Swimming Pool Drowning Lawsuits in Houston, Texas

Swimming pool drowning accidents are tragic and often preventable. In Houston, Texas, these incidents can lead to serious legal claims, especially if negligence is involved. A drowning lawsuit may arise when property owners, pool operators, or others responsible for pool safety fail to take necessary precautions, leading to injuries or death. 

If you or a loved one has been affected by such an accident, understanding your legal rights and the process for filing a lawsuit can be crucial in securing justice and compensation for medical bills, emotional suffering, and other damages.

Review this comprehensive guide to learn more about swimming pool hazards, Texas law, and how a drowning injury attorney can help. Contact Sneed & Mitchell LLP online or by calling our Houston, Texas law office directly at (866) 434-0014 for immediate personal assistance.

What Is A Swimming Pool Drowning Lawsuit?

A swimming pool drowning lawsuit is a civil suit for a drowning victim that suffers aquatic injuries in a swimming pool due to the negligence or unsafe actions of another party. These claims generally pursue economic and non-economic damages against the pool owner or operators accountable for failing to follow proper pool safety guidelines to maintain a safe experience to swimmers. 

What Are the Drowning Dangers of Different Types of Swimming Pools in Houston, Texas?

Houston's warm climate makes swimming pools a common feature, but each type of pool comes with specific dangers:

Underground Pools

In-ground or underground pools are often deep, which can make them dangerous, especially for kids or poor swimmers. The bottoms slope, which might trick swimmers into stepping into deeper areas. Since they’re at ground level, kids and pets can easily access them, and cloudy water can make it hard to notice someone struggling.

Above-Ground Pools

The sides of above-ground pools are higher, which helps prevent accidental falls, but ladders or entry points can still be risky. These pools are usually smaller and shallower, but shallow water doesn’t mean it’s safe. Weak structures can collapse, which could cause additional problems.

Spas and Hot Tubs

Hot tubs and spas can be risky because the warm water might make people overheat or pass out, particularly kids or people with health issues. Jets can confuse swimmers, and strong circulation might catch hair or clothing. Because they’re relaxing, people might not watch kids as closely, increasing the risk of accidents.

Kiddie Pools

Shallow kiddie pools might seem safe, but even a few inches of water can be dangerous for young kids. If left unattended, these pools can become a drowning hazard in seconds if supervision slips.

Infinity Pools

The vanishing edge design of infinity pools can confuse inexperienced swimmers with their disappearing edge. Falling over the edge could mean a drop into another pool or onto a lower surface, which adds to the danger.

Natural Pools

Mimicking natural bodies of water, these pools have unpredictable depths and debris, which can lead to drowning if swimmers misjudge safe areas. Algae and debris can obscure visibility and cause swimmers to trip or become trapped.

Recreational and Theme Park Pools

Crowded conditions and wave pools at theme parks and recreational clubs in Texas can make it difficult to monitor individual swimmers, especially children. The constant motion in wave pools and lazy rivers can disorient or trap swimmers. Rapid water rides and varying depths add to the hazards, and insufficient lifeguards in busy areas heighten the risk of unnoticed drownings.

Any man-made pool must be constructed with safety in mind. Natural bodies of water on property open to the public or accessible to guests must be properly maintained for community well-being. If failures in construction or maintenance of swimming pools cause injury or death to you or your loved one, you have rights. Contact Sneed & Mitchell LLP at (866) 434-0014 for a free, fully confidential consultation to discuss your options.

How Common Are Swimming Pool Drownings and Injuries in the U.S. and Texas?

Swimming pool drownings and injuries are unfortunately quite common in the United States. According to CDC statistics, over 4,000 unintentional drowning deaths occur annually, and drowning is the leading cause of death for children aged 1-4. Additionally, for non-fatal injuries there are approximately 6,300 pool- or spa-related hospital emergency injuries each year.

In Texas, there are a significant number of drowning incidents compared to other states due to factors like long seasons of warm weather and easy access to bodies of water. Other warm-weather states such as Hawaii and Florida are also on the upper end of drowning rates. Texas also experiences a high occurrence of nonfatal drowning injuries, with many cases involving children who are 19 years old or younger.

These statistics highlight the importance of water safety measures, such as swimming lessons, constant supervision, and proper pool barriers, to prevent these tragic incidents.

What Types of Medical Conditions Can an Aquatic Injury Lawyer Handle?

A personal injury lawyer can assist with injuries caused by drowning or swimming accidents. Common injuries include:

Brain Damage 

Brain damage happens when the brain doesn’t get enough oxygen for too long, like in drowning or near-drowning cases. This is called hypoxic-ischemic injury. Even a few minutes without oxygen can permanently harm the brain. It can cause problems like memory loss, trouble thinking, or losing control of body movements. In extreme cases, the person might become completely unaware of their surroundings.

Spinal Injuries

Spinal injuries are common when people dive into shallow water or get hit by strong currents. These injuries can break bones or damage the spinal cord. This can lead to paralysis, either in part of the body or completely, depending on how bad the injury is. Recovery often requires a lot of care and physical therapy, and it can seriously affect a person’s life.

Lung Damage

When someone breathes in water during an accident, it can hurt the lungs. This might cause conditions like aspiration pneumonia, where bacteria or chemicals get into the lungs, or acute respiratory distress syndrome (ARDS), which causes swelling and fluid buildup. These conditions can make it hard to breathe and might lead to permanent lung damage.

Cardiac Arrest

Drowning can stop the heart from working because of a lack of oxygen, causing cardiac arrest. If not treated fast, this can lead to death. People who survive might have serious damage to their heart or brain, causing long-term health problems.

Hypothermia

If someone stays in cold water too long, their body temperature can drop too low. This is called hypothermia. It can make the heart, liver, and kidneys stop working and might lead to death. Children and people with health issues are especially at risk.

