Summertime is here, and with it, millions of Texans will head to public and private pools for some cool refreshment from the sweltering Texas heat. Unfortunately, however, drowning is one of the most common form of unintentional deaths in the United States, with ten people dying each day from drowning, two of them between the ages of 5 and 14, which are often the ages of those most attracted to pools. In addition to fatal drowning, many people using pools suffer severe injuries from non-fatal drowning, diving accidents, slip and falls, and injuries from defective pool equipment and devices. Not every pool-related injury or death will be the grounds for a successful lawsuit, but here are a few legal issues for pool owners, users, and parents of children who use pools to keep in mind.
A Property Owner Can Be Liable for Pool Injuries On Their Property
Property owners can be liable for numerous types of injuries that occur on their property even if they themselves did not create the danger that led to the injury or death. For example, a public pool may be liable for a drowning caused by other users of the pool or due to negligent oversight if the pool owners failed to take proper steps to, among other things, prevent assaults from occurring on their property or hiring lifeguards with the proper training or commitment to their duties to prevent the drowning.
In addition, even private owners of pools who invite social guests can be liable for injuries occurring at the pool if they had reason to know there was a danger (e.g. an improperly disinfected pool), and yet failed to remedy the situation or warn guests. This can also be the case even where a child victim did not have permission to use the pool but the owner did not take sufficient steps to prevent the child from entering.
Don’t Sign Any Waivers Without Speaking to an Attorney
After an accident at a pool happens, it is quite common for the owner of the property to put a waiver in front of an injured victim’s face and their family and ask them to sign it, perhaps accompanied by some kind of financial offer (e.g. cash, free tickets, coupons, etc.) or not. While this may seem like a kind gesture, this is often an attempt at getting victims to sign away their rights to seek the actual compensation they are owed, even if the person trying to get you to sign says otherwise.
Instead, if you or a family member has been seriously injured (or a family member has been killed) in a pool accident, you should speak to an experienced personal injury attorney as soon as possible after the accident to determine your rights and begin building your case for recovery. Waiting to talk to an attorney can diminish the ability of your attorney to fully collect evidence related to the accident and build your strongest claim for financial compensation.
Work With Experienced Dallas Personal Injury Attorneys
The Kelley Law Firm PC in Dallas, TX represents the rights of personal injury victims and family members of those killed wrongfully. We have successfully recovered numerous 7-figure settlements and verdicts on behalf of our clients, and are passionately committed to obtaining the maximum financial recovery that our clients deserve. Contact us today to schedule a consultation regarding your personal injury or wrongful death matter.