Texas Drowning and Swimming Pool Accident Lawyers

We Seek Accountability for Drowning Incidents, Near-Drownings, and Swimming Pool Accidents

Our Texas drowning and swimming pool accident lawyers specialize in handling the complexities of drowning incidents, near-drownings, and pool accidents, providing comprehensive support to victims and their families. We understand the emotional, physical, and financial toll these accidents can take, and are committed to pursuing justice and compensation.

From investigating the circumstances surrounding the incident to holding negligent parties accountable, our lawyers meticulously build strong cases. This includes gathering evidence, consulting with experts, and navigating the legal system to ensure the rights and interests of our clients are fully represented and protected.

Whether it involves private residences, public pools, or commercial properties, we have the experience and resources to challenge negligence and seek the compensation victims and their families deserve. Contact our Texas drowning and swimming pool accident lawyers today for a FREE CONSULTATION. We charge NO UPFRONT FEES and work on a contingency fee basis, meaning we do not get paid unless we recover compensation for your damages.

Texas drowning and swimming pool accident lawyers

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Determining Liability in a Texas Drowning Accident

In the state of Texas, determining liability in a drowning accident involves a thorough investigation into the circumstances surrounding the incident. Our legal team focuses on key areas to establish who is at fault and to what extent they are responsible. This includes:

  • Property Owner Negligence: When accidents occur in private or commercial swimming pools, we examine whether the property owner failed to secure the pool area, properly maintain the pool and equipment, or provide adequate warning of potential hazards.
  • Employer Negligence: We scrutinize situations where employers may have failed to provide appropriate safety training, adequate life-saving equipment, or proper supervision, especially in industries where water-related risks are prevalent. Whether an incident happens aboard a vessel, on a commercial fishing operation, or during a recreational boating activity sponsored by an employer, we are dedicated to uncovering lapses in safety protocols and holding negligent parties accountable for their actions.
  • Lifeguard and Staff Negligence: In cases involving public pools or recreational facilities, we assess the actions of lifeguards and other staff members. Were they properly trained? Were they performing their duties at the time of the accident? Their level of attentiveness and adherence to safety protocols is crucial.
  • Product Liability: If a drowning or near-drowning incident involves a malfunctioning pool gate, drain, or another pool-related product, we investigate the manufacturers and distributors for possible defects in design, manufacturing, or warnings.

Our objective is to uncover any and all acts of negligence or breaches of duty that contributed to the accident. By meticulously examining these aspects, we aim to ensure those affected receive the justice and compensation they deserve.

How to Prove Negligence in a Drowning or Pool Accident Case

Proving negligence in a drowning or pool accident case revolves around establishing that the duty of care owed by the defendant to the victim was breached, and this breach directly contributed to the accident and the resulting injuries or death. It necessitates a detailed legal and factual analysis, often requiring the expertise of legal professionals and, at times, support from specialists in fields such as swimming pool operation, premises liability, or product design safety.

To build a compelling drowning case, the following steps are generally undertaken:

  1. Documentation of the Incident: Gathering all available evidence related to the accident including photos, videos, witness statements, and official reports.
  2. Identification of Relevant Laws and Standards: Understanding the specific regulations, codes, and standards that apply to the pool or water feature in question, such as local safety ordinances and state laws governing pool barriers and safety equipment.
  3. Expert Consultation: Engaging with safety experts, engineers, or medical professionals who can provide insight into how the accident occurred and the extent of the negligence involved.
  4. Analysis of Actions and Failures: Closely examining the behavior of the individuals or entities involved to determine any failure in meeting their legal obligations, such as lack of supervision, inadequate maintenance, or failure to adhere to required safety protocols.
  5. Causation: Proving that the negligence directly caused the drowning or pool accident, which often involves demonstrating how the incident could have been prevented had the defendant taken appropriate measures.

Our Texas drowning and swimming pool accident lawyers work diligently to compile and present evidence that substantiates the negligence claim, leveraging our expertise to advocate effectively for the rights and interests of our clients.

