Drowning Accidents

Drowning is a tragedy that can be prevented, but unfortunately, it is something that happens all the time in the Houston area as well as around the country.

Poolside and other swimming related accidents are the second leading cause of death of children under 14 years of age. From drowning to accidents involving poolside apparatuses such as diving boards or maintenance equipment, the pool can be a dangerous place. Swimming pools are so dangerous, in fact, that 300 children under age 5 die and 2,000 more children under age 5 visit hospital emergency rooms for submersion injuries every year. The Law Firm of Gregg Harrison has experience in drowning litigation.

Swimming pool owners, like all property owners, are responsible for accidents that occur on their premises. If a hot tub is left uncovered at a residence or hotel, it presents a danger to toddlers or any other children who might reasonably be expected in the area. Property owners are responsible for providing reasonable and effective barriers to property features that can be considered an attractive nuisance.

Our firm handles swimming pool accidents involving catastrophic injuries and drowning cases where there was negligent pool management.

Swimming pool injuries may be caused by:

• Diving board accidents, including broken neck injuries
• Lack of supervision
• Failure to cover pools or hot tubs
• Inadequate fencing
• Inadequate warning signs
• Drains or other hazards
• Water too shallow
• No lifeguards
• Improperly trained lifeguards

Texas offers numerous pool and spa facilities available to children and families, which are all required by the numerous safety regulations to ensure guests and residents can enjoy themselves without worry. Unfortunately, too often pool safety regulations are not conscientiously followed, and swimming pool injuries and wrongful deaths due occur.

If you or a loved one has been involved in a catastrophic swimming pool injury, contact us today. We will use full resources to seek justice and prevent this kind of accident from occurring in the future. We take the time to fully understand all aspects and locate all factors which contributed to the accident in order to determine which parties should be held liable. We will help you get the compensation you fully deserve.

The following is a list of swimming safety tips geared toward preventing serious swimming related injuries or deaths:

• Make sure that everyone in your home knows how to swim
• Ensure that children and adults who enter the pool are knowledgeable about pool safety
• Don’t let children enter a body of water, such as a river, lake, ocean, or pool, unless a responsible adult accompanies them
• Make sure adults supervise their own children who are swimming
• Do not swim while under the influence of alcohol or drugs
• Enforce strict pool rules
• Install the correct pool safety measures, such as a tall lockable fence or a sturdy pool cover.
• Make sure broken drain covers are replaced, and install a safety vacuum release systems (SVRS), which can detect blockage of the drain and automatically shut off.

If you or your loved one has been seriously injured in a swimming pool accident, you may be able to file a premises liability claim or lawsuit for damages against the pool owner. Premises liability law in Texas is complex and in some cases not in favor of the injured party, which is why it is important that you retain the services of a knowledgeable and experienced personal injury lawyer who knows how to represent clients with swimming pool injuries or in wrongful death drowning cases.

We have been helping Texans with swimming pool accident victims obtain justice and compensation for medical expenses and other damages for over 10 years. We are a law firm that cares about its clients, and we strive to provide the highest standards of personal service.

Drowning is a tragedy that should be prevented. Check your yard locks and fence.

In 2012, I got a heart-wrenching call from a family that lost their precious 3-year-old son to a drowning in a neighbor’s pool. This smart little boy exited his own house quietly (probably to ride his tricycle) and was able to enter the neighbor’s yard, which had an in-ground pool. This was not a summer month and was not a peak swimming season. The little boy was simply curious at the open gate and/or gate handle. The bottom line is that the neighbor’s gate was not properly fastened, and this little boy was able to walk right in the yard. A parent’s worst nightmare occurred.

A simple gate lock would have prevented this tragedy. Unfortunately, there is no precise/direct law in Texas that requires a homeowner to lock a gate to a pool. Apartments and commercial buildings have their own regulations. I urge all residents who have a pool to make sure that they have a secure gate around their residential pool. This little boy did not have to die. This family should not have gone through this tragedy.

Ever since this case, I urge ALL people who have young children and live near neighbors with pools to go and speak to your neighbors and ask them if their gates are secured. Most people who have pools and older children may not worry about small kids drowning because they do not have young kids living at home. But their neighbors may have small kids! Young toddlers do not have a “fear factor.” They don’t understand the danger of pools, and they are at the highest risk for drowning.

It is a fact that toddlers escape their homes all the time! No parent can keep an eye on their toddler 24 hours, 7 days a week. In fact, my own son “escaped” my house when he was 2 years old. He could have been a drowning victim as well. Quite scary! I found him over two blocks away walking in his diaper with our Golden Retriever. When I found him, he was happy as can be, but I was a disaster! I think about that story, and I think about my clients and their precious child who is no longer with us.

Swimming pool accidents are the second leading cause of unintentional injury-related deaths among children in the United States. Drownings often result due to lack of supervision, exposing negligent parties to wrongful death claims seeking compensation for the loss of loved ones.

Owners of pools, whether private citizens or government entities, are responsible for maintaining a safe environment for pool patrons. This responsibility extends beyond simply maintaining the pool to safety code and watching children and others who are in or near the pool.

For example, a private pool owner—such as at an athletic club that fails to keep the pool covered or the pool area locked up—could be responsible for the death of a drowning victim who snuck into the area after regular business hours.

We will thoroughly investigate the circumstances of your case in order to determine if negligence was a factor in the drowning. If so, you may be able to recover compensation for loss of consortium, funeral and burial expenses, pain and suffering, and other damages.

If you or a loved one has experienced a drowning in your family and you believe that someone was negligent, please do not hesitate to call my office for a free initial consultation.