These injuries often need immediate medical care and can lead to lasting consequences. Survivors may require expensive long-term treatment and support. A drowning injury attorney can help families seek the compensation they need to cover these essential costs and ensure proper care.

What Damages Are Made Possible In Downing Cases?

In Texas, drowning cases allow victims or their families to pursue three types of damages: economic, non-economic, and sometimes punitive damages.

Economic Damages

Economic damages cover direct financial losses caused by the accident. These include medical costs like emergency care, hospital stays, surgeries, and rehabilitation. If the victim doesn’t survive, funeral and burial expenses may also be included. Lost income can be claimed as well, including future earnings, especially if the victim supported their family. Survivors with permanent injuries can seek compensation for ongoing care, such as physical therapy, nursing help, or modifications needed for their home.

Non-Economic Damages

Non-economic damages focus on emotional and psychological losses. These might include pain and suffering for the physical discomfort and trauma experienced by the victim. Emotional distress could cover conditions like depression or PTSD resulting from the accident. Families may also be compensated for loss of companionship if a loved one dies or suffers an injury that impacts relationships. Mental anguish claims can also apply if the family has to cope with the trauma of the incident or its aftermath, particularly in wrongful death cases.

Punitive Damages

If the accident happened due to extreme carelessness or intentional misconduct, punitive damages might be awarded. These damages aim to punish the responsible party and discourage similar behavior, offering additional compensation to the victim or their family.

These forms of compensation are defined by Chapter 41 of the Texas Civil Practices and Remedies Code.

How Are Drown Injury Claims Valued Here in Houston, Texas? 

The amount of an aquatic injury case or drowning case will vary depending on the degree of injury, as well as the specific circumstances surrounding the case. 

In cases in which the victims survived the accident, the settlement is depending on medical needs and for our attorneys frequently range between $150,000 and $200,000. 

However, in loss of life claims, the recovery is larger and depending on the coverage limits of the applicable general liability insurance policies and additional assets of the defendant. Many of our wrongful death cases have settled between $5 and $10 million dollars.

Who Can File a Swimming Pool Drowning Lawsuit In Texas?

If the drowning incident involved a minor, the child’s parents or guardians can file a wrongful death lawsuit in Texas. If the victim was an adult, Texas allowed the surviving spouse, child, or parents to file the lawsuit. 

Additional plaintiffs able to file a lawsuit include the deceased legally adopted children or parents, or an administrator of the estate if none of the above parties file initiate a lawsuit within the first three months following the loss of life. 

What Happens After The Lawsuit Is Filed Here in Harris County?

After an attorney files an aquatic injury or drowning civil lawsuit here in Harris County, the Discovery phase begins in an effort to determine liability. Plaintiff attorneys experienced in handling aquatic cases will then send Interrogatories and Requests for Production to opposing counsel, forcing the pool operator or management entity to answer key questions and produce all of the pertinent video, written, and electronic data relevant to the incident.

Depositions also take place during Discovery. Here, both sides are able to question employees, agents, witnesses and others under penalty of perjury regarding the factors that contributed in causing the drowning, or any other facts related to the case. Generally, prior to filing the lawsuit, the attorneys have already retained their Expert Witnesses to aid in analyzing the accident scene and occurrence. Within Discovery, the expert reports are exchanged. The evidence then often points to possible issues of pool design, safety standards, construction defects, maintenance, or emergency protocol. 

A case may settle by way of medication at any point, with trial being the inevitable step and allows the issue to be heard and decided by twelve jurors here in Texas. To properly advocate for the victim and their loved ones, a Plaintiff attorney should always prepare the case to be determined by the Courts. 

Who Can Be Held Responsible for Swimming Pool Drowning Injuries or Deaths?

Liability in a swimming pool drowning case can extend to several parties, including: pool owners such as private homeowners, businesses, or public entities that own the pool; pool operators that manage the pool as third parties, be they a pool maintenance company or recreation center staff; product manufacturers if faulty pool equipment such as defective drains or broken gates contributed to the drowning; lifeguards and their employer if lifeguards were present but failed to act appropriately or were not properly trained.

Is There a Time Limit for Filing a Drowning Lawsuit?

In Texas, the statute of limitations for personal injury or wrongful death lawsuits is generally two years from the date of the incident. However, if the drowning victim is a minor, the statute of limitations related to the wrongful death of a child may be extended to two years after the child reaches the age of majority (18 years old), giving the family more time to file a lawsuit.

When Should I Hire A Swimming Pool Drowning Attorney?

It is important to a pursue drowning accident lawsuit immediately. Your lawyer needs send an evidence preservation letter and before it degrades or disappears and conduct a thorough pool investigation as soon as possible. There are various deadlines your attorney must meet throughout the process of your claim, and the sooner you sign with a law firm, the more likely all milestones will be reached regardless of any unknown challenges that may arise.

Hiring a Swimming Pool Drowning Attorney

It is strongly recommended to hire an experienced attorney if you are pursuing a drowning lawsuit. Our firm has a team of Child Injury Lawyers and Catastrophic Injury Lawyers to assist with any drowning cases that occur. These claims often involve complex legal issues, including proving negligence, navigating insurance claims, and understanding safety regulations. An attorney can help gather evidence, negotiate with insurance companies, and represent your interests in court.

Swimming pool drowning lawsuits in Houston can arise from a variety of factors, such as negligence, poor maintenance, or lack of supervision. Understanding your rights, the applicable laws, and the steps necessary to file a claim can help families seek justice and compensation after a tragic drowning accident.

Contact Sneed & Mitchell LLP through our confidential online form, or by calling our Houston headquarters directly at (866) 434-0014. Our team is ready to answer your most pressing questions and assist you and your loved one through this difficult time.