any defective equipment could easily lead to an electrocution or drowning. If these basic requirements are not followed, it could result in:
Swimming pools are hotbeds for injury. Even if you walk away from a pool seemingly fine, you may become incredibly ill due to a defective filter and bacteria in the water. These illnesses and injuries can easily lead to medical debt, lost wages, and intense physical pain. Filing a claim against the liable party and recovering damages may be your best bet for financial recovery. But how do you ensure that your claim is successful?
When going up against the liable party for their negligence, there are a few factors that come into play with your claim. You must be able to prove more than just that you were hurt at the pool. It is also important to remember that the at-fault party and their insurance provider is likely to fight your claims in order to pay out as little money as possible. In a swimming pool accident claim, you should be able to show that:
- The defendant is indeed the owner of the pool
- You were legally allowed on the property and were not trespassing
- The property owner was negligent in their upkeep of the pool
- Their negligence lead directly to your injuries
You should keep in mind that the trespassing rule may not apply to children. Pool owners are expected to have well-secured gates and locked doors in order to keep out any children that may wander on to the property. In certain circumstances, a trespassing child who was injured at a pool may still have a case against the pool owner. This is important because, sadly, children often become hurt or die in pool-related accidents.
Unfortunately, drowning and near-drowning accidents most commonly affect children. In fact, the Centers for Disease Control and Prevention (CDC) has reported that drowning is the leading cause of death for children between the ages of one and four and the second-leading cause of unintentional death for children between the ages of one and fourteen.
Apart from death, drowning and near-drowning accidents can also lead to catastrophic injuries like permanent brain damage. This, in turn, can lead to costly medical bills and unending pain and suffering for both the victim and their family. For this reason, you should not hesitate to hold the responsible party accountable for the harm that you or your child has suffered. By contacting a Dallas personal injury lawyer at The Lenahan Law Firm today, you begin exploring your options for financial compensation.
If you or someone you love has been injured in a swimming pool accident, you should not hesitate to discuss your case with a Dallas drowning injury attorney at The Lenahan Law Firm as soon as possible. Our firm limits our cases to wrongful deaths and severe injuries, so you can trust that we are well-equipped to represent you.
Call today at (214) 295-1008 for a free consultation or submit a complimentary case evaluation form online. We look forward to hearing from you soon!
- Who Is Responsible for Diving Accidents?
- Would A Property Owner Be Responsible For A Drowning Accident?
- Laws and Rules - Public Swimming Pools and Spas - Texas Department of State Health Services
- Home Pool & Hot Tub Safety - The American National Red Cross
- Drowning Prevention - CDC