Swimming Pool Accidents
On a hot day, nothing is better than jumping in the pool. Many apartment complexes in Texas have swimming pools. However, swimming pool accidents are the cause of many small children's deaths in the United States. Just a brief period of drowning can cause life-altering injuries. In some cases, the accidents are the result of negligence by the pool owner. If you have lost a child or a loved one was injured in a swimming pool accident in Dallas or the surrounding cities, you may be able to recover compensation by pursuing a premises liability claim against the pool owner. Attorney Nick Feizy can investigate the details of your situation and discuss your options.Holding a Property Owner Accountable for a Swimming Pool Accident
Some conditions that can cause pool accidents include untrained lifeguards, poor pool maintenance, malfunctioning lights, inadequate safety lines to show depth change, inadequate gates, unclear water, damaged pool ladders, missing safety equipment, and negligent supervision.
Many swimming pool accident cases are brought under a premises liability theory. Under premises liability law, a pool owner owes a duty to visitors to maintain safe conditions in and around the pool. The owner can potentially be held liable if an accident victim proves that the owner's negligence caused the injury. However, the victim's status as a visitor on the property can make a difference as to the scope of the duty that the owner of the pool owed to him or her.
There are three types of visitors: invitees, licensees, and trespassers. The greatest duty is owed to invitees. These are visitors who enter onto someone else's property by invitation when the visit provides an advantage to both the visitor and the property owner. For example, someone who pays to use a public pool is an invitee. In that case, the pool owner owes the customer a duty to use reasonable care to protect the customer from any risks of which the owner is aware or should be aware. In some cases, a visible warning sign is sufficient to put a swimmer on notice to look after his or her own safety. However, a sign probably would be insufficient for a very small child.
Although private homeowners do not usually owe a duty to protect trespassers against hazards, the rules are different when the trespasser is a small child. Under the attractive nuisance doctrine, a property owner may be liable for injuries to trespassing children who cannot appreciate the risk and are hurt or drowned in a swimming pool. Owners are required to take steps to prevent these types of accidents, such as by building a fence around the pool. Whether you can recover under the attractive nuisance depends on the court's assessment of a child victim's age and mental capacity to comprehend the danger.
If there is a problem with the swimming pool or its equipment, a product liability theory or a negligence theory may be more appropriate than a premises liability theory. For example, if a lifeguard was negligently trained and failed to save a child in time, an employer could be held liable for negligent hiring or training. Or if a defective drain was installed, resulting in injuries, a manufacturer or the installer of the equipment might be liable. Your attorney can determine the most advantageous theory under which to proceed.Enlist a Dallas Attorney to Protect Your Rights through an Injury Claim
If you or your child is hurt in a swimming pool accident in the Dallas area, you should consult an injury lawyer who is experienced in advocating for the rights of victims. Call Feizy Law Office at (214) 651-8686 or set up a free consultation via our online form. We also represent accident victims in other Texas cities, such as Arlington, Garland, Irving, Fort Worth, and Plano.