Contact Our Austin Premises Liability Law Firm
Swimming pools are a central part of outdoor life in Texas. With so many pools and so many people taking advantage of them, swimming pool safety becomes a very serious matter. Whether the pool is open to the public or located at a private home, the property owner must make sure that he or she takes steps to prevent swimmers from suffering serious injuries or drowning. This includes installing adequate fencing to prevent injuries to curious children.
If pool owner negligence results in personal injuries, you may be able to recover compensation in a premises liability lawsuit. Additionally, defective equipment or even the pool itself can cause an accident, which can be grounds for a products liability lawsuit.
Since 1978, our premises liability law firm has provided honest and competent legal counsel to Texans. After an accident on someone else’s property, Austin personal injury lawyer Aaron Allison will fight for compensation on your behalf.
What Causes Swimming Pool Accidents in Austin, Texas?
Injuries from swimming pools may result from many different hazards. However, the causes of these injuries generally include:
- Poor supervision. Lifeguards can often prevent serious swimming pool accidents and injuries. Most swimming pools that are for public use must have lifeguards on duty to protect swimmers. Pools operated by businesses like hotels and apartment complexes do not need lifeguards, unless there is a diving board and/or water slide. However, these pools must have signs warning that there is no lifeguard.
- Improper maintenance. Owners of both private and public pools must maintain their facilities to prevent illness and injury to visitors. Negligence can cause preventable risks, including slip and trip hazards, contaminated water and more.
- Faulty equipment. This includes poorly designed or installed intake covers or drains, overly powerful pumps and problems with electrical wiring. However, these are just a few of the issues that cause serious and potentially fatal injuries to swimmers.
- Defective pool design. Defects in a pool’s design may include dangerous drainage vents, slippery surfaces around the pool edge, lack of steps to get into and out of the water and more.
- Lack of fencing. According to “attractive nuisance” premises liability laws (described below), property owners must take steps to prevent children from accessing them. All pools, especially those in areas frequented by children, should be surrounded by sturdy fencing. This prevents injuries, especially child injuries, to trespassers and others who may wander into the pool, unsupervised. A broken gate or lack of a fence can lead to tragic situations.
What is the Attractive Nuisance Doctrine?
Swimming pool accidents are much more tragic when the victim is a young child. Even if the child survives the initial incident, he or she may suffer permanent brain injuries due to lack of oxygen, resulting in a lifelong disabilities. However, young children are particularly at risk for this kind of accident because many do not realize the dangers of a pool.
In most premises liability cases, the victim has a duty to exercise reasonable care to protect him or herself. However, children are not held to the same standard of care, due to their young age and inexperience. For this reason, Texas premises liability law includes an attractive nuisance doctrine.
An “attractive nuisance” is anything that may be interesting enough to a child that he or she may trespass onto someone else’s property. This can be an animal, large machinery or even a simple pile of dirt. One of the most common attractive nuisances is a swimming pool. The attractive nuisance doctrine makes it the property owner’s responsibility to protect curious children from injury, even if they are technically trespassing on the property. In terms of swimming pools, this means that public facilities, businesses and private homeowners must have sturdy fencing in place around all pools. A locking gate and a pool cover would also be a good idea.
Hurt in a Swimming Pool Accident? Contact Our Texas Premises Liability Law Firm Now
Our premises liability law firm knows that swimming pool owners have a great deal of responsibility. When these owners neglect their duties, we have the skills and experience necessary to hold them accountable for accidents involving their pool. We can help you build a strong case against:
- Apartment complexes
- Private swimming pool owners
- Water parks
- Amusement parks
- Owners of recreation centers and public pools
Contact our Austin personal injury lawyer if you or a loved one were hurt at a swimming pool. He has experience building strong cases that then hold negligent property owners accountable for their actions.
For a free consultation, call our law office at (512) 474-8346. We work on a contingency fee basis. This means that we collect no attorney fees unless you receive compensation.