Common Causes of Drowning Accidents

Understanding the common causes of drowning accidents is crucial for prevention and for establishing liability in legal cases. Drowning incidents, tragically common yet often preventable, can occur under a variety of conditions, pointing to different forms of negligence or unfortunate circumstances. Here are some of the most frequent causes:

  • Negligent Supervision: Unattended swimming areas without proper oversight from lifeguards or responsible adults are one of the leading environments for drowning incidents.
  • Poor Pool Maintenance: Slippery pool decks, unclear water, or malfunctioning drainage systems can significantly increase the risk of accidents leading to drowning.
  • Inadequate Safety Measures: Pools without proper fencing, warning signs, or safety equipment fail to minimize risks for swimmers, particularly for children.
  • Lack of Swimming Ability: Individuals, especially children, without adequate swimming skills are at a higher risk of drowning in pools, lakes, or other bodies of water.
  • Defective Products: Faulty pool gates that fail to prevent unauthorized access, poorly designed or malfunctioning drains that entrap swimmers, and defective flotation devices are significant contributors to drowning accidents.
  • Alcohol Use: Impairment due to alcohol consumption around or in swimming areas greatly enhances the risk of accidental drowning.
  • Boating Accidents: Drowning accidents associated with recreational boating activities can result from capsizing, falling overboard, or not wearing life jackets.

Identifying the cause(s) of a drowning accident is a key first step in providing justice and compensation for victims and their families. By pinpointing these common causes, legal teams can better understand the dynamics of the accident, focus their investigations, and establish liability. Awareness and education about these risks also play a vital role in preventing future tragedies.

Types of Drowning and Accident Cases We Handle

Our Texas drowning and swimming pool accident lawyers offer legal support to individuals and families affected by incidents, including:

  • Accidents in swimming pools
  • Drownings on cruise ships
  • Offshore accidents and maritime injuries
  • Negligence by lifeguards
  • Faulty pool drains or covers
  • Inadequate pool fencing or gates
  • Boating accidents
  • Drownings related to work
  • Wrongful death cases related to drownings

If a family member has suffered severe harm or passed away as a result of a drowning incident or pool accident, consider speaking with our seasoned Texas drowning and swimming pool accident lawyers. We are prepared to deliver our expertise and support, assisting you in finding the clarity and closure you seek.

How Our Texas Drowning and Swimming Pool Accident Lawyers Can Help

Our legal team is dedicated to providing the highest standard of legal assistance for families affected by drowning and swimming pool accidents across Texas. Here’s how we can help you:

  • Case Evaluation: We offer a thorough assessment of your case, identifying potential negligence and determining the best course of action.
  • Evidence Gathering: Our attorneys meticulously collect and analyze evidence, including witness statements, surveillance footage, and accident reports, to build a compelling case.
  • Expert Consultations: We collaborate with medical professionals, drowning experts, and safety specialists to strengthen your claim and to provide expert testimony.
  • Negotiation with Insurance Companies: Our team skillfully negotiates with insurance companies to ensure you receive the maximum compensation you are entitled to, without settling for less.
  • Litigation: If a fair settlement cannot be reached, our seasoned litigators are prepared to represent your case in court, advocating passionately on your behalf.
  • Continuous Support: Throughout the entire legal process, we keep you informed and involved, offering support and guidance during this challenging time.

If you or a loved one has been affected by a drowning incident or swimming pool accident, don’t hesitate to reach out to us for a FREE CONSULTATION. Our commitment is to your recovery and to holding accountable those responsible for your loss and suffering. Together, we can strive for the justice and compensation you deserve.

At Thompson Law

We provide swimming pool accident and drowning victims and their families with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our Texas drowning and swimming pool accident lawyers will build a strong case with supporting evidence so that you recover the money that you deserve.

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Drowning Injury and Death Statistics

Drowning injuries and fatalities remain a significant public health issue worldwide. The impact of such incidents stretches far beyond the immediate effects, often leaving families and communities in enduring grief and hardship. Recent statistics shed light on the urgency of addressing this preventable tragedy:

  • Every year, drowning claims the lives of nearly 4,000 individuals in the United States, and injures another 8,000 Americans in non-fatal drownings.
  • In 2022, drowning was the 6th leading cause of unintentional injury death.
  • Among children aged 1 to 4 years, drowning is the foremost cause of accidental death, underscoring the critical need for enhanced safety measures around water bodies.
  • Alarmingly, for every child who succumbs to drowning, another five receive emergency department care for non-fatal submersion injuries, some leading to severe, long-lasting health issues.
  • Effective preventative measures, including barriers around pools, closely supervised water activities, and the promotion of water safety education, can significantly reduce the incidence of swimming pool accidents and injuries and save lives.

Common Non-Fatal Drowning and Swimming Pool Accident Injuries

While many are familiar with the tragic outcomes of drowning and swimming pool accidents, it’s crucial to recognize the range of non-fatal injuries that can also occur. These injuries can have long-lasting, significant impacts on the lives of victims and their families.

