Dallas Drowning Accident Attorney

Drowning is a common cause of catastrophic injury, including traumatic brain injury, and a leading cause of death in children under the age of four. Often, these tragic near-drowning and drowning accidents occur in private or public swimming pools, as well as lakes, ponds, and other natural and manmade water features. 

Drownings and near-drownings often occur as a result of the following incidents: 

• Boating accidents
• Swimming pool accidents
• Beach accidents
• Water park accidents
• Negligent lifeguards 
• Defects 
• Dangerous property conditions
• Attractive nuisances 
• Improper supervision 

Understanding how a drowning accident occurred, as well as the various contributing factors that led to the incident, is important, as it typically points to the liable party. At Kelley Law Firm, we conduct exhaustive investigations and meticulously prepare cases for litigation. Our Dallas drowning attorneys know how to review all available evidence and identify who is liable for your injuries or the tragic drowning death of your loved one. 

Property Owner Liability for Drowning Accidents

In some cases, property owners are liable for near-drownings and drownings that occur in pools, spas, and other water features on their properties. If the incident resulted from a dangerous or defective condition, building code or city ordinance violation, or hazard that carried a risk of foreseeable injury, the property owner could be legally responsible for your damages. 

To prove the property owner’s liability, you will need to not only establish that a dangerous condition existed on the property but also that the property owner knew about or should have known about the dangerous condition yet failed to take reasonable steps to remove it, repair it, or warn potential visitors about it. You will also need to prove that the near-drowning or drowning accident occurred as a result of the dangerous condition, hazard, or violation and that you suffered measurable, compensable damages as a result. 

Some examples of dangerous property conditions that may lead to near-drownings and drownings include: 

• Failure to install proper barriers around swimming pools, spas, and other water features
• Negligent hiring or improper training of lifeguards
• Defective or missing safety equipment, such as life preservers 
• Lack of adequate maintenance, leading to broken diving boards, slides, drains, or ladders
• Improper supervision or failure to supervise swimmers in private or public swimming pools 
• Failure to lock gates or otherwise restrict access to swimming pools and other water features
• Improper or missing signage, including warning or “swim at own risk” signs

If you believe that a property owner’s negligence led to the drowning-related injuries or death of your loved one, it is important that you reach out to an experienced premises liability lawyer right away. Our team at Kelley Law Firm can review your case and determine whether you have grounds for a claim against a negligent property owner.