Drowning is the leading cause of accidental death for children under 5 years old. It only takes a few seconds for a child to drown. Adults can be at risk for drowning when swimming in unsafe conditions as well. From drowning to accidents related to diving boards or maintenance equipment, Austin swimming pool injury attorney Daniel B. Ross understands just how dangerous pools can be. If you need legal assistance regarding injuries you or a loved one sustained from a swimming pool accident in Texas, look no further than Ross Law Firm.
How Does Drowning Happen?
In some situations, drowning is a tragic accident. However, some drownings are a result of negligence and can result in legal liability for the responsible parties. In nonfatal cases, drowning can result in permanent brain damage or other internal problems due to oxygen deprivation.Drownings are often fatal, and the survivors can sue for wrongful death on behalf of their deceased loved one.
Drowning is the aspiration of liquid or breathing in liquids. The result is hypoxia, in which the body is deprived of oxygen. This can cause organ damage, along with irreversible harm to the respiratory system and brain. Oxygen deprivation can also lead to cardiac arrest and lung failure. If the victim does not receive immediate medical intervention, he or she can easily die.
Many factors can cause a person to drown. No children should be left unsupervised in or near water, regardless of their perceived swimming ability or depth of the water. Children can drown in mere inches of water if improperly supervised. If your child was injured or drowned due to the negligence of another party, reach out to a compassionate Austin swimming pool injury attorney to learn more about your available legal options.
Who Is Legally Liable for Drownings in Texas?
Lifeguards who are trained to respond to swimmers in danger usually staff public swimming pools and beaches. If they are negligent in their supervision or duties, they may face legal action from a drowning victim’s surviving family members in fatal cases. If they were under the influence of drugs or alcohol at the time of the accident, they may face criminal charges, as well.
Water sports are another common cause of drownings. In some situations, a person may be injured on a boat, Jet Ski, or other watercraft, and their ability to swim is impaired or they are knocked unconscious. The operator of the watercraft may be legally responsible for the ensuing injuries or death.
If the operator of a watercraft or a lifeguard is found to have been negligent in providing reasonable care while performing their duties, they may be considered liable for damages. Proving negligence in any injury or wrongful death case requires your Austin personal injury lawyer establishing three facts:
- The defendant had a duty to act with reasonable care. Examples would be watercraft operators being mindful of their surroundings, not operating their vehicles under the influence of drugs or alcohol, or lifeguards being attentive and responding quickly during their shifts.
- The defendant breached this duty by some action or in some cases, inaction. This could be a boater hitting a swimmer, knocking the person unconscious, and causing him or her to drown, or lifeguard leaving their posts when people needed help.
- This breach of duty directly resulted in the drowning, the victim’s resulting injuries or death.
Proving negligence is sometimes difficult, and having an experienced and reliable Austin swimming pool injury attorneywill make the process much easier. At the Ross • Scalise Employment Lawyers, our team of legal professionals has the experience seekingfair compensation for drowning victims and their loved ones. We believe that anyone who acts recklessly or carelessly and contributes to another person’s drowning needs to be held accountable for these irresponsible actions and pay for the damage caused.
Contact a SeasonedSwimming Pool InjuryLawyer in Austin, TX
If you have experienced injuries from a swimming pool accident or a drowning in your family, do not hesitate to contact a knowledgeableattorney at Ross • Scalise Employment Lawyers. Our legal team fights tenaciously on behalf of our clients and will work tirelessly to ensure that you receive the compensation you deserve. Victims should not beleft to pay for losses that resulted from someone else’s negligence so contact us today to schedule your consultation.
FAQs
How Much Do Lawyers Take From Settlement In Texas? Personal injury lawyers in Texas typically charge a contingency fee of between 33% to 40% of the final settlement. Each lawyer's fee can range, so it's important you speak with your legal representative upfront about this cost.
How common are pool injuries? ›
How Common Are Swimming Pool Injuries? According to the United States Product Safety Commission (CPSC), there is: An annual average of 371 pool drowning deaths. 6,300 emergency room-treated submersion injuries and swimming pool accidents involving young children in pools and spas.
Who is responsible for everything that happens in the pool? ›
The pool owner may be held liable, which would entitle the injured person to receive compensation from the owner. The law states that the temporary or permanent owner of the swimming pool may be deemed responsible for the injuries and deaths that occur on the premises.
How long do personal injury cases take to settle in Texas? ›
In some cases, a personal injury case may settle in a few months if it's relatively straightforward and both parties are eager to resolve it. However, if a lawsuit is filed and a case goes to trial, it may take several years to reach a conclusion.
What is the maximum injury compensation in Texas? ›
There is no limit to the compensation you can seek in a Texas personal injury case. As the statute of limitations in Texas for personal injury claims is only two years from the accident date, you would be wise to consult a Dallas, TX personal injury lawyer as soon as possible.
What is the most common injury in swimming? ›
Swimmer's shoulder is the most common swimming injury, and often results from the freestyle stroke. Swimmer's shoulder refers to one or more of the several injuries that can result from the repetitive motion of moving one's arms.
What is the average injury rate for swimmers? ›
Injuries in competitive swimmers are actually very common.
A study of NCAA swimmers found an injury rate of 4.00 injuries for 1000 hours of training for male swimmers. Female swimmers had an injury rate of 3.78 injuries for 1000 hours of training.
How long does it take for a pool to heal? ›
60% of the curing or maturing process of a plaster finish occurs in the first 28 days and will continue over the next 8 to 10 months. This curing process causes the alkalinity, pH, and calcium levels to rise on their own as the pool strengthens and seals the new finish.
What kind of liability is a pool? ›
Pools are considered attractive nuisances by the insurance industry, which means they increase the liability risk for the homeowner. If someone is injured or drowns in your pool, you could be held responsible for the medical bills, legal fees, and damages2.
What kind of liability does one have if he she owns a pool? ›
Since children and strangers are tempted to enter your property and use the pool, with or without your permission, you have a higher responsibility for its safety. Owning a swimming pool means an injured party can hold you liable for an injury even if he or she was trespassing.
For the safety of yourself and others, here are the first seven things to do after a swimming pool accident:
- Get the injured person out of the water.
- Call 911.
- Administer basic first aid.
- Collect evidence while waiting for help.
- Make sure that everyone who was injured (or who might be injured) gets medical attention.
The specific percentage that lawyers take for personal injury cases varies but averages between 33% and 40% in most personal injury cases in California. For example, if a client receives a settlement of $100,000, the lawyer's fee, at 33%, would be $33,000. The remaining $67,000 goes to the client.
What is the cap on personal injury damages in Texas? ›
Generally, caps in Texas are set at $250,000 for medical malpractice cases involving individuals as well as $500,000 for other personal injury claims. In terms of non-economic damages, Texas has adopted a cap of $750,000 per person with some exceptions.
What is the success fee for a personal injury case? ›
A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.
What are the limits on personal injury policy in Texas? ›
Most Texas drivers still carry the minimum 30/60/25 liability limits, which breaks down as follows: $30,000 for bodily injuries to one victim. $60,000 for bodily injuries in one accident. $25,000 for property damage.
