Dangers of Swimming Pools

Texas Department of Family and Protective Services statistics show that drowning is one of the leading causes of death for children in the state. These statistics do not include data for adults who also drown or are otherwise injured in swimming pool accidents. Therefore, the overall number of pool-related harms is even higher than what is shown. Near-drownings can cause oxygen deprivation, potentially leading to irreversible brain damage. People who survive near-drownings might suffer speech difficulties, loss of motor control, or impaired cognitive function. If the damage is severe, a near-drowning survivor might never be able to live independently again.

Other ways people can sustain injuries in a pool besides drowning include:

  • Diving mishaps, causing head or spinal cord injuries
  • Exposure to excessively chlorinated pool water, causing burns to the skin or eyes
  • Falls on pool decks, leading to concussions, fractures, or abrasions
  • Exposure to contaminated pool water, leading to a variety of intestinal ailments

Regardless of the type of injury or how it occurred, consulting with an experienced Denton attorney soon after a pool accident could help a family understand their legal options.

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Public Versus Private Swimming Pool Liability

A Denton lawyer could help determine whether the pool owner is liable for a visitor’s injury.

Public Pools

When a pool is open to the public or paying members, such as a hotel, private club, or municipal pool, the operators have a duty to ensure the patrons’ safety. They must inspect the pool regularly for water safety, proper drainage, and to ensure the filter is in working order. Certain entities might be subject to additional requirements, such as having a qualified lifeguard on duty.

Residential Pools

Residential property owners with backyard pools must also take steps to prevent foreseeable pool hazards. Texas follows the “attractive nuisance doctrine,” which mandates property owners to safeguard trespassing children from dangers they are too young to appreciate. To help ensure children’s safety, Texas Health and Safety Code §757.001 requires a non-climbable fence of at least 48 inches in height to surround all residential swimming pools. If a pool owner fails to comply with this fencing requirement and a child suffers an injury while unsupervised, the homeowner could be liable.

A competent attorney in Denton could review the facts of a particular pool accident to determine whether the landowners followed all the relevant laws and, if not, build a strong case for compensation.

Impact of a Claimant’s Fault on Recoverable Pool Accident Damages

If the claimant in a pool accident lawsuit contributed to their injury in any way, they will collect a reduced amount of damages. The law permits a person whose negligence was a factor in their injuries to seek damages from other liable parties as long as they bear less responsibility than the named defendants. If a partially responsible claimant is successful in court, their damages will be reduced to reflect their degree of responsibility. Otherwise, a claimant who is found to be more responsible than the defendant(s) for their pool accident injuries, they will be barred from receiving any compensation whatsoever. A seasoned attorney in Denton could gather evidence to prove that the injured party did not contribute to their own losses and help them obtain maximum compensation for a pool accident.


Get in Touch with a Denton Pool Accident Attorney Today

Swimming pool injuries and deaths give rise to complicated legal issues. Having a Denton pool accident lawyer advocate for your best interests could be crucial to the success of your case. With our guidance, you and your family could get the compensation and closure you deserve. Reach out today to schedule a consultation.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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