When temperatures start rising, parents begin hearing a common question—their children want to know when you’re taking them to the pool. Swimming is a great way for kids to get in some exercise, stay cool, and have some fun splashing in the water.
While there are plenty of reasons to head to the pool this summer, parents also need to be aware of the potential risks. Statistics show a 12% increase in fatal child drownings and this is something no parent ever wants to go through. Unfortunately, child drownings do occur and it helps to know your legal rights.
Who Can Be Liable in a Swimming Pool Drowning Accident
Pool owners have a duty to ensure the area is safe for guests, and this includes privately owned and public pools. If your neighbor invites your family over, they must provide a safe environment. The same duty of care also applies to public pools and waterparks. Staff must take steps to prevent injuries and accidental drownings.
If a fatal drowning accident occurs, parents often look to hold someone responsible. Who’s liable for the accident varies but here’s a look at some of the parties who may be named in a swimming pool drowning lawsuit.
Homeowners
Homes with swimming pools are a common sight in Houston. So are backyard pool parties. Neighbors and family members gather up their kids for a fun day in the water. Homeowners are required to keep their properties free of hazards to help ensure a safe environment for visitors, and this also extends to their swimming pools.
Texas law requires fencing around all swimming pools, including those on private property. The fence must also have a securely latching gate preventing children from accessing the pool when adults aren’t around. If a homeowner fails to enclose their pool and a drowning accident occurs, chances are, they’re liable for your damages.
Homeowners’ Associations (HOAs)
Most neighborhoods in Houston, especially newer developments, are managed by an HOA. These neighborhoods typically have community swimming pools for residents to enjoy.
The HOA is responsible for ensuring the pool is safe for you and your children. If a child drowning accident occurs, the HOA is often liable.
Apartment and Condominium Complexes
Managers and HOAs of multi-unit dwellings (MUDs) must follow the same state regulations as homeowners, which means fencing in complex swimming pools.
If the complex fails to meet all safety requirements, they’re usually liable for any accidents including drownings.
Resorts, Hotels, Motels, and Rental Property Owners
When you check into a resort, hotel, motel, or rental property, the last thing on your mind is wondering if the pool is safe.
The same laws apply to these entities, they must provide guests with a safe environment. If they fail to implement appropriate safety measures, like maintaining the pool and preventing unsupervised child access, the entity can be liable for any accidents.
Who is ultimately named in an accidental child drowning lawsuit can vary, depending on the circ*mstances. For example, the hotel manager may be the liable party if they fail to follow safety guidelines set down by the chain. The organization’s CEO may also be liable if they fail to issue safety requirements at their brand’s hotels, motels, or resorts.
When it comes to rental property owners. In most instances, the property owner is liable and not the rental’s booking agency.
Park-Maintained Swimming Pools
Some Houston-area parks have swimming pools and this is a plus on hot summer days. Visitors pay an admission fee and have access to everything the park has to offer, including the use of the swimming pool.
If the park fails to maintain pool safety and an accident occurs, figuring out who’s liable can be a little tricky. Some parks are operated by the city, others by the county, and some are on federal land.
If your accidental child drowning lawsuit names a government entity, it’s usually best to work with an experienced attorney. The laws can be a little different when a lawsuit involves a government entity. For example, tort laws may apply, and this can mean a cap on your settlement amount.
Gyms and Other Recreational Facilities
Some gyms have pools for members to use and enjoy, and they must follow the same guidelines as others.
Pool access is already restricted to members but gyms and recreational facilities need to do more to ensure they’re meeting all safety requirements, which includes making sure that pool access is restricted. This can be putting up fencing around an outdoor pool or fully enclosing an indoor one with walls and a locking door.
The pool area must also be free of hazards that can result in trips and falls. Failing to follow these and other safety guidelines can mean the gym or recreational facility is liable if an accident occurs.
Amusem*nt Parks
Whether it’s a swimming pool, waterslide, splash zone, or another type of water attraction, amusem*nt parks have an obligation to ensure a safe environment for children and other visitors.
Along with enclosing water attractions and keeping the area free of hazards, amusem*nt parks face another challenge. They must also keep the area safe on days when the park is crowded. This can mean limiting the number of people in the water and taking other precautions.
Cruise Ships
Cruise ships can seem to be going to extremes to provide a fun experience for passengers, and this typically means swimming pools on at least one deck. You can float in the pool while staring out at the ocean, it can be a relaxing experience. Some cruise ships even include water attractions like slides and large splash pads.
While these areas are designed for fun, they can also be a potential drowning hazard. If you’re the victim of an accidental child drowning incident, you have legal rights regardless of whether it occurs in U.S. or international waters.
Talk to an Attorney About Your Fatal Child Drowning Accident
Losing a child is a traumatic experience that no one should have to go through, and learning that the accident may have been preventable can be devastating. However, you have legal rights that may include filing a lawsuit against the negligent party.
Consult an attorney to learn more about your legal rights and determine who can be held liable for your child’s fatal drowning accident. An experienced attorney can help you navigate this difficult time and ensure that those responsible are held accountable.
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