Texas Swimming Pool Accidents, Injuries & Deaths
It is a classic hot sunny day in the summer and family and friends have gathered at the pool or lake activity and disaster strikes. Pool injuries can lead to serious injuries or death.
If this happens to you have a board certified attorney advise your family.
In Texas, various laws govern these incidents, particularly around the concept of premises liability. Premises cases are very difficult in Texas as the law sets a high standard to prove liability and recover reasonable damages.
Understanding these implications is crucial for anyone involved in a pool-related injury or death, whether as a homeowner or a victim. The Haslam Firm in Fort Worth, Texas, is here to help you through this.
What Is Premises Liability?
Premises liability refers to a property owner’s responsibility to maintain a premises free of unreasonably dangerous conditions that the owner knows or should know exist and then are negligent for not warning or fixing the problem. In Texas, premises liability cases typically fall under three main categories: invitees, licensees, and trespassers.
Invitees vs. Licensees
An invitee is someone who is "invited" onto a property for the owner’s benefit, such as paying guests at a hotel or apartments, or customers at a public pool. A licensee, on the other hand, is someone who enters the property for their own purposes, such as a social guest with no benefit to the owner. The invitee may be "invited" by express or implied invitation.
Property owners owe a higher duty of care to invitees then licensee. For licensees, the duty is somewhat lower; property owners must only warn of known dangers. Trespassers have very few rights in Texas.
Case Examples
In Texas, pool incidents can vary widely. Events that we have handled before involve generally,
Drownings: Pool equipment that captures children and prevents them from surfacing allowed us to change a pool equipment manufacturers equipment to stop this from occurring.
Lake Travis drowning from a midnight swim. The boat owner allowed too many people on his large house boat and created a game of midnight swimming and Lake Travis opened its dam causing one drowning and two sever injuries when they could not be rescued.
Electrical hazards: Faulty wiring or improperly installed lighting can create dangerous conditions near pools. If an injury occurs due to these hazards, a property owner or the contractors could be held responsible.
Defenses Against Liability Claims
Property owners often employ various defenses in response to premises liability claims. Some common defenses include:
Contributory negligence: If the injured party’s actions contributed to the incident, this could reduce or eliminate the property owner's liability.
Assumption of risk: By voluntarily entering a potentially hazardous situation, the injured party may be seen as having accepted the risks involved.
Open and obvious hazards: If the hazard was clearly visible and the injured party should have recognized it, the property owner might not be held liable.
Blame a contractor or the anybody but me defense. This is called a third party or responsible third party defense. Texas insurance lawyers are highly educated and creative in blaming others.
Texas Statute of Limitations
In Texas, victims of pool incidents must be aware of the statute of limitations, which limits the time frame for filing a lawsuit. Generally, individuals have two years from the date of the occurrence to initiate legal proceedings. Failing to file within this timeframe will probably result in losing the right to pursue a claim.
Insurance Considerations
For property owners, having adequate insurance coverage can significantly affect their financial liability in case of a pool incident. Homeowner’s insurance often covers liability claims arising from pool injuries and fatalities, but the specifics can vary by policy. Property owners should carefully review their coverage to make sure they’re protected against potential claims.
Pool owners should also purchase an umbrella or an excess policy.
Preventative Measures for Property Owners
Property owners can take proactive steps to minimize the risk of pool incidents and subsequent liability. Some effective measures include:
Installing fencing: A secure fence around the pool can help prevent unauthorized access, especially by children.
Regular maintenance: Keeping the pool area clean and safe, including promptly addressing slip hazards, can reduce the likelihood of accidents. Purchase quality equipment and products.
Safety equipment: Having life jackets, rescue equipment, and first aid kits readily available enhances safety for all guests.
Signage: Clear signage indicating rules and safety precautions can help inform guests and may serve as a legal defense if an incident occurs.
Supervision: For residential pools, having a responsible sober adult supervise children at all times can help prevent drownings and injuries.
The Role of Lifeguards
For public pools, lifeguards play a crucial role in maintaining safety. Their presence can not only help prevent accidents but also serve as a legal shield for pool owners. If a lifeguard fails to act appropriately in a dangerous situation, the pool owner may still bear some responsibility under premises liability laws. It’s essential for lifeguards to be properly trained and vigilant to minimize risks. Maintain your insurance coverage and training for the lifeguards.
Work With a Dependable Attorney Today
Do you live in Fort Worth, Texas or throughout the Dallas and Houston area? Our knowledgeable and confident legal firm is here to help you with your premises liability case. Reach out to The Haslam Firm today to schedule a consultation. Glad to help you as we have helped others before.