Drowning Accidents & Property Owner Liability in Texas
Drownings and near-drownings are devastating accidents—and they are often entirely preventable. All too often, these tragedies occur as a result of someone else’s negligence, whether it’s a property owner, a product manufacturer, or some other entity.
If you or someone you love was involved in a drowning accident resulting from someone else’s negligent or wrongful conduct, you could be entitled to financial compensation. At Kelley Law Firm, our Dallas drowning accident attorneys offer compassionate and personalized legal representation to victims of near-drownings and the surviving family members of those who tragically passed away due to drowning. Our team understands that you are going through one of the most difficult times in your life, which is why we are here to help you fight for the justice you and your family deserve.
Reach out to us today at (972) 853-5398 to schedule a complimentary consultation.
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
- 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.
Sometimes, it’s not a property owner’s negligence that leads to a drowning accident, but the negligence of another third party. The most common example of this involves defective products that cause or contribute to near-drownings and drownings.
Specifically, these tragedies may directly or indirectly result from the following types of defects:
- Defective safety equipment, such as life rings
- Faulty, improper, or missing signage
- Pool or spa defects, such as missing railing or faulty shut-off valves
- Defective pool cleaning equipment, including chemicals
- Faulty pool toys, rafts, and floatation devices
- Boat defects, including defective boat design or mechanical failure
Children are also at risk of drowning in relatively small bodies of water, including bathtubs, puddles, and even buckets filled with water. Depending on how the accident occurred, any number of third parties could be partially or wholly liable.
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At Kelley Law Firm, we understand that no amount of financial compensation can undo the devastating experience you and your family have been through. Although taking legal action may be the furthest thing from your mind, filing a personal injury or wrongful death lawsuit can provide the much-needed financial resources you and your family need to heal.
At Kelley Law Firm, our Dallas drowning accident attorneys offer the personal attention, care, and support you deserve. We have extensive experience representing victims of severe bodily injury, as well as the surviving family members of people who tragically passed away due to the negligent and wrongful conduct of others. To date, we have recovered more than half a billion dollars for our clients, including many million- and multimillion-dollar settlements and verdicts. We are prepared to aggressively seek the maximum compensation you are owed, and we do not collect any legal fees unless we win your case.
Call us today at (972) 853-5398 or contact us online for a no-cost, no-obligation consultation.