Our legal team is well-versed in cases involving non-fatal drowning and swimming pool accident injuries, including:

  • Brain Injuries: Lack of oxygen during a drowning incident can lead to serious brain injuries, including permanent brain damage and developmental delays.
  • Pulmonary Damage: Water inhalation can cause lung damage, leading to complications such as pneumonia or acute respiratory distress syndrome (ARDS).
  • Broken Bones and Fractures: Slips and falls around dangerous pool surfaces can result in broken bones and fractures, requiring extensive recovery time.
  • Spinal Cord Injuries: Diving accidents and impacts in shallow water can cause spinal cord injuries, potentially resulting in paralysis.
  • Psychological Trauma: Survivors of near-drowning experiences may suffer from post-traumatic stress disorder (PTSD), anxiety, and other psychological effects.

Understanding the severe and diverse nature of these injuries, our drowning accident lawyers are committed to fighting for the rights of victims, ensuring they receive the necessary medical care, rehabilitation, and compensation to support their recovery. If you or a loved one has experienced a non-fatal drowning or swimming pool accident injury, we encourage you to contact us for a thorough evaluation of your case. Together, we can work towards securing a future that prioritizes your health and well-being.

How Long Do I Have to Make a Swimming Pool Accident or Drowning Claim?

The timeline for filing a claim for a swimming pool accident or drowning incident varies by state due to the statute of limitations. Typically, you have a limited period from the date of the accident or injury to file a lawsuit. In many states, this period is two to three years, but it can vary. The Texas statute of limitations for swimming pool accident and drowning claims is 2 years from the date of injury.

It is advisable to contact a lawyer immediately after the accident occurs. An experienced attorney can provide crucial guidance early in the process, help preserve evidence, and ensure your claim is filed within the applicable statute of limitations. Early legal intervention can also help in dealing with insurance companies and navigating the complex legal and medical issues that may arise, ensuring that you or your loved one’s rights are fully protected.

Call our Texas drowning and swimming pool accident lawyers today for a FREE CASE REVIEW.

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We Charge NO UPFRONT FEES in Drowning and Pool Accident Cases

Let Our Texas Drowning and Swimming Pool Accident Lawyers Help

Our commitment to justice and client well-being is underscored by our policy of charging no upfront fees in drowning and pool accident cases. We operate on a contingency basis, which means our legal fees are only collected if we win your case.

This structure is designed to alleviate financial pressure on victims and their families, enabling them to pursue justice and compensation without the burden of initial legal costs. Our dedication is to your recovery and holding responsible parties accountable, ensuring you can focus on healing without worrying about the cost of legal representation.

If your loved one was injured or killed in a drowning accident, contact our Texas drowning and swimming pool accident lawyers today. The sooner you know your options, the sooner you can get on the path to recovery.

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Personal Injury FAQs

Personal Injury

If you are injured in any type of accident, your first priority should be to seek immediate medical attention, even if you are not certain that you are injured. Seeking immediate medical treatment does two things: 1) it ensures injuries you sustained are diagnosed and treated; and, 2) it helps eliminate any doubt by the insurance company that your injuries were caused by the accident.

Often, the shock and adrenaline of an accident can mask symptoms of injuries, so making the mistake of skipping a medical examination can have profound consequences. By seeking prompt medical treatment, you protect both your health and your ability to seek compensation for your injuries with the help of your attorney.

If you were in a motor vehicle accident we have also detailed here what to do after a car accident.

A skilled personal injury lawyer is necessary to get full and fair compensation for injuries you sustained in an accident. Most defendants, whether individual drivers or commercial vehicle operators, are covered by liability insurance. Those insurance companies are not obligated to protect or take care of you. Insurance companies exist to protect the defendant (their customer) who caused the wreck. 

A personal injury attorney can help you obtain compensation for every category of damages to which you are legally entitled. These damages can include things like: medical bills, lost wages, property damage, pain & suffering, punitive damages, loss of limb, diminished mental function, physical impairment, scarring or disfigurement, emotional or mental trauma, and loss of consortium (in wrongful death claims). Further, you may be entitled to future medical bills, future lost income, future pain and suffering, and other damages in severe injury cases.

