A caution when wet sign sits in front of a pool.

Pool Accident Lawyer in Dallas

Swimming pool accidents are one of the most common causes of child deaths. Pools are also the location of thousands of injuries and adult deaths every year. Unfortunately, in many cases, these accidents could be avoided if not for the pool owner’s negligence.

If you or a loved one was hurt or killed in a swimming pool accident, contact the personal injury attorneys at Hernandez Law Group, P.C. These types of accidents can lead to thousands in medical bills, lost wages, and potentially funeral costs. You deserve compensation for these costs as well as your pain and suffering and other damages. Contact us today for a free consultation for your case.

A pool owner is legally responsible for taking certain actions to keep people in and around their pool safe. This is known as a duty of care, and the level of care that the pool owner owes depends on if they’re a residential or commercial pool owner.

In premises liability cases, visitors to a property are usually categorized as invitees or licensees. A guest at a commercial pool – such as a hotel pool – is considered an invitee. Commercial swimming pool owners are responsible for taking steps to prevent accidents from occurring. For example, a loose brick beside the pool could potentially move under a person’s foot, causing them to fall into the pool and get injured. The pool owner would be responsible for finding the loose brick in a timely manner and getting it fixed before it could cause someone injury.

A guest at a residential pool, on the other hand, would be considered a licensee. Licensees are owed a lesser duty of care. A residential pool owner would be responsible for warning guests about loose bricks surrounding the swimming pool, but the pool owner wouldn’t have to get the bricks fixed to avoid liability. In other words, a residential pool owner’s legal responsibility to their guests is just to warn of dangerous conditions – not necessarily get them fixed.

Both residential and commercial pool owners are also responsible for keeping their pools fenced in. This is because children can’t be expected to have the reasoning skills to avoid wandering into a pool. A pool fence must always be in place and in good condition in order to prevent injuries to children.

Swimming Pool Accident Statistics

What Are Some Dangers of Swimming Pools?

A safety buoy in front of a pool.

Drownings and injuries in swimming pools can have multiple causes. Not being a strong swimmer is, of course, one of the most common causes of drowning. Diving into a pool that’s too shallow can cause severe head and brain trauma, as well as drowning if the diver is knocked unconscious.

A very common cause of serious injuries in pools is missing drain covers. Uncovered drains can suck in limbs, thus leading to broken bones and other injuries. Another potential danger of pools is unbalanced chemicals – especially chlorine. If the chlorine levels in a pool are too high, it can lead to chemical burn injuries.

One hidden danger that has been increasing in incidence lately is the spread of infections and diseases in pools. Swimmers need to avoid swimming while sick and pool owners need to keep their pools clean to prevent this from happening.

Ways to Prevent Accidents at Swimming Pools

There are a few measures you can take to prevent accidents and drownings at a pool:

  • Place a fence around your pool area. If your swimming pool is not fenced in, it can make it easy for children to approach and fall into your pool.
  • Don’t leave children unsupervised. Either keep an eye on children yourself or make sure that they will be properly supervised while swimming at a pool.
  • Make sure children are using floatation devices if they can’t swim. Even if you’re keeping an eye on them, a child can quickly get injured in a pool if they’re not a strong swimmer.
  • Don’t let anyone swim while under the influence. Swimming while intoxicated can be just as dangerous as driving while intoxicated.

If Injured in a Dallas Pool, Contact Our Personal Injury Attorneys

Negligent pool owners are far too common nowadays. If you or a loved one received serious injuries as a result of a pool owner’s negligence, contact the experienced premises liability attorneys at Hernandez Law Group, P.C. We know how traumatic it can be to see someone drown or nearly drown yourself. You deserve compensation for this trauma and any expenses resulting from the accident.

Juan Hernandez is an experienced attorney who is one of the 2% of Texas lawyers that is board-certified to practice personal injury law. Contact us today to schedule a free consultation at our Dallas, Abilene, or Amarillo office.

FAQs:

What Types of Injuries Commonly Occur in Swimming Pool Accidents?

Swimming pool accidents often result in severe injuries. These include:
-Drowning and Near-Drowning
– Spinal Cord Injuries
-Neck Injuries
– Traumatic Brain Injuries
– Broken Bones
– Drain Entrapment Injuries
– Chemical Burns
– Lacerations

How Can a Property Owner Be Held Responsible for a Swimming Pool Accident?

A property owner can be held responsible for a swimming pool accident under premises liability law if it can be shown that they failed to exercise reasonable care in maintaining the pool. They can also be held responsible for failing to secure the area with proper fences and self-latching gates. Property owners are responsible for warning guests of known hazards for their pool, such as loose stairs or broken pool tiles.

What Should I Do Immediately After a Swimming Pool Injury to Protect My Legal Rights?

After a swimming pool accident, you will need to seek medical care and call 911 if needed. Report the incident to the property owner or manager. Photograph the scene of the accident, broken gates, or missing safety signs. Collect witness statements and contact information if available, and make sure to keep all records of medical bills and procedures. Contact the Hernandez Law Group, P.C. before speaking with insurance adjusters to ensure that you are getting the compensation you deserve.

Do I Need an Attorney for a Dallas Swimming Pool Accident Injury Claim?

Yes. Hiring a swimming pool accident attorney is strongly recommended, as all premises liability claims involve complex Texas laws, aggressive insurance companies, and difficult questions of property owner negligence.

What Types of Compensation Can Be Recovered in a Swimming Pool Accident Case?

Injured parties in a swimming pool accident case can recover economic damages and non-economic damages.

Economic Damages:
– Past and future medical expenses
– Lost wages
– Loss earning capacity
– Property damage for personal items broken during the accident

Non-Economic Damages:
– Physical pain and suffering
– Emotional distress
– Loss of enjoyment of life
– Loss of consortium, in cases of wrongful death