Houston Swimming Pool Accident Lawyers
If you or a loved one has been injured in a swimming pool accident due to another’s negligence, don’t hesitate to contact attorneys Neal Davis and Jed Silverman to discuss your rights to compensation. The initial consultation is free and you don’t pay a penny unless they win - that’s our No Fee Guarantee.
Swimming pool accidents can happen in the blink of an eye, and such accidents can be very devastating for victims and their families. Swimming pool injury cases are meant to hold the negligence of another person, pool manufacturer, or business accountable.
Attorneys Neal Davis and Jed Silverman are ready to help you through your swimming pool accident case and hold negligent parties accountable for serious injuries that occur as a result. Some of the most common causes of swimming pool accidents and injuries include:
- Slip and falls on wet surfaces surrounding the pool
- Negligent lifeguards
- Water levels that are too low or too high
- No warning signs or information
- Lack of emergency flotation devices
- Broken glass
- Damaged pool lights
We will fight for your right to compensation.
Contact us today for a free consultation of your case.
What to Do in the Event of a Swimming Pool Accident
The minutes following a swimming pool accident or drowning can be chaotic, but they can also be vital to both the well-being of the victim and the integrity of a personal injury case. Follow these steps in order to keep others safe and protect the legal rights of the victim.
- Make sure others are safe. The first step after any accident is to make sure that everyone is safe and out of further harm’s way. Immediately call an ambulance if need be. Everyone should exit the pool and keep away from it until police or emergency services arrive on the scene.
- Take pictures. Try to take as many pictures as possible of the accident scene. This should include both inside and outside of the pool area, any warning signs or lack thereof, any pool equipment that may have caused the accident, and all enclosures or gates surrounding the pool area.
- Collect witness information. Be sure to write down the names, addresses, phone numbers, and any other contact information of all eyewitnesses to the accident. If your case goes to court, witness statements can make a big difference in the outcome.
- Preserve any evidence. Any products that caused the swimming pool accident should be kept in a safe place and away from others. If this product is the property of someone else, such as a property possessor or government entity, be sure to talk to your attorney about filing a preliminary injunction. This prevents the property owner from destroying evidence in the case.
- Document. Once you’ve taken pictures and gathered other forms of evidence, it’s recommended that you write down your memories of the incident. This can help ensure that you don’t forget important details later on in the process. In addition, be sure to save copies of any paperwork involved including medical treatment, prescriptions, the police report, etc.
- Seek regular medical attention. Make sure that you or your loved one visits the doctor for regular checkups during the recovery period. If you fail to seek medical attention, others might say that you did not try to get well after the accident and it can easily damage your case.
- Contact an attorney. Once medical attention has been sought, it’s important to talk to an attorney who is familiar with the ins and outs of swimming pool accidents. An attorney can help protect your rights and guide your case towards the compensation you deserve.
**Note: It is important that you not speak with any insurance company or sign any insurance documents until you have spoken to your attorney.
Learn More About...
Texas Requirements for Residential Swimming Pool Owners
In the state of Texas, private and public swimming pool owners have a duty to comply by state-set standards for operating and maintaining their pools. These regulations are enforced to lessen the chance of a serious accident. Texas law requires residential pool owners to have the following:
- A fence enclosing the pool area that is at least 48 inches high with openings that are less than 4 inches wide
- Self-closing and self-latching gates
- A ¼ inch in diameter throwing rope
- A reaching pole that does not conduct electricity
- A cover for the pool
In addition, pool owners are responsible for supervising children that are swimming in their pool or on their property.
Swimming Pool Injury Statistics
Drowning accidents are surprisingly common. The United States witnessed an average of 3,536 drowning accidents per year from 2005-2014 (total of 35,360 accidents) according to the CDC. Other surprising swimming pool accident statistics are listed below:
- Accidental drowning is the top cause of death for children between the ages of 1 and 4 apart from birth defects.
- Drowning is the 5th highest cause of accidental injury in the United States.
- Drowning is the number one cause of accidental death across the world.
- The average medical cost for near-drowning victims is around $8,000 for initial treatment and $250,000 a year if long-term recovery is needed.
Swimming Pool Drowning – Who is Responsible?
Accident cases that occur on either another person’s property or in a public space fall under the umbrella term of premises liability law. For premises law cases, determining fault is typically dependent on the responsibility of the property owner. If the owner fails to maintain the basic safety standards for pools, or even just neglects to do everything possible to keep others safe on the property, then he or she may be held liable for injuries sustained on that property.
Premises liability law can apply to:
- Owners of residential swimming pools
- Property owners of commercial or private pools that are intended for specific members, guests, or tenants. This includes any hotels, gyms, campgrounds, apartment complexes, etc.
- Property possessors that neglect to take action in order to protect tenants or guests from swimming pool injury
- Government entities that own community or school pools
On occasion, a swimming pool accident can be caused by a malfunctioning piece of equipment such as a diving board or slide. If this is the case, the manufacturer of that product, the product’s assemblers, or installers may be held liable for any injuries or accidental death.
Contact an Expert Swimming Pool Accident Lawyer
Swimming pool accidents or near-drownings can leave victims facing a lifetime of recovery. There are medical bills, lost time at work, lost wages, and many other damages to consider. If you or someone you love has been the victim of a negligent swimming pool accident, be sure to contact a personal injury attorney as soon as possible to discuss your rights.