Uninsured Motorist (UM) Coverage can help save the day if you are hit by an uninsured driver or if you are the victim in a hit-and-run collision. In short, UM coverage is an add-on coverage that drivers can add to their auto insurance policies that will protect them in the event that they are in an auto accident with a driver who either does not have insurance or cannot be located. You can contact your insurance provider to confirm whether your policy includes UM. If you do not have this coverage, the personal injury attorneys at Thompson Law recommend that you consider adding UM to your auto insurance policy today. 

Absolutely not. It’s important to leave the investigation to the professionals. They know exactly how to work a case to determine all of the facts and details.

Some of the most devastating injuries caused by careless driving happen to pedestrians. As a pedestrian, you have the same right to be free from injury and harm caused by the irresponsibility, error, or negligence of others as any motorist on the road. In is important to obtain the services of an experienced personal injury attorney as soon as possible if you are injured as a pedestrian. The right attorney will see that you receive the medical care you need, guide your damage claim process, and receive full compensation for your injuries.  

Typically, yes. If a family member is seriously injured or killed in an accident, or if the injured party is a minor child, then it may be appropriate under the law for a parent, spouse, relative, or legal guardian to file a claim or lawsuit on behalf of the injured or deceased party.  These types of claims are complex, and usually depend on the type of relationship involved, as well as the individual facts and circumstances of the injury. Calling the experienced personal injury attorneys at Thompson Law is step one to explore filing a legal claim on behalf of your loved one. 

If the other vehicle involved in your crash was an 18 wheeler or another commercial vehicle, call an attorney immediately. Companies who own commercial vehicles and 18 wheelers often have their own team of investigators who will arrive on the scene immediately working on the driver’s defense case. The sooner you involve an attorney of your own, the better your chances are of receiving compensation for your injuries and damages.

No. They aren’t trying to help you. They’re trying to protect their drivers and reduce their costs. That’s why they have a team of lawyers ready to flock to the scene of any accident. Don’t accept any form of compensation until you talk to your attorney. Most victims of 18 wheeler crashes sustain more injuries than victims of normal crashes, and can receive higher compensation as a result. Don’t let them fool you into accepting a smaller payout for your injuries and damages. Your injuries could require years of medications and surgeries, and the company will try everything to avoid making huge payouts. Call your attorney and let them do the negotiating on your behalf.

The best personal injury attorney has three major characteristics: Excellent customer service, cutting edge technology, and a willingness to take cases and win at trial. Ask your potential attorney about the client experience they offer, what kind of technology they use to make your life easier, and when was the last time they took a case to jury trial. Asking these types of questions will give you guidance on what kind of experience you can expect as a client and what kind of results you can expect at the end of your case.

Thompson Law has high ratings from clients for its emphasis on customer service, and its attorneys have achieved significant results on small, large, and complex cases alike. No matter if you have been involved in a minor car wreck or are dealing with catastrophic injuries from a rarer and more devastating event like a terrible workplace accident, dog bite, or an 18 wheeler wreck, Thompson Law can assist you.  

Yes! Thompson Law is available 24 hours a day, 7 days a week to provide free consultations. If you have been injured in a truck wreck or car accident, hurt in a slip and fall incident, or otherwise injured from the negligence of another person or party, give us a call any time at 1-800-LION-LAW. We can speak to you over the phone, chat online through our website or social media outlets, or arrange an in-person meeting at your convenience. Our team is ready to help! 

An insurance company will not pay medical expenses or other damages as they come due; rather, after they have accepted liability, the insurance company will make a one-time, lump-sum final payment only at the end of your case.  Dealing with medical expenses, and obtaining the proper medical care, after an accident can be tricky. But it does not have to be! Call the personal injury attorneys at Thompson Law, who can explain how to deal with the “day-of” hospital bills, how to continue to receive the care you need, and ultimately how to recover an appropriate settlement that takes care of your bills from the incident as well as fair and just compensation for you.

Let’s be honest: this isn’t a legal show on TV and your case will not settle in the next hour – or even tomorrow.  The true answer is: it depends.  We find that most cases settle within 6-12 months from date of incident; but the timeline in your case could be shorter or longer depending on: the facts and circumstances of the accident; the length of time it takes you to complete medical treatment; and the character of the insurance company, or companies, involved in your case.  In the event that your case cannot settle pre-litigation and it becomes necessary to file a lawsuit, the litigation process alone can take 1 to 2 years due to the court system and legal process necessary to prepare for trial.  But because so much of the timeline depends on the facts and circumstances of your unique case, call Thompson Law today to discuss the personal injury claims process

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.