Swimming pools are usually associated with summer fun and relaxation—but for families who have been affected by tragic swimming pool accidents, pools are an unwelcome reminder of the worst day of their lives. An average of ten people in America die of drowning every day, making drowning the fourth leading cause of accidental deaths nationwide. Additionally, thousands more children and adults are seriously injured in near-drowning or other swimming pool-related accidents each year, sometimes sustaining permanent disabilities as a result. If your family has been affected by a swimming pool accident in Houston, you may have grounds to file a personal injury claim. But do you know what needs to be proved in a swimming pool accident claim? If you’re hoping to learn more about winning your accident claim, our Houston accident attorneys are here to help.
An Overview of What Needs to be Proved in a Swimming Pool Accident Claim, According to Expert Attorneys 1. Injuries Sustained by the Victim Were Caused by the AccidentYou can only file a personal injury claim against someone who has caused you harm. So the first thing that your personal injury attorney in Houston will need to establish is that your injuries—or your loved one’s injuries or death—were in fact caused by the swimming pool accident. If your loved one sustained traumatic brain injury (TBI) due to a near-drowning accident, your lawyer will need to be able to prove that the TBI was caused by the accident and not by something else.
On a similar note, if your cannot prove that the accident caused any type of lasting or demonstrable harm—physical, financial, or emotional—then you will not be able to build a successful Texas swimming pool accident claim, even if the accident was caused by another person’s negligence.
2. The Pool Owner Had a Duty of Care to the VictimNext, your Houston accident attorney must prove that the owner of the pool had a duty of care to the injured party, because it was their responsibility to make the pool safe. In Texas, owners of private pools owe all guests a duty of care.
3. The Duty of Care was Breached and Negligence OccurredIf the owner of the swimming pool or property where the accident occurred did not take proper precautions to prevent an injury—such as installing fences around the pool, properly storing pool equipment, or warning swimmers of potential hazards—then they may be held liable for their negligence. If the pool owner did not ensure that their pool met Texas pool safety requirements, then your lawyer should be able to prove that the pool owner breached their duty of care and was therefore negligent.
Do You Have Grounds for a Texas Swimming Pool Accident Claim? Contact a Personal Injury Attorney in Houston TodayIf you or a loved one endured a swimming pool accident that resulted in injuries or death, our attorneys at Carabin Shaw are here to help you file your claim so you can seek justice. Our team has more than 200 years of combined legal experience and a passion for helping accident victims recover the compensation they deserve, and we want to help your family in any way we can following your swimming pool accident.
You should know that we offer all new clients a no cost, no obligation consultation with an attorney. To schedule your free consultation with a knowledgeable, compassionate attorney, call our Carabin Shaw office serving Houston at 713-654-9991. Don’t wait—let our Houston accident attorneys help you get the justice you deserve.