If negligence caused someone’s death by drowning, that person’s eligible family members may file a claim for wrongful death. For example, in Texas, someone could potentially be liable for negligent supervision, faulty pool equipment, or an unsafe property condition. To prove negligence, though, the responsible party must have owed a duty of care and breached that duty, causing the drowning.
Austin Swimming Pool Accident & Drowning Lawyer
Best Swimming Pool Accident & Drowning Attorney in Austin, TX
Austin’s swimming pools offer year-round family fun, but hazardous situations unfortunately raise the likelihood of serious injuries and deadly incidents. Swimming pool accidents can stem from insufficient maintenance and violations of various state and local safety regulations. An Austin swimming pool accident & drowning lawyer can review claims with victims and families impacted by negligent actions.
Dedicated Legal Representation From The Stewart Law Firm, PLLC
At The Stewart Law Firm, PLLC, our attorneys represent accident victims and families throughout Austin and other communities. Austin Swimming Pool Accident Attorney Stephen W. Stewart founded our law firm, and we have represented thousands of injury victims.
We provide legal assistance in both English and Spanish, always available to help 24/7. The Stewart Law Firm, PLLC works on personal injury cases on a contingency-fee basis. You don’t pay our attorneys unless we recover compensation for your injuries.
CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION
Common Causes of Swimming Pool Accidents in Austin
Swimming pools are common features at private residential communities, hotels, and recreational facilities near Downtown Austin, The Domain, Lake Travis, and throughout Texas.
Pool owners and operators might have a legal responsibility to correct hazardous conditions that pose a risk to swimmers. Whether they do depends on the situation, including the visitor’s status and the owner’s awareness of the danger. Some common causes of swimming pool accidents include:
- Failure to provide adequate fencing, locked gates, or properly functioning pool barriers
- Missing drain covers or poorly maintained drain systems
- Slip and fall hazards on pool decks or other walking surfaces
- Inadequate supervision when lifeguards are required on duty
- Damaged ladders, diving boards, or other equipment defects
- Poor water clarity that makes it harder to spot emergencies
According to national drowning statistics from the Centers for Disease Control and Prevention (CDC), every year there are about 4,000 unintentional drowning deaths in the United States. That’s an average of 11 drowning fatalities per day. In addition, approximately 8,000 nonfatal drownings happen each year. Many of these incidents require emergency response and medical care. Children ages 1 through 4 have the highest drowning death rates.
Texas Laws Regarding Swimming Pool Accidents
There are established safety standards in Texas, enforced by state law and local regulations, for specific swimming pools. Chapter 757 of the Texas Health and Safety Code covers pool enclosures on multifamily residential properties. When building a fenced-in pool area, property owners have a duty to meet the required standards for fences, gates, and any access mechanisms.
These measures are designed to keep children and people not living there out of the pools unless they have permission.
Chapter 75 of the Texas Civil Practice and Remedies Code covers liability for certain recreational activities on different kinds of property. Chapter 75 comes into effect depending on the location of the accident, who was injured, and the circumstances of the incident. The law does not protect pool owners from every swimming pool injury claim.
Local city ordinances and state administrative rules may impose additional safety requirements. You have to talk to an Austin swimming pool accident & drowning attorney to identify which rules apply to your situation.
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Compensation Available in Swimming Pool Accident and Drowning Cases
Emergency room visits, rehabilitation, and long-term medical care may be necessary for swimming pool accident victims. Brain injuries caused by oxygen deprivation during a near-drowning incident can create a lifetime need for care. Individuals may recover compensation for:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
Families who file a wrongful death claim may also be entitled to money for economic and sentimental losses allowed under Texas law. Travis County District Courts hear disputed claims based on subject matter and personal jurisdiction. The Travis County Civil and Family Courts Facility is located at 1700 Guadalupe Street, Austin, TX 78701.
Hire a Swimming Pool Accident & Drowning Lawyer
When you hire a swimming pool accident & drowning lawyer, they can investigate which safety regulations apply to the property where an accident occurred. An attorney can determine if the pool was being maintained properly and who was responsible for overseeing its operation.
Your attorney can review available insurance coverage, calculate economic losses, and negotiate a settlement agreement. Your attorney can also file a swimming pool accident claim to preserve your rights if the other side refuses to make a fair offer.
CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION
FAQs
Contact The Stewart Law Firm, PLLC
If someone you know suffered injury or death from drowning in a pool due to another party’s negligence, The Stewart Law Firm, PLLC can help you seek compensation for your damages. Contact us today for a free consultation.
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